17-Q-0005_WAFB_Steam_Heat_Plant_Combo_Rev_16Mar17.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation

(RFQ) for Steam Heat Plant Services at Whiteman AFB, MO, Solicitation Number FA4625-17-

Q-0005. This procurement is 100% service-disabled veteran-owned small business set-aside.

The North American Industry Classification System (NAICS) code for this acquisition is

561210. For the purpose of this procurement the small business size standard is $38.5M. The acquisition performance period is for one (1) 12-month base period and four (4) 12-month option periods. All quotes shall be valid for a period of 150 days. The Government intends to issue a single award from this solicitation. The U.S. Government reserves the right to refrain from awarding to any contractor in the event that all Offerors progressing beyond the technically acceptable evaluation are determined to have offered pricing that is not considered realistic, reasonable, or complete. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, Defense Acquisition Circular

20161222, and Air Force Acquisition Circular 2017-0127. Evaluation for this acquisition shall be lowest price technically acceptable.

Notice to Offeror(r)/Supplier(s): Fundsare not presently availiable for this effort. No award will be made under this solicitation until funds are availiable. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event that the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

Paper copies of the Request for Quotation will not be made available. Quote shall consist of the completed Attachment #2, Price Schedule, Attachment #4, Acknowledgment of

Amendments (if amendment is made to the solicitation), and not to exceed (5) Past Performance

Questionnaires/references (Attachment #6) for steam heat plant or similar services in accordance with FAR 52.212-1 Addendum. Provide the Attachment #2, Price Schedule in an excel file. The

Past Performance Questionnaires do not count towards the 15 page limit. Only digital copies, via CD/disc, of quotes and references will be accepted. All proposals and related documents will be submitted via CD/disc to the 509th Contracting Squadron, unless otherwise noted. The

CD/disc must arrive at the designated time specified in the solicitation to be considered responsive, and considered in the evaluation process. Paper/email copies of quotes/references will not be accepted. Questions can be e-mailed to the following e-mail address:

509cons.solpka@us.af.mil to the attention of SSgt Jerald Belford. NOTE: Quotations must be received at the designated address by Monday, 1 May 2017, 2:00 PM CST; late quotations will not be considered for award. Prospective offeror must be registered and have an active status in the System for Award Management (SAM) (www.sam.gov) in order to be eligible for award.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency.

Attachment 1, Statement of Work (SOW), dated 16 Feb 17.

Attachment 2, Price Schedule*

Attachment 3, Local Requirements

Attachment 4, Acknowledgment of Amendments*

Attachment 5, Past Performance Questionnaire* mailto:509cons.solpka@us.af.mil

Attachment 6, Quality Assurance Surveillance Plan*

*Not to be included as part of the final award

A site visit will be held on Friday, 13 April 2017 at 1 pm CST at Whiteman AFB, MO.

Attendees will meet at the Visitor’s Center at the main gate on MO Hwy 23. Persons interested in attending shall RSVP not later than Wednesday, 12 April 2017 at 2 pm CST. Limited to no more than 3 people per company. Reference the REAL ID Act within the Statement of Work regarding base access for the site visit.

Service Labor Standards applies, Department of Labor Wage Decision Number 15-5089

Revision Number 2, dated 3 January 2017 is hereby incorporated by reference and can be found at the following internet address: http://www.wdol.gov.

The following FAR Clauses and Provisions apply to this acquisition:

52.203-3, Gratuities;

52.203-6, Restrictions on Subcontractor Sales to the Government;

52.203-12, Limitation On Payments To Influence Certain Federal Transactions;

52.203-16, Preventing Personal Conflicts of Interest;

52.203-17, Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights;

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper;

52.204-7, System for Award Management Registration;

52.204-9, Personal Identity Verification of Contractor Personnel;

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards;

52.204-13, System for Award Management (SAM) Maintenance;

52.204-14, Service Contract Reporting Requirements;

52.204-16, Commercial and Government Entity Code Reporting;

52.204-18, Commercial and Government Entity Maintenance;

52.204-19, Incorporation by Reference of Representations and Certifications;

52.204-21, Basic Safeguarding of Covered Contractor Information Systems;

52.209-6, Protecting the Governments Interest when subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

52.209-7, Information Regarding Responsibility Matters;

52.209-10, Prohibition on Contracting With Inverted Domestic Corporations;

52.212-1, Instructions to Offerors-Commercial Items;

52.212-4, Contracts Terms and Conditions-Commercial Items;

52.217-5, Evaluation of Options;

52.219-6, Notice of Total Small Business Set-Aside;

52.219-8, Utilization of Small Business;

52.219-13, Notice of Set-Aside of Orders;

52.219-14, Limitations on Subcontracting;

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set Aside;

52.219-28, Post Award Small Business Program Representation;

52.222-3, Convict Labor;

http://www.wdol.gov/

52.222-17, Nondisplacement of Qualified Workers;

52.222-19, Child Labor-Cooperation with Authorities and Remedies;

52.222-21, Prohibition of Segregated Facilities;

52.222-26, Equal Opportunity;

52.222-35, Equal Opportunity for Veterans;

52.222-36, Affirmative Action for Handicapped Workers;

52.222-37, Employment Reports on Veterans;

52.222-40, Notification of Employee Rights Under the National Labor Relations Act;

52.222-41, Service Contract Labor Standards;

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts);

52.222-50 Combating Trafficking in Persons;

52.222-62 Paid Sick Leave Under Executive Order 13706;

52.223-3, Hazardous Material Identification and Material Safety Data;

52.223-5, Pollution Prevention and Right-To-Know Information;

52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts;

52.223-18, Contractor Policy to Ban Text Messaging While Driving;

52.225-13, Restrictions on Certain Foreign Purchases;

52.228-5, Insurance – Work on A Government Installation;

52.232-9, Limitations on Withholding of Payments;

52.232-18, Availability of Funds;

52.232-33, Payment by Electronic Funds Transfer-SAM Registration;

52.232-11, Extras;

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.237-2, Protection of Government Buildings, Equipment, and Vegetation;

52.237-3, Continuity of Services;

52.242-13, Bankruptcy;

52.242-15, Stop-Work Order;

52.247-34, F.O.B. Destination;

52.252-1, Provisions Incorporated by Reference, http://farsite.hill.af.mil;

52.252-2, Clauses Incorporated by Reference, http://farsite.hill.af.mil;

52.253-1, Computer Generated Forms

The following DFARS Clauses and Provisions apply to this acquisition:

252.203-7000, Requirements Relating to compensation of Former DoD Officials;

252.203-7002, Requirements to Inform Employees of Whistleblower Rights;

252.203-7005, Representation Relating to Compensation of Former DoD Officials;

252.204-0001 Line Item Specific: Single Funding;

252.204-7003, Control of Government Personnel Work Product;

252.204-7004, Alternate A, System for Award Management;

252.204-7007, Alternate A, Annual Representations and Certifications;

252.204-7008, Compliance With Safeguarding Covered Defense Information Controls;

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information;

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting;

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support;

252.205-7000 Provision of Information to Cooperative Agreement Holders;

252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism;

252.209-7998, Representation Regarding Conviction of a Felony Criminal;

252.223-7001, Hazard Warning Labels;

252.223- 7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials;

252.223-7008, Prohibition of Hexavalent Chromium;

252.225-7002, Qualifying Country Sources as Subcontractors;

252.225-7012, Preference For Certain Domestic Commodities;

252.232-7003, Electronic Submission of Payment Request and Receiving Reports;

252.232-7006, Wide Area Workflow (WAWF) Payment Instructions;

252.232-7007, Limitation of Government’s Obligation;

252.232- 7010, Levies on Contract Payments;

252.243-7001, Pricing of Contract Modifications;

252.246-7004, Safety of Facilities, Infrastructure & Equipment for Military Operations

The following AFFARS Clauses apply to this acquisition:

5352.201-9101, Ombudsman;

5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances;

5352.223-9001, Health and Safety on Government Installations;

5352.242-9000, Contractor Access to Air Force Installations;

5352.242-9001, Common Access Cards (CACs) for Contractor Personnel

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

ADDENDUM TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--

COMMERCIAL ITEMS

NOTE: All proposal preparation cost will be the sole responsibility of the offeror. The

Government will not reimburse any firm for their proposal preparation cost.

A. FAR 52.212-1(b)(8), is changed to read:

(8) A completed copy of the representations and certifications at FAR 52.212-3 and

DFARS 252.212-7000.

B. FAR 52.212-1(c), is changed to read:

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 150 calendar days from the date specified for receipt of offers.

C. To assure timely and equitable evaluation of proposals, offeror’s must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of two parts. PART I – Technical

Capability, PART II - Price Proposal.

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL

BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE

DEEMED INCORPORATED BY REFERENCE.

Evaluation will be made in accordance with FAR 52.212-2 Addendum of this solicitation.

Proposal Preparation Instructions

A. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The response shall consist of two (2) separately bound parts:

Part I - TECHNICAL CAPABILITY

Part II - PRICE

B. Offerors must complete the necessary fill-ins and certifications in FAR 52.212-3, Offer

Representations and Certifications – Commercial Items.

C. Relationship between Solicitation FAR 52.212-1 and FAR 52.212-2. Your attention is directed to the functional relationship between FAR 52.212-1 and FAR 52.212-2 of this solicitation. FAR 52.212-1 provides information for the purpose of organizing the proposal and is not intended to be all-inclusive. FAR 52.212-2 describes the evaluation factors for award, to include the evaluation procedures for the Technical Capability acceptability and the ranking of the Price proposals. Since the Government evaluation of proposals will cover areas identified in

FAR 52.212-2, proposals should address all such areas of evaluation. Proposals that do not contain the information required risk rejection and consideration for award.

PART I – TECHNICAL CAPABILITY – An evaluation of each Offeror’s technical capability shall be made. The technical subfactors of Professional Qualifications/Certifications & Past

Performance shall be limited to no more than 15 pages total. Submit original with one (1) and one (1) sanitized copy with Offerors CAGE code only. A sanitized copy removes all direct references that can identify an Offeror by name or other easily recognizable characteristic. The sanitized copy will only contain a CAGE code as an identifier. The sanitized copy will be used during source selection procedures as detailed in FAR 52.212-2 of the solicitation.

A. Sub Factor 1 - Professional Qualifications/Certifications.

1. CRITERIA: Offeror must provide an organizational block identifying on-site individuals and key personnel with a description of their work experience relating to projects similar in scope to those expected under this Steam/Heat Plant contract. At a minimum, the

Offeror shall provide the following information:

a. An organizational block identifying the on-site individuals and key personnel associated with this requirement. This block diagram shall include, but is not limited to, all local management, quality control, supervision and other technical trades required for onsite operations. In addition to the block diagram, the Offeror shall provide sufficient information identifying the shift allocation/makeup communicating how adequate personnel will be available to execute the requirements of the PWS. Additionally, the Offeror must provide qualifications and certifications regarding the key personnel in resume format including a description of their work experience. Alongside the resume, a letter of intent must be provided. The information shall also include:

(1) Key personnel: Each individual’s name, title, duty, years of experience and experience level relating to a similar contracts in size and scope of the contract

(operation of a steam/heat plant). NOTE: At least one individual, either the Contract

Manager or Alternate Contract Manager, must have a minimum of two (2) years’ experience operating and maintaining a DeltaV system. At a minimum, the Offeror shall provide information for the following disciplines:

(a) Contract Manager

(b) Alternate Contract Manager

(2) Offerors must submit all required professional certification documentation for the Contract Manager and the Alternate Contract Manager.

B. Sub Factor 2 – Past Performance

1. When addressing past performance evaluation criteria set forth in this solicitation, Offerors must provide recent and relevant information regarding an Offeror’s actions under previously awarded contracts. A recent contract effort is defined as occurring within the past five (5) years from the date of issuance of this solicitation. Relevant past performance includes performance efforts that are similar in magnitude and scope of this contract. Relevant past performance is the operation, maintenance and repair of a central steam/heat plant and the condensate distribution system, Facility

Support Services contract, or a utility/energy plant contract, for example. Offerors with no relevant past or present performance history, or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall be determined to have unknown past performance.

2. The Offeror shall forward a copy of Attachment 5, Past Performance Questionnaire to their most recent references, not to exceed five (5), for whom the Offeror has contracted similar services with Federal, State, and Local Governments. The past performance questionnaires do not count towards the 15 page limit. If the Offeror does not have Government references, the Offeror shall provide references from private industry sources that are not prohibited from furnishing information to the

Government. The questionnaires must be forwarded to a verified point of contact at each agency or business organization for completion. Offerors may include with their proposal, information on problems encountered on the identified contracts and the

Offeror’s corrective actions. The Government will consider this information as well as information obtained from other sources such as other Federal Government offices and commercial sources, to assess performance.

Technical Capability will be evaluated as ACCEPTABLE/UNACCEPTABLE. Professional

Qualifications and Past Performance sub-factors will be weighted equally and all areas must have an acceptable rating. The Technical Capability sub-factors rating of ACCEPTABLE will be required for all sub-factors in order to be considered for award.

PART II – PRICE PROPOSAL

A. Complete the Price Schedule, Attachment 2. Submit all documents digitally, on a compact disc. The Bid Schedule shall be submitted in Microsoft Excel (version 2010 or later) format on a compact disc. In doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation.

B. Complete all the CLINS/SLINS in the Price Schedule, to include all option periods.

Provide complete pricing for all items listed in the Price Schedule of this solicitation.

Unit prices shall prevail in the event the extended price is calculated incorrectly.

C. Acknowledge any and all amendments to the solicitation.

GENERAL INFORMATION

A. Pages exceeding the page limitations set forth will not be read or evaluated, and will be removed from the proposal.

Format for proposal Part I & II shall be as follows:

1. A page is defined as one face of an 8 ½” x 11” sheet of paper containing information.

2. Text shall not be less than 12 pitch.

B. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day – 1 January

Martin Luther King’s Birthday – Third Monday in January

Presidents Day – Third Monday in February

Memorial Day – Last Monday in May

Independence Day – 4 July

Labor Day – First Monday in September

Columbus Day – Second Monday in October

Veterans Day – 11 November

Thanksgiving Day – Fourth Thursday in November

Christmas Day – 25 December

C. Electronic submission of proposals is required. All proposals and related documents will be submitted via CD/disc to the 509th Contracting Squadron, unless otherwise noted. The

CD/disc must arrive at the designated time specified in the solicitation to be considered responsive, and considered in the evaluation process. The physical address is:

Attn to: SSgt Jerald Belford

509 CONS

660 Tenth St, Ste 222

Whiteman AFB, MO 65305-5344

D. Acknowledgement of solicitation amendments (SF30s) will be accepted electronic on the

CD/disc or by e-mail. The acknowledgement of amendments must be received prior to solicitation closing date. The e-mail address is 509cons.solpka@us.af.mil.

End of Addendum

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

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:

(i) Technical Capability

(ii) Price;

(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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20016

(End of Provision)

EVALUATION--COMMERCIAL ITEMS

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION--COMMERCIAL ITEMS

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL

BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE

DEEMED INCORPORATED BY REFERENCE.

Evaluation will be made in accordance with FAR 52.212-2 Addendum of this solicitation.

1. The Government will award a firm fixed-price 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 in the following order to evaluate offers:

Part I - TECHNICAL CAPABILITY

Part II - PRICE

2. BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically

Acceptable (LPTA) source selection in which technically acceptable competing Offerors will be moved on to Cost or Price; cost/price will contribute substantially to the selection decision. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined unacceptable. The evaluation process shall proceed as follows:

PART I – TECHNICAL CAPABILITY

1. First, the technical capability of all offers will be evaluated on an ACCEPTABLE /

UNACCEPTABLE basis. Professional Qualifications/Certifications and Past Performance sub-factors will be weighted equally and all areas must have an ACCEPTABLE rating. Because risk of unsuccessful performance is expected to be minimal, risk is not separately evaluated, but instead is included as part of the technical capability and will be evaluated for acceptability only.

2. Evaluators shall assign a rating of ACCEPTABLE / UNACCEPTABLE based on the minimum requirements stated below.

A. Sub-Factor 1 – Professional Qualifications/Certifications

Professional Qualifications/Certification Acceptable/Unacceptable Rating Method

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

1. CRITERIA: Offeror must provide an organizational block identifying on-site individuals and key personnel with a description of their work experience relating to projects similar in scope to those expected under this Steam/Heat Plant contract.

2. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standard of acceptability is met when the Offeror provides:

a) An organizational block identifying the on-site individuals and key personnel associated with this requirement. This block diagram shall include, but is not limited to, all local management, quality control, supervision and other technical trades required for onsite operations. In addition to the block diagram, the Offeror shall provide sufficient information identifying the shift allocation/makeup, communicating how adequate personnel will be available to execute the requirements of the PWS. Additionally, the Offeror must provide qualifications and certifications regarding the key personnel in resume format including a description of their work experience. Alongside the resume, a letter of intent must be provided.

The information shall also include:

(1) Key personnel: Each individual’s name, title, duty, years of experience and experience level relating to similar contracts in size and scope (operation of a steam/heat plant).

NOTE: At least one individual, either the Contract Manager or Alternate Contract

Manager, must have a minimum of two (2) years’ experience operating and maintaining a

DeltaV system. At a minimum, the Offeror shall provide information for the following disciplines:

(a) Contract Manager

(b) Alternate Contract Manager

(2) The narratives/resume for the Contract Manager must show a minimum of ten

(10) years’ experience in direct management, operations, and repairs of high-pressure central steam/heat plants. Alongside the resume, a letter of intent must be provided. Must provide proof that the Contract Manager is licensed as a Chief Plant Engineer or Stationary High Pressure steam Engineer First-Class. Must provide evidence that the Contract Manager (or Alternate

Contract Manager) is trained in DeltaV operation and maintenance system with at least two (2) years of experience in operating and maintaining DeltaV systems in an operational steam heat plant.

(3) The narrative for the Alternate Contract Manager must show a minimum of five (5) years’ experience as an assistant manager in the direct operation and repair of high-pressure central steam plants. Alongside the resume, a letter of intent must be provided. Must provide proof they are licensed as a Chief Plant Engineer or Stationary High Pressure Steam

Engineer First-Class. Must provide evidence that the Alternate Contract Manager is trained in building automation systems operation and have at least one (1) year (or two (2) if Contract

Manager does not have experience) of direct operational experience in operating and maintaining

DeltaV systems in an operational steam heat plant.

B. Sub-Factor 2 – Past Performance

Past Performance Acceptable/Unacceptable Rating Method

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

1. CRITERIA: Offerors must provide a minimum of two (2) and a maximum of five (5) references of their choice of projects of similar contracts in size and scope as those required by this contract. The past performance questionnaires do not count towards the 15 page limit. The

Offeror must provide for each reference the reference's company name, POCs, address, contact information to include phone number and e-mail address, project description, dollar value and period of performance. The Government will consider and evaluate Offeror's past performance information, to include the references, which are deemed recent and relevant for the requirements of this RFP in evaluation of Offeror’s adherence to period of performance and services performed according to contract specifications without deficiencies. The Government will also use information submitted by the Offeror and other sources such as other Federal

Government offices and commercial sources, to assess performance. Recent and Relevant is defined in the subparagraph below:

i. Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past five (5) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

ii. Relevancy Assessment: An assessment of the recent past performance information will be made to determine whether the provided service performed under those contracts relate to a similar scope as those required by this solicitation. To be relevant, the work must be of a nature, magnitude and scope similar to that required by this contract. Relevant past performance is the operation, maintenance and repair of a central steam/heat plant and the condensate distribution system, Facility Support Services contract, or a utility/energy plant contract, for example.

2. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standard of acceptability is met when the Offeror provides minimum of two (2) and a maximum of five (5) references of their choice of projects of similar contracts in size and scope in which the Offeror adhered to period of performance and services performed according to contract specifications without deficiencies. The Offeror must provide for each reference the reference's company name, POCs, address, contact information to include phone number and e-mail address, project description, dollar value and period of performance. The Government will consider and evaluate

Offeror's past performance information, to include the references, which are deemed recent and relevant for the requirements of this RFP in evaluation of Offeror’s adherence to period of performance/time of service and service according to contract specifications listed in the PWS.

The Government will also use information submitted by the Offeror and other sources such as other Federal Government offices and commercial sources, to assess performance. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

Recent and Relevant is defined in the subparagraph below:

i. Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past 5 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

ii. Relevancy Assessment: An evaluation of all recent performance information obtained to determine whether the provided service performed under those contracts relate to a similar size and scope as those required by this solicitation. In determining the relevancy of effort performed under individual past performance contracts, the Government will consider the specific effort or portion consistent with that proposed by the prime contractor and/or subcontractor. The past performance information obtained from sources will be used to establish the relevancy of past performance.

3. Those offers not meeting the minimum standard for acceptability will not be considered for award. Professional Qualifications/Certifications and Past Performance sub-factors will be weighted equally and all areas must have an ACCEPTABLE rating. The

Technical capability sub-factors ratings of ACCEPTABLE will be required in order to be considered for award.

PART II – PRICE PROPOSAL

A. Next, offers that are deemed technically acceptable shall be ranked according to price, including all aspects of the proposal. The Offeror’s price proposal will be submitted in a separate volume. Offeror’s must complete the Price Schedule, Attachment 2. No price information is to be included in the technical sections of the proposal.

B. For award purposes, the Government will evaluate the total prices in Price Schedule, Attachment 2, including all Option Periods. The Attachment 2, Price Schedule, will be utilized for evaluation purposes only. The total price of the Base or Option Period is the sum of the extended unit prices within the applicable period. The extended amounts for the base period and all option periods will be added together for a total evaluated price. Unit prices shall prevail in the event the extended price is calculated incorrectly. Price Schedule unit prices shall prevail in the event the bid schedule unit price is different. The Government may determine an offer unacceptable if the proposed prices are materially unbalanced, which is defined as significantly understated or overstated in relation to the actual cost of the item or when the price is determined not to be fair and reasonable. Proposed prices will become fixed prices on the contract. In the event the Government extends services under the authority of FAR 52.217-8, “Option to Extend

Services”, unit pricing for the last option period exercised preceding the extension shall remain in effect.

1. Total evaluated amount for Base Period and Option Periods: Extended amounts for

CLINS 0001 thru 0002 are added together for a total for that specific period.

2. Total Evaluated Contract Amount: (Total Evaluated Amount for Base Period) +

(Total Evaluated Amount for Option Period 1) + (Total Evaluated Amount for Option Period 2)

+ (Total Evaluated Amount for Option Period 3) + (Total Evaluated Amount for Option Period

4).

3. The Government will use various price analysis techniques and procedures described under FAR 15.404-1(b) as the primary means of assessing proposal reasonableness. Offeror shall be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of price. The Offeror’s Price proposal will be evaluated to ensure it is fair and reasonable pursuant to FAR 15.404. For additional information see FAR 31.201-3.

C. An Offeror’s proposal may be rejected if the Contracting Officer determines the lack of realistic, balanced, or reasonable price information contained in any portion of an Offerors price proposal.

3. The Government intends to award a contract without discussions with respective Offerors.

Therefore, the Offeror’s initial offer should contain that Offeror’s best terms from a price and technical standpoint. The Government, however, reserves the right to conduct discussions if deemed in its best interest. Prior to discussions, a competitive range may be established and the

Offerors within the competitive range will be part of the discussions. The Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

End of Addendum

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Jan 2017)

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

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

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

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

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or

State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for

Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August

25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

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

Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal

Employment Opportunity Commission, the Occupational Safety and Health Review

Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations.

The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

Act;

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

(vi) The Family and Medical Leave Act; and

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

Contractors);

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

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

(ii) OSHA-approved State Plans;

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

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

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

Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

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

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

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

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

9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

124.105) by--

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

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

13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL

Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(b)

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