FA4659-10-R-0011.doc

Section SF 1449 - CONTINUATION SHEET

Inspection of OWS/Grit Chambers and UST

FFP

Inspection of OWS/Grit Chambers and UST, IAW SOW Part 1.2.1 (Base Year; Date of Award through 30 Jun 2011)

FOB: Destination

SIGNAL CODE: A

ESTIMATED

NET AMT

Sampling of OWS

Sampling of OWS, IAW SOW Part 1.2.2 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Pumping of non-hazardous liquid

Pumping of non-hazardous liquid, IAW SOW Part 1.3.1.1 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Remove Sludge & Clean

Remove sludge and clean, IAW SOW Part 1.3.1.2 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Transport/Recycle Hazardous Material

Transport/Recycle Hazardous Material, IAW SOW Part 1.3.2 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Waste Water & Sludge Removal

Waste Water and Sludge Removal, IAW SOW Part 1.3 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Inspections of Grease Traps

Inspections of Grease Traps, IAW SOW Part 1.7.1 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Pump and Service Grease Traps

Pump and Service Grease Traps, IAW SOW Part 1.7.2 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

Pump and Service Used vegetable oil

Pump and service used vegetable oil, IAW SOW Part 1.8.1 (Base Year; Date of Award through 30 Jun 2011)

ESTIMATED

FFP

Inspection of OWS/Grit Chambers and UST, IAW SOW Part 1.2.1 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Sampling of OWS, IAW SOW Part 1.2.2 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Pumping of non-hazardous liquid, IAW SOW Part 1.3.1.1 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Remove sludge and clean, IAW SOW Part 1.3.1.2 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Transport/Recycle Hazardous Material, IAW SOW Part 1.3.2 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Waste Water and Sludge Removal, IAW SOW Part 1.3 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Inspections of Grease Traps, IAW SOW Part 1.7.1 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Pump and Service Grease Traps, IAW SOW Part 1.7.2 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Pump and service used vegetable oil, IAW SOW Part 1.8.1 (First Option Year; 01 Jul 2011 through 30 Jun 2012)

ESTIMATED

FFP

Inspection of OWS/Grit Chambers and UST, IAW SOW Part 1.2.1 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Sampling of OWS, IAW SOW Part 1.2.2 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Pumping of non-hazardous liquid, IAW SOW Part 1.3.1.1 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Remove sludge and clean, IAW SOW Part 1.3.1.2 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Transport/Recycle Hazardous Material, IAW SOW Part 1.3.2 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Waste Water and Sludge Removal, IAW SOW Part 1.3 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Inspections of Grease Traps, IAW SOW Part 1.7.1 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Pump and Service Grease Traps, IAW SOW Part 1.7.2 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Pump and service used vegetable oil, IAW SOW Part 1.8.1 (Second Option Year; 01 Jul 2012 through 30 Jun 2013)

ESTIMATED

FFP

Inspection of OWS/Grit Chambers and UST, IAW SOW Part 1.2.1 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Sampling of OWS, IAW SOW Part 1.2.2 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Pumping of non-hazardous liquid, IAW SOW Part 1.3.1.1 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Remove sludge and clean, IAW SOW Part 1.3.1.2 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Transport/Recycle Hazardous Material, IAW SOW Part 1.3.2 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Waste Water and Sludge Removal, IAW SOW Part 1.3 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Inspections of Grease Traps, IAW SOW Part 1.7.1 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Pump and Service Grease Traps, IAW SOW Part 1.7.2 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Pump and service used vegetable oil, IAW SOW Part 1.8.1 (Third Option Year; 01 Jul 2013 through 30 Jun 2014)

ESTIMATED

FFP

Inspection of OWS/Grit Chambers and UST, IAW SOW Part 1.2.1 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Sampling of OWS, IAW SOW Part 1.2.2 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Pumping of non-hazardous liquid, IAW SOW Part 1.3.1.1 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Remove sludge and clean, IAW SOW Part 1.3.1.2 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Transport/Recycle Hazardous Material, IAW SOW Part 1.3.2 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Waste Water and Sludge Removal, IAW SOW Part 1.3 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Inspections of Grease Traps, IAW SOW Part 1.7.1 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Pump and Service Grease Traps, IAW SOW Part 1.7.2 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

FFP

Pump and service used vegetable oil, IAW SOW Part 1.8.1 (Fourth Option Year; 01 Jul 2014 through 30 Jun 2015)

ESTIMATED

RECAPITULATION

RECAPITULATION

Base Year (Date of Award – 30 Jun 11)

First Option Year (01 Jul 11 – 30 Jun 12)

Second Option Year (01 Jul 12 – 30 Jun 13)

Third Option Year (01 Jul 13 – 30 Jun 14)

Fourth Option Year (01 Jul 14 – 30 Jun 15)

Grand Total

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2011

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2011

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2012

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2013

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30-JUN-2013

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2013

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2014

F2A3E2

30-JUN-2015

F2A3E2

30-JUN-2015

F2A3E2

30-JUN-2015

F2A3E2

30-JUN-2015

F2A3E2

30-JUN-2015

F2A3E2

30-JUN-2015

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30-JUN-2015

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30-JUN-2015

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30-JUN-2015

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

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

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

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

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

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

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

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(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).

(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 enter 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 Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

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).

(End of provision)

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

ADDENDUM TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts; Part I – Price Proposal, Part II – Past Performance Information.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested, and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

1. PART I – PRICE PROPOSAL - Submit original and one (1) copy

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. The solicitation constitutes the model contract.

(b) Insert proposed unit and extended prices in the Pricing Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a base year plus four (4) option years.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with the proposal.

2. PART II – PAST PERFORMANCE INFORMATION - Only references for same or similar type contracts are desired. Submit original and three (3) copies.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Past Performance Surveys: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources, such as other Federal government offices and commercial sources, to assess performance. Provide a list of no more than ten (10) of the most relevant contracts performed for Federal agencies and commercial customers within the last three years. Relevent contracts are those that contain work that includes maintenance of oil/water separator systems, grit chambers, or grease traps. Relevancy is further broken out as:

Very Relevant:

Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant:

Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant:

Present/past performance effort involved some of the magnitude of effort and complexities this solicitation requires.

Not Relevant:

Present/past performance effort did not involve any of the

The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first-time joint effort, each party to the arrangement must provide a list of past and present relevant contracts, and have Past and Present Performance Questionnaires completed and submitted to the 319th Contracting Squadron as stated in paragraph 3(c) below.

(c) Offerors must forward the attached Past and Present Performance Questionnaire (Attachment 3) to each of the points of contact identified for the contracts listed. In turn, the evaluating agencies shall submit the completed questionnaire directly to the 319th Contracting Squadron no later than the proposal closing date and time. No questionnaire submittals will be accepted from the offeror being evaluated. Once the questionnaires are completed by the evaluator, the information shall be considered sensitive and shall not be released to the offeror. Offerors are responsible for ensuring that the questionnaires are completed and sent directly to the 319th Contracting Squadron.

(d) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(e) Financial Data: Complete the attached Financial Institution Reference Sheet. Information (Attachment 4); information obtained from the institution(s) identified will be used to determine whether a contractor has adequate financial resources to perform the contract or the ability to obtain them.

(f) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

D. General Information

1. Information Regarding Submission of Proposal

(a) Offerors may not submit electronic proposals. Only handcarried or mailed proposals will be accepted. Proposals may be mailed to 319th Contracting Squadron/LGCA, 575 Tuskegee Airmen Blvd, Grand Forks AFB ND 58205-6436. Handcarried proposals must be delivered to a representative of the 319th Contracting Squadron, 575 Tuskegee Airmen Blvd, Grand Forks AFB ND, located in Building 418. The sealed envelope or package used to submit the proposal must show on the outside the time and date specified for receipt, the solicitation number, and the name and address of the offeror. This will make administrative personnel aware that they are in receipt of a proposal.

(b) Offerors are cautioned that Grand Forks AFB has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. Some delay should be anticipated when handcarrying proposals. Offerors should allow sufficient time to obtain a visitor pass and arrive at the 319th Contracting Squadron prior to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f), Late Submission, Modifications, Revisions, and Withdrawals of Offers.

2. Federal Holidays: The following Federal 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 Dec

CLAUSES INCORPORATED BY FULL TEXT

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

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

1. Past Performance

2. Price Past performance will be evaluated on a basis more important than 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.

(End of provision)

52.212-2 ADDENDUM

ADDENDUM TO FAR 52.212-2:

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

A. Initially offers shall be ranked according to price, including option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each.

B. Using questionnaires, the contracting officer shall seek relevant performance information on all offerors based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevancy is defined as:

Very Relevant:

Present/past performance effort involved essentially the same

Relevant:

Present/past performance effort involved much of the magnitude of

Somewhat Relevant:

Present/past performance effort involved some of the magnitude of

Not Relevant:

Present/past performance effort did not involve any of the

The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in Air Force Mandatory Procedure 5315.3, Table 3. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be considered as highly as past performance information for the principal offeror. 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 receive the rating “Unknown Confidence,” meaning the rating is treated neither favorably nor unfavorably.

C 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.

D. If the lowest priced evaluated offer is judged to have a “Substantial Confidence” performance assessment rating and 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.

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

F. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. 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.

H. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2009) ALTERNATE I (APR 2002)

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

(a) Definitions. As used in this provision:

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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 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.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable…