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Postal Service Center Federal contract opportunity
Solicitation number
FA4690-08-R-0007
Issued by
Department of the Air Force Air Combat Command

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Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months

Postal services

FFP

Postal services; (1 Oct 2008 - 30 Sep 2009) see attached PWS dated 30 July 2008. The contractor shall provide all management, vehicles, tools, supplies, and labor necessary to perform operation of the Postal Service Center at Ellsworth AFB, SD in accordance with standards established by the United States Postal Service, and the Department of Defense.

FOB: Destination

PURCHASE REQUEST NUMBER: F1V3D48087AC01

SIGNAL CODE: A

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Postal Service Center

FFP

Postal services; (1 Oct 2009-30 Sep 2010) The contractor shall provide all management, vehicles, tools, supplies, and labor necessary to perform operation of the Postal Service Center at Ellsworth AFB, SD in accordance with standards established by the United States Postal Service, and the Department of Defense.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Postal Service Center

FFP

Postal services; (1 Oct 2010-30 Sep 2011) The contractor shall provide all management, vehicles, tools, supplies, and labor necessary to perform operation of the Postal Service Center at Ellsworth AFB, SD in accordance with standards established by the United States Postal Service, and the Department of Defense.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Postal Service Center

FFP

Postal services; (1 Oct 2011-30 Sep 2012) The contractor shall provide all management, vehicles, tools, supplies, and labor necessary to perform operation of the Postal Service Center at Ellsworth AFB, SD in accordance with standards established by the United States Postal Service, and the Department of Defense.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Postal Service Center

FFP

Postal services; (1 Oct 2012-30 Sep 2013) The contractor shall provide all management, vehicles, tools, supplies, and labor necessary to perform operation of the Postal Service Center at Ellsworth AFB, SD in accordance with standards established by the United States Postal Service, and the Department of Defense.

NET AMT

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
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government
0005
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 01-OCT-2008 TO

30-SEP-2009

N/A
F1V3D4 - 28 CS/SCOI

MSGT JAMES A. KERST

1234 KENNEY ROAD

ELLSWORTH AFB SD 57706-4827

605-385-5831

F1V3D4

0002
POP 01-OCT-2009 TO

30-SEP-2010

N/A
(SAME AS PREVIOUS LOCATION)

F1V3D4

0003
POP 01-OCT-2010 TO

30-SEP-2011

N/A
(SAME AS PREVIOUS LOCATION)

F1V3D4

0004
POP 01-OCT-2011 TO

30-SEP-2012

N/A
(SAME AS PREVIOUS LOCATION)

F1V3D4

0005
POP 01-OCT-2012 TO

30-SEP-2013

N/A
(SAME AS PREVIOUS LOCATION)

F1V3D4

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUL 2004
52.203-3
Gratuities
APR 1984
52.204-9
Personal Identity Verification of Contractor Personnel
SEP 2007
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
SEP 2006
52.212-4
Contract Terms and Conditions--Commercial Items
FEB 2007
52.214-34
Submission Of Offers In The English Language
APR 1991
52.214-35
Submission Of Offers In U.S. Currency
APR 1991
52.217-5
Evaluation Of Options
JUL 1990
52.219-6
Notice Of Total Small Business Set-Aside
JUN 2003
52.219-27
Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside
MAY 2004
52.222-3
Convict Labor
JUN 2003
52.222-21
Prohibition Of Segregated Facilities
FEB 1999
52.222-25
Affirmative Action Compliance
APR 1984
52.222-26
Equal Opportunity
MAR 2007
52.222-36
Affirmative Action For Workers With Disabilities
JUN 1998
52.222-37
Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans
SEP 2006
52.222-41
Service Contract Act Of 1965
NOV 2007
52.222-43
Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option)
NOV 2006
52.222-52
Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification
NOV 2007
52.222-53
Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements
NOV 2007
52.223-5
Pollution Prevention and Right-to-Know Information
AUG 2003
52.224-1
Privacy Act Notification
APR 1984
52.224-2
Privacy Act
APR 1984
52.225-13
Restrictions on Certain Foreign Purchases
FEB 2006
52.227-1
Authorization and Consent
DEC 2007
52.232-11
Extras
APR 1984
52.232-25
Prompt Payment
OCT 2003
52.232-33
Payment by Electronic Funds Transfer--Central Contractor Registration
OCT 2003
52.232-36
Payment by Third Party
MAY 1999
52.233-1
Disputes
JUL 2002
52.233-3
Protest After Award
AUG 1996
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.237-3
Continuity Of Services
JAN 1991
52.242-13
Bankruptcy
JUL 1995
52.242-15
Stop-Work Order
AUG 1989
52.242-17
Government Delay Of Work
APR 1984
52.246-4
Inspection Of Services--Fixed Price
AUG 1996
52.249-4
Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.204-7000
Disclosure Of Information
DEC 1991
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
Central Contractor Registration (52.204-7) Alternate A
SEP 2007
252.212-7001 (Dev)
Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)
APR 2007
252.223-7006
Prohibition On Storage And Disposal Of Toxic And Hazardous Materials
APR 1993
252.223-7006 Alt I
Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 1993) - Alternate I
NOV 1995
252.225-7001
Buy American Act And Balance Of Payments Program
JUN 2005
252.225-7036
Buy American--Free Trade Agreement--Balance of Payments Program
MAR 2007
252.232-7003
Electronic Submission of Payment Requests
MAR 2007
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (NOV 2007) :

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(l) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(Addendum to 52.212-1)

ADDENDUM TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449)

(1) INSTRUCTIONS FOR PREPARATION OF PROPOSALS

Offerors are cautioned to submit sufficient information to enable the evaluator to fully ascertain the offeror’s capability to perform the requirements contemplated by the solicitation. The data submitted with each proposal shall be complete and concise but not elaborate.

Request for Proposal: The offer shall submit one complete set of the following:

Item Document

Instructions

A.

SF 1449

Complete Blocks 12, 17a, 30a,b, c.

Block 30a must be signed by an official authorized to contractually bind the offeror. By completing the SF 1449 in this manner, the offeror accedes to the contract terms and conditions as written in the RFP.

B.

The Schedule

Insert unit prices and extended amounts for each

Solicitation item in the spaces provided in the SF 1449. This can be done by entering the total amount for CLIN 0001 in the space provided in the SF 1449. Initial any erasures, whiteout, or other changes made by offeror.

C.

Representations & Complete all representations, certifications and

Certifications other statements of offeror as required (FAR 52.212-3 and DFARS 252-212-7000).

D.

Amendments

Any amendments to the solicitation should be acknowledged by returning a signed copy of the amendment, SF 30 with the proposal.

E.

Past Performance The offeror shall provide a list of all of their past performance data from the past (3) years for business exceeding $25,000.00 in annual sales from Federal, State, and Local Government as well as private industry. All of items (8) in the Past Performance Questionnaire (Attach 2) shall be addressed**.

** The Offeror shall provide Attachment #2, Past Performance Questionnaire, to those agencies/firms responsible for the solicitation and administration of those identified projects. The completed questionnaire should be e-mailed or faxed to the below listed address:

28 CCS/PKA

Attn: Bill Tully

1000 Ellsworth Street, Suite 1200

Ellsworth AFB, SD 57706-4904

Fax (605) 385-1741

Email: william.tully@ellsworth Regardless of method used for transmittal, the Questionnaire must be received not later than the receipt of proposals due date and time specified in the solicitation package.

Offerors are responsible to ensure their reference sources receive, complete, and return the questionnaires on time to the issuing office. Offerors should follow-up with their evaluators to ensure questionnaires are submitted.

The complete set of bid documents shall be sent to the following address and received no later than the due date

(5 September 2008 at 1200 MST):

28 CCS/PKA

Attn: Bill Tully

1000 Ellsworth Street, Suite 1200

Ellsworth AFB, SD 57706-4904

Fax (605) 385-1741

Email: william.tully@ellsworth.af.mil

(2) Formal communications. Formal communications such as request for clarification and/or information concerning this solicitation should be submitted in writing to the following address:

28 CCS/PKA

Attn: Bill Tully

1000 Ellsworth Street, Suite 1200

Ellsworth AFB, SD 57706-4904

Fax (605) 385-1741

Email: william.tully@ellsworth.af.mil (End of Addendum)

(End of provision)

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:

*** See Addendum***

(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 clause)

Addendum to 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) IAW FAR 12.301 (c)

EVALUATION PROCESS

1.0. Introduction: This is a competitive best value solicitation. The offeror’s past performance will be considered significantly more important than price.

2.0. General Basis for Award: The Government seeks to award to an offeror who gives the Air Force the best value. This competitive best value, performance price tradeoff will be conducted in accordance with Federal Acquisition Regulation (FAR 12, FAR 13.106 and FAR 15).

3.0. Evaluation: Each offeror's proposal will be evaluated against the following factors: past performance and price. The team will evaluate information received from the offeror, past performance questionnaires, performance of current or past contracts, and other credible or supportable information available to adequately measure the offeror’s ability to successfully perform the requirements of the resulting contract. The offeror’s past performance will be considered significantly more important than price.

4.0. Past Performance: The Government reserves the right to obtain and evaluate past performance information from any source it deems appropriate. 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.

4.1 The Government may seek any relevant performance information on the offeror based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources.

4.2 The evaluation shall take into account Past Performance information regarding predecessor companies, or subcontract work when the offeror's firm performed major or critical aspects of the requirement when such information is relevant to the acquisition. However, the proposal should clearly define who accomplished the work if performed by other than the prospective contractor and define the role (e.g., prime contractor, subcontractor, sub tier subcontractor, etc.) performed by the Offeror. The Government will consider the information provided from the Offeror and may consider any other source when evaluating the Offeror’s Past Performance. Offerors will have the opportunity to comment on any adverse Past Performance findings.

4.3 The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence. The performance confidence assessment verbiage is as follows:

Substantial Confidence
Based on the offeror's performance record, the government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the offeror's performance record, the government has an expectation that the offeror will successfully perform the required effort.
Limited Confidence
Based on the offeror's performance record, the government has a low expectation that the offeror will successfully perform the required effort.
No Confidence
Based on the offeror's performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.
Unknown Confidence
No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

4.3.1 An offeror with limited or no recent or relevant past performance will receive a rating of Unknown Confidence, and will not be rated favorably or unfavorably on past performance. Definitions of relevancy and recency are as follows:

Relevancy: Commercial or Government contracts which perform Postal Service Operations or contracts of similar or equivalent magnitude as identified in the Performance Work Statement (Attachment 3).

Recency: For a past performance evaluation to be considered recent, the contract should be performed or completed within the three years from the solicitation issue date: The offeror shall provide a list of the most recent and relevant past and present contracts in the area of Postal Service Center operations performed for government agencies and commercial customers within the three years from the solicitation issue date.

5.0 Price Evaluation: For the purpose of selecting the successful offeror, Past Performance is considered more important than Price. While Price will not be evaluated in terms of acceptable/unacceptable or assigned a confidence rating, as is the Past Performance criteria, it will be evaluated in terms of fairness and reasonableness. After the Past Performance Factor evaluation has been completed, Price will be evaluated to determine the combination most advantageous to the Government. Unrealistically low price proposals, as part of the initial proposal, may be grounds for eliminating a proposal from competition

5.1 This criterion evaluates the overall price to the Government and determines the proposed price is fair and reasonable.

5.2 Proposed prices will be evaluated to determine if prices are unreasonably high or low in relation to the Government’s independent price estimate and other offeror’s proposed prices received in response to the solicitation.

5.3 One or more of the following techniques may be used to perform price analysis:

5.3.1 Comparison of proposed prices received in response to the solicitation.

5.3.2 Comparison of prior prices paid by the government with current proposed prices for the same or similar end items.

5.3.3 Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

5.3.4 Comparison of proposed prices with independent Government cost estimates. Proposals unrealistically high or low in cost or price, when compared to the Government estimate may be deemed reflective of an inherent lack of understanding of risks of the solicitation requirement and may result in proposal rejection.

6.0 Competitive range: The Government also reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the contracting officer decides that an offeror’s proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award and written notice of the decision shall be provided to the unsuccessful offeror in accordance with FAR 15.503.

7.0 Discussions: To maximize the Government’s ability to obtain best value, based on the requirement and the evaluation factors set forth in this RFP, it may be necessary to conduct discussions. If discussions are necessary due to perceived weaknesses or other issues, which must be addressed before award, they will be conducted with only those offerors determined to be within the competitive range. Discussions may be conducted either orally or in writing. The scope and extent of discussions are a matter of contracting officer judgment. Offerors may be restricted to a short turnaround (less than 24 hours) in responding to the contracting officer.

8.0 Final Proposal Revisions: If discussions are conducted, final proposal revisions will be required in determining the award of the contract resulting from this RFP. However, the Government reserves the right to award a contract without discussions or opportunity for proposal revisions, in which case, final proposal revisions will not be required. Offerors are advised that unsupported final proposal revisions may be penalized in the overall proposal evaluation, and an otherwise acceptable proposal could be placed in jeopardy.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007)

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

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Taxpayer Identification Number (TIN).

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

___ TIN has been applied for.

___ TIN is not required because:

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

Offeror is an agency or instrumentality of a foreign government;

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

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

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

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

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

(5) Common parent.

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

___ Name and TIN of common parent:

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

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

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

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

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

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

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

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

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

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

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

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

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

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

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--Supplies.''

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

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

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

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

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

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

Line Item No.

[List as necessary]

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

Other Foreign End Products:

Line Item No.
Country of Origin
______________
_________________
______________
_________________
______________
_________________

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

Line Item No.
Country of Origin
______________
_________________
______________
_________________
______________
_________________

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

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

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

Other End Products:

Line Item No.
Country of Origin
______________
_________________
______________
_________________
______________
_________________

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act.

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