FA4800-16-T-0003_Conformed.docx

FA4800-16-T-0003

Section SF 1449 - CONTINUATION SHEET

Manual Hoists

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Manual Hoists in accordance with the Performance Work Statement 1.1.

FOB: Destination

SIGNAL CODE: A

NET AMT

Overhead Cranes

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Overhead Cranes in accordance with the Performance Work Statement 1.1.

NET AMT

Repair of Cranes and Hoists

DO NOT SUBMIT PRICING FOR THIS CLIN. This CLIN will be a Not-to-Exceed with a ceiling of $65,454.68. The authorized pass-through charges on this CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform repair and emergency repairs will be assigned in accordance with the Performance Work Statement 1.1.4. Contractor shall commence repair work after approval by the COR of any work under $3,500. All work over $3,500 which include repair parts, and special rental equipment shall be approved only by the Contracting Officer (CO).

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Manual Hoists in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Overhead Cranes in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

DO NOT SUBMIT PRICING FOR THIS CLIN. This CLIN will be a Not-to-Exceed with a ceiling of $65,454.68. The authorized pass-through charges on this CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform repair and emergency repairs will be assigned in accordance with the Performance Work Statement 1.1.4. Contractor shall commence repair work after approval by the COR of any work under $3,500. All work over $3,500 which include repair parts, and special rental equipment shall be approved only by the Contracting Officer (CO).

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Manual Hoists in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Overhead Cranes in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

DO NOT SUBMIT PRICING FOR THIS CLIN. This CLIN will be a Not-to-Exceed with a ceiling of $65,454.68. The authorized pass-through charges on this CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform repair and emergency repairs will be assigned in accordance with the Performance Work Statement 1.1.4. Contractor shall commence repair work after approval by the COR of any work under $3,500. All work over $3,500 which include repair parts, and special rental equipment shall be approved only by the Contracting Officer (CO).

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Manual Hoists in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Overhead Cranes in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

DO NOT SUBMIT PRICING FOR THIS CLIN. This CLIN will be a Not-to-Exceed with a ceiling of $65,454.68. The authorized pass-through charges on this CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform repair and emergency repairs will be assigned in accordance with the Performance Work Statement 1.1.4. Contractor shall commence repair work after approval by the COR of any work under $3,500. All work over $3,500 which include repair parts, and special rental equipment shall be approved only by the Contracting Officer (CO).

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Manual Hoists in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform inspections and preventative maintenance of Overhead Cranes in accordance with the Performance Work Statement 1.1.

NET AMT

FFP

DO NOT SUBMIT PRICING FOR THIS CLIN. This CLIN will be a Not-to-Exceed with a ceiling of $65,454.68. The authorized pass-through charges on this CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.

Provide all supervision, personnel, equipment, transportation, materials, and other services necessary to perform repair and emergency repairs will be assigned in accordance with the Performance Work Statement 1.1.4. Contractor shall commence repair work after approval by the COR of any work under $3,500. All work over $3,500 which include repair parts, and special rental equipment shall be approved only by the Contracting Officer (CO).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2017

NANCY GUY

1407 WASHINGTON BLVD, ROOM 112

FT. EUSTIS VA 23604

(757) 878-4171

F2Q305

31-MAR-2017

F2Q305

31-MAR-2017

F2Q305

31-MAR-2018

F2Q305

31-MAR-2018

F2Q305

31-MAR-2018

F2Q305

31-MAR-2019

F2Q305

31-MAR-2019

F2Q305

31-MAR-2019

F2Q305

31-MAR-2020

F2Q305

31-MAR-2020

F2Q305

31-MAR-2020

F2Q305

31-MAR-2021

F2Q305

31-MAR-2021

F2Q305

31-MAR-2021

F2Q305

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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(b) 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 60 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 (https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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 $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) 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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same 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://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. 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 SAM 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 SAM 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 SAM database accessed through https://www.acquisition.gov.

(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.

(End of provision)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

Period for Acceptance of Quotes: Paragraph (c) of this provision is hereby changed to read 60 calendar days.

Notice to quoters: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a quoter for any costs.

1. GENERAL INSTRUCTIONS

A. The purpose of these instructions is to prescribe the format of Request for Quote (RFQ) and describe the approach for the development and presentation of the request for quote data. This is designed to ensure the essential information required for evaluation is submitted.

B. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition so offerors are cautioned to submit their best pricing and technical information up-front. Upon examination of the initial quotes, 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, offeror may be required to submit information, other than certified cost or pricing data, to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

C. To assure the timely and equitable evaluation of request for quotes, offerors shall follow the instructions contained herein. Quoters are required to meet and address all of the requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an quote being deemed ineligible for award. Quoters must clearly identify any exception to the terms and conditions and provide complete accompanying rationale. The RFQ when submitted, shall be comprehensive, complete, self-sufficient, and respond directly to the requirements of the RFQ. Elaborate artwork, expensive paper/binding and expensive visual aids are neither necessary nor desired.

The RFP responses shall consist of:

(1) Price Volume

(2) Technical Volume All pages of each part shall be numbered. The volumes will be 12 pitch and on 8 ½” x 11” paper except for fold-outs used for charts, tables or diagrams, which may not exceed 11” x 17”. Each volume shall contain a cover sheet, clearly marked with the RFQ number, title, and the offeror’s name. The Technical quote volume shall not contain any price data or reference to price. Include a statement in the quote that it contains proprietary information for your company and cannot be released outside the Government if necessary.

Quoter shall acknowledge awareness of all amendments to the solicitation by signing and dating Page 1 of each Standard Form 30, Amendment of Solicitation/Modification of Contract. Failure to comply with these instructions may result in the offeror’s offer being summarily rejected due to nonresponsiveness. Any commitments made in the quote shall become part of the resultant contract.

Quoter shall clearly annotate the profit, overhead, or G&A rates used in their quote. This will be the rate used when determining the passthrough charges allowed on CLIN x003.

D. Complete in its entirety the "offeror" portion of the Standard Form 1449. An official having authority to legally bind the company contractually must sign and date the Standard Form 1449. One copy of the Standard Form 1449 must bear an original signature and if applicable, all amendments. Failure to acknowledge any amendments to the solicitation can result in an offeror being deemed nonresponsive. Award CANNOT be made to a nonresponsive offeror. Note: Be sure to sign and date where required.

E. Representations and Certifications. Complete the required Representations and Certifications or indicate if information is contained in the System for Award Management (SAM) located at https://www.sam.gov.

F. Late RFQs will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of quotes.”

2. FORMAL COMMUNICATIONS

2.1. Any formal communication shall be submitted in writing (via email) to the POCs below. It is the quoter’s responsibility to confirm receipt of all formal communications.

633 CONS/LGCC

Ms. Lois Nicholson and Ms. Tracy Trice Email: lois.nicholson.ctr@us.af.mil and/or tracy.trice.1@us.af.mil Reference: Solicitation FA4800-16-T-0003

3. SUBMISSION OF QUOTES

3.1. The original quote as specified in this document shall be sent to the issuing office via email to either POC listed above; on or before the date and time specified in Block 8 of SF 1449. If the quote is received late, the Government will retain the unopened quote. However, the quote will not be evaluated or considered for award.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

This competitive best value requirement will be awarded to the lowest price quoter acceptable in technical and past performance in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13.

One award will be made to the quoter who is deemed responsible in accordance with FAR Part 9, whose quote conforms to the solicitation requirements, is the lowest evaluated price with an “Acceptable” rating in all technical factors and the past performance factor respectively. Quotes that exceed the evaluation criteria will not receive higher ratings. If a quoter fails to meet all solicitation requirements, the Government may not make an award to that quoter.

The quoter’s initial quote should contain the quoter’s best terms from a price and technical standpoint.

(2) The following factors shall be used to evaluate quotes. Technical and past performance are equal in importance to price.

Factor 1. Price

Factor 2. Technical

Factor 3. Past Performance

(i) Factor 1 – Price:

Price will be evaluated using the price analysis process established in FAR 15.404-1 to ensure the Government receives a fair, reasonable and balanced price. If the Government cannot determine the proposed pricing to be fair and reasonable, then “Other Than Certified Cost and Pricing Data” will be obtained from the quoter. The Government will evaluate quotes for award purposes by adding the total price for all Contract Line Item Numbers (CLINS) including basic period, option years and fifty percent (50%) of the last option year price in order to cover the option to extend services IAW clause 52.217-8.

Quoters are cautioned to present their best quote up-front. The quoter’s quote shall represent the quoter’s best effort to respond to the solicitation.

Realism: The Government reserves the right to conduct a price realism analysis on quotes that appear to be exceptionally low and not supported by the quoter's technical approach. In instances where an quoter receives acceptable technical and past performance ratings, yet proposed prices appear exceptionally low, quotes may be requested to address this disparity, providing evidence of their capability and/or experience providing similar service(s) at similar price(s). An exceptionally or unrealistically low offer may pose an unacceptable risk to the Government and may be a reason to reject a quoter's quote.

Option to Extend Services. Both the solicitation and resultant contract shall contain FAR Clause 52.217-8, Option to Extend Services. This clause allows for up to an additional six month continued contract performance if required. Interested quoter shall not include pricing in their quote for this clause as fifty percent (50%) of the last option period shall be used for the pricing.

NOTE: Evaluation of the option periods shall not obligate the Government to exercise such options.

In addition to the price analysis as described at FAR 15.404-1(b), price quotes will be analyzed to identify any potential unbalanced pricing (See FAR 15.404-1(g)). If the Government sees a wide variation in proposed contract line item prices, the technical evaluation board will be informed as soon as possible during the initial evaluation of quotes so the appropriate personnel may seek clarity through quoter exchanges. Absent any issues related to the stated requirement, unbalanced pricing may pose an unacceptable risk to the Government and may be a reason to reject a quoter’s quote.

(ii) Factor 2 – Technical:

The technical rating reflects the degree to which the quoters quote meets or does not meet the minimum performance or capability requirements. The focus is on the ability of the quoters quote to meet the minimum requirements of the PWS. Technical quotes will be assessed a rating of "Acceptable" or "Unacceptable". To be eligible for award, quoters are required to receive an “Acceptable” technical rating.

The quoter shall show and be able to define their company’s capability to inspect, troubleshoot, identify, repair or replace equipment and systems to operational capability. Simply restating the statement of work will not qualify as an adequate technical response. Technical evaluations will include an assessment of each quoter’s ability to accomplish the technical requirements.

Technical Acceptable/Unacceptable Ratings

(iii) Factor 3 - Past Performance.

Past Performance will be rated on an “Acceptable” or “Unacceptable” basis at the overall factor level using the ratings shown below.

Past Performance Evaluation Ratings

Acceptable

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

Unacceptable

Based on the quoter’s performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

There are three aspects to the past performance evaluation. The first is to determine whether the quoter’s performance information is recent and second, is the performance information relevant to the effort to be acquired (this acquisition). The third aspect is to determine how well the quoter performed on those contracts and the quality of product or service provided.

The past performance information to be evaluated on each quoter will be information retrieved from CPARS and PPIRS as well as information available through other Government sources (i.e. key Government officials) regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement.

In the case of a quoter 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 reasonable assigned, the quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the quoter shall be determined to have “Unknown” past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable”.

The Government will conduct an in-depth review and evaluation of all available performance data to determine how closely the work performed under those efforts relates to the proposed effort. The evaluation will consider the recency, relevancy, and quality of each performance reference as it relates to this acquisition when assigning the past performance rating. The main purpose of the past performance evaluation is to appropriately consider each quoter’s demonstrated record of contract compliance by supplying products and services that meet users’ needs, including business relations, management, schedule and performance quality constraints.

Recency. Recency will be assigned a rating of “Recent” or “Not Recent” for each relevant CPARS or PPIRS report. Performance occurring within the last three years from the date of issuance of this solicitation will be considered “recent”. Reports on contracts with less than six months of performance will not be considered.

Relevancy. In evaluating relevancy, the Government will assign a rating of “Relevant” or “Not Relevant”. Relevant performance for this acquisition is to have provided similar dining facility attendant services for a federal or DoD agency.

Performance Quality. The Government will evaluate the quality of work performed for each past performance information (PPI) contract reference reviewed. The Government will evaluate the quoter’s demonstrated record of contract compliance in supplying products and services that meet user’s needs, including quality, cost and schedule. Performance assessed as “Satisfactory”, “Very Good”, or “Exceptional” in CPARs shall be considered compliant with contract requirements. Any performance area assessed as “Marginal” or “Unsatisfactory” shall be rated as Unacceptable.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote 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 quoter by the Government 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.

EVALUATION PROCESS

The competitive range may be limited for purposes of efficiency IAW FAR Part 15.306(c). For purposes of efficiency, the Government will evaluate a minimum of the three (3) lowest priced quotes for technical and past performance acceptability. If the three lowest priced technically acceptable quotes are evaluated with an Acceptable rating in past performance, and are determined to be responsible in accordance with FAR 9.104, the evaluation process will stop at this point. If one of the three (3) lowest priced quotes is determined to be Unacceptable in technical or past performance or is determined to be nonresponsible in accordance with FAR 9.104, the next lowest priced quote will be evaluated for technical and past performance acceptability and the process will continue (in order of price ranking) until three quotes are evaluated as having Acceptable technical and past performance and are determined responsible.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the 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 paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(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 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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions…