RFP_FA4855-15-R-0005-0002.pdf

FA4855-15-R-0005

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-83, Defense Federal Acquisition Regulation Supplement Change Notice (DPN) 20150626, and Air Force Acquisition Circular (AFAC) 2015-0406.

This requirement is for the acquisition of non-personal services to provide Hood and Duct Cleaning Services located on Cannon Air Force Base in New Mexico. The solicitation number for this acquisition is FA4855-15-R-0005; the

NAICS is 561790 (Other Services to Buildings and Dwellings), the small business threshold for this NAICS is

$7.5M. The proposed acquisition is 100% SET ASIDE for small business concerns. For a better understanding of this qualification, please visit the small business link at http://sba.gov.

This acquisition will be competed using a written Request for Proposal (RFP). All interested parties must provide a proposal package by the time specified below to the Government in order to be considered for award. Proposal packages shall include all data and information requested and shall be submitted in accordance with the instructions found in the attached "Instructions to Offeror" (FAR 52.212-1 and Addendum to 52.212-1) in the solicitation document. Non-conformance with the instructions may result in proposal considered non-responsive and ineligible for award.

The solicitation is a competitive RFP and award will be based on commercial procedures found in the Federal

Acquisition Regulation (FAR) Part 12. Award will be made using the evaluation procedures of FAR 52.212-2 and

Addendum to 52.212-2.

Please note that the Government DOES NOT intend to hold discussions; therefore, in order to be considered acceptable, the offeror must demonstrate a clear understanding of the required services as described in the attached

Performance Work Statement.

IMPORTANT NOTICE TO CONTRACTORS: All prospective awardees are required to register at the System for Award Management (SAM) and to maintain active registration during the life of the contract. SAM can be accessed at https://www.sam.gov.

All prospective offerors are responsible to visit the solicitation announcement on the FBO webpage, frequently to obtain the solicitation, any amendments and/or other information pertaining to this solicitation. No telephone or written requests for this solicitation package will be accepted. PAPER COPIES OF THIS SOLICITATION WILL

NOT BE AVAILABLE.

Proposals AND completed representations and certifications (if not available in SAM), are due by 3:30 PM

Mountain Time on Wednesday, 2 Sep 2015.

http://sba.gov/ https://www.sam.gov/

TABLE 1 – COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

(Offer to complete blocks below) Contractor/Offeror: Discount Terms:

Cage Code:

Telephone Number:

Signature of Contractor

Name and Title of Signer

Date Signed

NOTE: By signing above, offeror acknowledges receipt of amendments 0001 and 0002.

NEW MEXICO GROSS RECEIPTS TAX

The state of New Mexico assesses a Gross Receipts Tax for firms conducting business within the state. This tax is imposed on the basis of revenue derived from business operations within the state without regard to the location of the business entity. Offerors are advised that any offer received will be presumed to include this cost of business and any request for adjustment of your prices, as a mistake in bid, either before or after contract award, will not be considered. The rate of the New Mexico Gross Receipts Tax may be obtained from the New Mexico Taxation and Revenue Department (http://www.tax.newmexico.gov) at (505) 827-0700.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services for all CLINs will be inspected/accepted at destination by the Government.

PRICE SCHEDULE

General Description of Services for CLINs below.

Non-personal services: The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform hood and duct cleaning services at Cannon Air Force Base, New Mexico, in accordance with the Performance Work Statement (including the National Fire Protection Association (NFPA) Standard 96, manufacturer’s listed procedures, and applicable federal, state, and local laws and regulations). Includes all applicable Federal, State, and local taxes.

The period of performance is 1 Oct 2015 – 30 Sep 2016 and three (3) one-year options.

http://www.tax.newmexico.gov/

PRICE SCHEDULE

BASE YEAR PERIOD OF PERFORMANCE: 1 OCT 2015 – 30 SEP 2016

ITEM

NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Building 54, Youth Center, Grill & Stove 2 EA

0002 Building 58, Chapel, Stove & Oven 2 EA

0003 Building 74, Bowling Center, Fryer & Grill 10 EA

0004 Building 158, Fire Emergency Svs, Stoves & Ovens 2 EA

0005 Building 1208, Drop Zone, Oven, Stove, Grill Fryer 4 EA

0006 Building 1225, Dining Facility (DFAC), Hoods #1 & 2 4 EA

0007 Building 1225, DFAC, Hood #3 4 EA

0008 Building 1225, DFAC, Hood #4 4 EA

0009 Building 1225, DFAC, Hood #5 2 EA

0010 Building 1225, DFAC, Hoods #6 & 7 4 EA

0011 Building 1225, DFAC, Hood #8 4 EA

0012 Building 1230, Burger King, Fryer, Char Grill 12 EA

0013 Building 1820, Landing Zone, Char Grill, Fryer, Oven 4 EA

0014 Building 1820, Landing Zone, Grill & Fryer 4 EA

0015 Building 1820, Landing Zone, Oven & Stove 2 EA

0016 Building 1820, Landing Zone, Ovens

(3) 2 EA

0017 Building 2206, Golf Club, Grill, Char Grill, Fryer 4 EA

0018 Building 1435, Child Development Ctr (On-Base), Grill & Stove 2 EA

0019 Building 7019, Child Development Ctr (Chavez West), Grill & Stove 2 EA

0020 DELETED - - - -

0021 DELETED - - - -

BASE YEAR TOTAL AMOUNT

PRICE SCHEDULE (continued)

OPTION YEAR 1 PERIOD OF PERFORMANCE: 1 OCT 2016 – 30 SEP 2017

ITEM

NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Building 54, Youth Center, Grill & Stove 2 EA

1002 Building 58, Chapel, Stove & Oven 2 EA

1003 Building 74, Bowling Center, Fryer & Grill 10 EA

1004 Building 158, Fire Emergency Svs, Stoves & Ovens 2 EA

1005 Building 1208, Drop Zone, Oven, Stove, Grill Fryer 4 EA

1006 Building 1225, Dining Facility (DFAC), Hoods #1 & 2 4 EA

1007 Building 1225, DFAC, Hood #3 4 EA

1008 Building 1225, DFAC, Hood #4 4 EA

1009 Building 1225, DFAC, Hood #5 2 EA

1010 Building 1225, DFAC, Hoods #6 & 7 4 EA

1011 Building 1225, DFAC, Hood #8 4 EA

1012 Building 1230, Burger King, Fryer, Char Grill 12 EA

1013 Building 1820, Landing Zone, Char Grill, Fryer, Oven 4 EA

1014 Building 1820, Landing Zone, Grill & Fryer 4 EA

1015 Building 1820, Landing Zone, Oven & Stove 2 EA

1016 Building 1820, Landing Zone, Ovens

(3) 2 EA

1017 Building 2206, Golf Club, Grill, Char Grill, Fryer 4 EA

1018 Building 1435, Child Development Ctr (On-Base), Grill & Stove 2 EA

1019 Building 7019, Child Development Ctr (Chavez West), Grill & Stove 2 EA

1020 DELETED - - - -

1021 DELETED - - - -

OPTION YEAR 1 TOTAL AMOUNT

OPTION YEAR 2 PERIOD OF PERFORMANCE: 1 OCT 2017 – 30 SEP 2018

ITEM

NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Building 54, Youth Center, Grill & Stove 2 EA

2002 Building 58, Chapel, Stove & Oven 2 EA

2003 Building 74, Bowling Center, Fryer & Grill 10 EA

2004 Building 158, Fire Emergency Svs, Stoves & Ovens 2 EA

2005 Building 1208, Drop Zone, Oven, Stove, Grill Fryer 4 EA

2006 Building 1225, Dining Facility (DFAC), Hoods #1 & 2 4 EA

2007 Building 1225, DFAC, Hood #3 4 EA

2008 Building 1225, DFAC, Hood #4 4 EA

2009 Building 1225, DFAC, Hood #5 2 EA

2010 Building 1225, DFAC, Hoods #6 & 7 4 EA

2011 Building 1225, DFAC, Hood #8 4 EA

2012 Building 1230, Burger King, Fryer, Char Grill 12 EA

2013 Building 1820, Landing Zone, Char Grill, Fryer, Oven 4 EA

2014 Building 1820, Landing Zone, Grill & Fryer 4 EA

2015 Building 1820, Landing Zone, Oven & Stove 2 EA

2016 Building 1820, Landing Zone, Ovens

(3) 2 EA

2017 Building 2206, Golf Club, Grill, Char Grill, Fryer 4 EA

2018 Building 1435, Child Development Ctr (On-Base), Grill & Stove 2 EA

2019 Building 7019, Child Development Ctr (Chavez West), Grill & Stove 2 EA

2020 DELETED - - - -

2021 DELETED - - - -

OPTION YEAR 2 TOTAL AMOUNT

OPTION YEAR 3 PERIOD OF PERFORMANCE: 1 OCT 2018 – 30 SEP 2019

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Building 54, Youth Center, Grill & Stove 2 EA

3002 Building 58, Chapel, Stove & Oven 2 EA

3003 Building 74, Bowling Center, Fryer & Grill 10 EA

3004 Building 158, Fire Emergency Svs, Stoves & Ovens 2 EA

3005 Building 1208, Drop Zone, Oven, Stove, Grill Fryer 4 EA

3006 Building 1225, Dining Facility (DFAC), Hoods #1 & 2 4 EA

3007 Building 1225, DFAC, Hood #3 4 EA

3008 Building 1225, DFAC, Hood #4 4 EA

3009 Building 1225, DFAC, Hood #5 2 EA

3010 Building 1225, DFAC, Hoods #6 & 7 4 EA

3011 Building 1225, DFAC, Hood #8 4 EA

3012 Building 1230, Burger King, Fryer, Char Grill 12 EA

3013 Building 1820, Landing Zone, Char Grill, Fryer, Oven 4 EA

3014 Building 1820, Landing Zone, Grill & Fryer 4 EA

3015 Building 1820, Landing Zone, Oven & Stove 2 EA

3016 Building 1820, Landing Zone, Ovens

(3) 2 EA

3017 Building 2206, Golf Club, Grill, Char Grill, Fryer 4 EA

3018 Building 1435, Child Development Ctr (On-Base), Grill & Stove 2 EA

3019 Building 7019, Child Development Ctr (Chavez West), Grill & Stove 2 EA

3020 DELETED - - - -

3021 DELETED - - - -

OPTION YEAR 3 TOTAL AMOUNT

CLAUSES INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.217-5 Evaluation Of Options JUL 1990 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Addendum)

Paragraph (c) is tailored as follows: “The Offeror agrees to hold the prices in its offer for 90 calendar days from the date specified for receipt of offers.”

PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The response shall consist of two (2) separate parts; Part I - Price Proposal and Part II - Technical Proposal (in separate files).

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

C. Specific Instructions:

1. PART I – PRICE PROPOSAL – Submit one (1) signed copy.

a. Complete TABLE 1– COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS in the solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION with attachments.

b. Insert proposed unit and extended prices in the Price Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a base period plus three (3) Option Years. Provide a price for CLIN 0001 - 0019 for the base period of performance and CLINs X001- X019 for all three (3) option years.

c. Complete the necessary fill-ins and certifications in provisions incorporated into the solicitation by full text and return along with the proposal.

2. PART II – TECHNICAL CAPABILITY – Limited to no more than 10 pages. Submit one (1) copy.

The offeror must demonstrate technical capability/experience performing hood and duct cleaning on commercial kitchen exhaust systems with a minimum of three years’ experience (Ref. PWS Paragraph 1 and 4.10).

Offeror must submit at least one contract/service agreement that shows this capability by providing the information below. Additional projects may be submitted subject to the overall page limitations listed above. Offerors may submit resumes (containing the information below) to augment company information provided that the resume is for personnel employed for no less than one-year with their company.

• Contract number (if assigned)

• Place of performance

• Period of performance (dates of service)

• Frequency of Service (i.e. monthly, quarterly, etc.)

• Description of services provided

• Contract/customer POC: name, phone number and e-mail

NOTE: Government/non-government contracts/projects within the previous six (6) years are accepted that show offeror served as either the primary contractor/employee or subcontractor responsible for work performance on a recurring basis (performed service no less than quarterly).

D. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

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

(a) The proposals will be 8 1/2” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

(b) A page is defined as one face of a sheet of paper containing information.

(c) Elaborate formats, bindings or color presentations are not desired or required.

(d) The Offeror shall submit all proposal information in electronic Portable Document Format

(PDF).

NOTE: The cover letter, title page, table of contents, table of figures, list of tables and glossary of abbreviations & acronyms do not count against page count limitations. Proposal contents that exceed the stated page limitations will be removed from the proposal by the Contracting Officer, prior to turning the proposal over to the Government evaluation teams, and will not be considered in the evaluation.

GENERAL INFORMATION

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Proposals must be signed by an authorized company official and emailed to Mr. Chad Burlando at chad.burlando.1@us.af.mil, Ms. Sarah Snipes at sarah.snipes@us.af.mil and A1C Derek Slack at derek.slack@us.af.mil and be received no later than the proposal receipt date established in the solicitation. Amendments, if issued, must be acknowledged by an authorized company official.

NOTE: Proposals shall be submitted by email only. Facsimile submittals will not be accepted.

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

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

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December mailto:chad.burlando.1@us.af.mil mailto:derek.slack@us.af.mil

NOTE: A site visit will be conducted on 6 Aug 2015 at 12:30 PM Mountain Time. The meeting location for the site visit will be the visitor center at Cannon AFB, NM. This is the only site visit for this solicitation. Offerors shall e-mail Mr. Chad Burlando at chad.burlando.1@us.af.mil, Ms. Sarah Snipes at sarah.snipes@us.af.mil and A1C Derek Slack at derek.slack@us.af.mil no later than 2:30PM MST on 4 Aug 2015 to provide the following information to attend the site visit:

• Company name

• Number of people attending (no more than 2 per company)

• Each person’s name/phone number

• Questions for the site visit (if any)

All questions related to this solicitation are due no later than 07:30 AM MST on 11 Aug 2015. Offerors shall e-mail Mr. Chad Burlando at chad.burlando.1@us.af.mil, Ms. Sarah Snipes at sarah.snipes@us.af.mil, and A1C Derek Slack at derek.slack@us.af.mil with all questions related to this solicitation. Responses to the questions sent in will be answered and published to FBO.

(End of Addendum)

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

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

(i) Price

(ii) Technical Capability

Selection will be based on Lowest Price Technically Acceptable (LPTA) process. The application of the LPTA process for contract award selection and approval is described below.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-2 EVALUATION – COMMERCIAL ITEMS (ADDENDUM)

1. BASIS OF CONTRACT AWARD

mailto:chad.burlando.1@us.af.mil mailto:derek.slack@us.af.mil mailto:chad.burlando.1@us.af.mil mailto:derek.slack@us.af.mil

a. This is a Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15, Contracting by Negotiation, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), the Air Force Federal Acquisition Regulation Supplement (AFFARS), DoD Source Selection Procedures, Appendix A, 04 Mar 11 and Air Force Mandatory Procedures 5315.3. These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil. The Government will select the proposal with the lowest evaluated price from among those meeting the acceptability standards for non-price factors. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR Part 9.1, as supplemented, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Addendum to FAR 52.212-1 of this solicitation) and is judged, based on the evaluation factors and subfactors, to represent the lowest price technically acceptable proposal. While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process.

b. Number of Contracts to be Awarded. The Government intends to award one contract for the Hood and Duct Cleaning Services. However, the Government reserves the right to make no award at all.

c. Discussions. If, during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs) and the Final Proposal Revision (FPR) will be considered in making the source selection decision. If the offeror’s proposal has been evaluated as acceptable at the time discussions are closed, any changes or exceptions in the Final Proposal Revision are subject to evaluation and may introduce risk that the offeror’s proposal be determined unacceptable and ineligible for award.

d. Solicitation Requirements, Terms and Conditions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or subfactors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

2. EVALUATION PROCESS

a. Evaluation Factors. The following evaluation factors will be used to evaluate each proposal. The Government will evaluate proposals for acceptability, but will not rank the proposals by the non-price factors.

Factor 1: Price

Factor 2: Technical Capability

b. Price Evaluation. The Government will rank all offerors (whose proposal conforms to the solicitation’s requirements) from lowest price to highest price. An offeror’s proposed prices will be determined by multiplying quantities identified in the Price Schedule by the unit price for each item to confirm the extended amount for each. The Government will evaluate offers for award purposes by adding the total price for all options.

(1) As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the offeror's final option period prices to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period and all option periods. Offerors are required only to price the base and option CLINs.

Offerors shall not submit a price for the potential one-half extension of services period.

c. Technical Capability. Next, the Government’s technical evaluation team shall evaluate the lowest priced offeror’s technical proposal on an acceptable or unacceptable basis, assigning one of the ratings described in Table 1 – Technical Ratings, for each factor.

(1) Any factor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, not awardable. Only those proposals determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

The proposal shall be evaluated against the following technical factor:

Factor 2 - Technical Capability.

Measure of Merit: This requirement is met when the offeror provides all required information showing technical capability/experience performing hood and duct cleaning on commercial kitchen exhaust systems with a minimum of three years’ experience (Ref. PWS Paragraph 1 and 4.10) and adheres to the instructions provided in 52.212-1, Instructions to Offerors – Commercial Items (Addendum).

d. If the lowest priced evaluated offer has been determined technically acceptable, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers. If the lowest priced offeror is not judged to have an acceptable rating, the next lowest priced offeror will be evaluated and the process will continue (in order by lowest price) until an offeror is judged to have an acceptable rating or until all offerors are evaluated.

The Source Selection Authority shall then make an integrated assessment best value award decision.

(End of Addendum)

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

ALTERNATE I (OCT 2014)

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

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

http://www.acquisition.gov/

(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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – 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 for other than COTS items, 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- 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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “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--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

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—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. 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--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(5) 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)(5)(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:

[List as necessary]

(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 statute.