Request_for_Proposal__FA4855-17-T-0001.pdf

FA4855-17-T-0001

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) 2005-95, Defense Federal Acquisition Regulation Supplement Change Notice (DPN) 20161222, and Air Force Acquisition Circular (AFAC) 2017-0127.

This requirement is for the acquisition of non-personal services to provide Flightline Fire Extinguisher Maintenance

Services located on Cannon Air Force Base in New Mexico. The solicitation number for this acquisition is FA4855-

17-T-0001; the NAICS is 561990 (All Other Support Services), the small business threshold for this NAICS is $11.0

M. 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 2:00 PM

Mountain Time on Monday, 28 Aug 2017.

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

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.

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 inspection, repair, testing, maintenance, and recharging of wheeled 150 lb. Flightline Halon Fire Extinguishers at Cannon Air Force Base, New Mexico, in accordance with the Performance Work Statement (including the National Fire Protection Association (NFPA) Standard 10 and applicable federal, state, and local laws and regulations). Includes all applicable Federal, State, and local taxes.

The period of performance is 20 Sep 2017 – 19 Sep 2018 and four (4) one-year options.

BASE YEAR PERIOD OF PERFORMANCE: 20 SEP 2017 – 19 SEP 2018

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Annual Maintenance 115 EA

0002 Six Year Maintenance 5 EA

0003 Twelve Year Hydrostatic Testing 10 EA

0004 Unscheduled Maintenance 5 EA

BASE YEAR TOTAL AMOUNT

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

OPTION YEAR 1 PERIOD OF PERFORMANCE: 20 SEP 2018 – 19 SEP 2019

1001 Annual Maintenance 115 EA

1002 Six Year Maintenance 5 EA

1003 Twelve Year Hydrostatic Testing 10 EA

1004 Unscheduled Maintenance 5 EA

OPTION YEAR 1 TOTAL AMOUNT

OPTION YEAR 2 PERIOD OF PERFORMANCE: 20 SEP 2019 – 19 SEP 2020

2001 Annual Maintenance 115 EA

2002 Six Year Maintenance 5 EA

2003 Twelve Year Hydrostatic Testing 10 EA

2004 Unscheduled Maintenance 5 EA

OPTION YEAR 2 TOTAL AMOUNT

OPTION YEAR 3 PERIOD OF PERFORMANCE: 20 SEP 2020 – 19 SEP 2021

3001 Annual Maintenance 115 EA

3002 Six Year Maintenance 5 EA

3003 Twelve Year Hydrostatic Testing 10 EA

3004 Unscheduled Maintenance 5 EA

OPTION YEAR 3 TOTAL AMOUNT

OPTION YEAR 4 PERIOD OF PERFORMANCE: 20 SEP 2021 – 19 SEP 2022

4001 Annual Maintenance 115 EA

4002 Six Year Maintenance 5 EA

4003 Twelve Year Hydrostatic Testing 10 EA

4004 Unscheduled Maintenance 5 EA

OPTION YEAR 4 TOTAL AMOUNT

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 52.204-21 52.209-10

Commercial and Government Entity Code Maintenance Basic Safeguarding of Covered Contractor Information Systems Prohibition on Contracting With Inverted Domestic Corporations

JUL 2016

JUN 2016

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUN 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.

OCT 2015

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 52.243-1 Alt I Changes – Fixed Price – Alternate I APR 1984 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 OCT 2016 252.204-7015 Disclosure of Information to Litigation Support Contractors MAY 2016 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 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (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 three (3) separate parts; Part I - Price Proposal, Part II – Past Performance, and Part III - Technical Proposal (all 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. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

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 four (4) Option Years. Provide a price for CLIN 0001 - 0004 for the base period of performance and CLINs X001- X004 for all four (4) 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 – PAST PERFORMANCE – Limited to no more than 3 pages. Submit one (1) copy.

a. Offer must provide examples of the same or similar past performance (scope, magnitude, complexity) within the past three (3) years. Provide information highlighting your companies’ experience as required in the PWS for the Flightline Fire Extinguisher Maintenance Services. Provide any additional information which shows your organization has the required resources and expertise to be successful on this requirement within the page limitations.

b. Submit the following:

• Contract number (if assigned)

• Contract Title

• 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

Past Performance rating is either “acceptable” or “unacceptable”. Only those offers whose past performance is rated “acceptable” will be considered.

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

a. The offeror must demonstrate technical capability and Contractor Employee Qualification to perform halon fire extinguisher maintenance on commercial halon fire extinguisher systems by providing Proof of Certification for employees engaged in the inspection, maintenance, and testing of halon fire extinguishers in compliance with state and national fire code criteria and the Department of Transportation (DOT) requirements.

Proof of certification is a current “Certificate of Fitness; Portable Fire Extinguishers” issues by the New Mexico State Fire Marshal’s Office or “Fire Extinguisher License – Type B” issued by the Texas State Fire Marshal’s Office. Certifications from other states must meet the requirements of the State of New Mexico certifications and will be evaluated upon submission.

Technical rating is either “acceptable”, or “unacceptable”. Only those offers whose technical is rated “acceptable” will be considered.

4. 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) Typing shall not be less than 12 pitch

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

(e) 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:

- Ms. Dawn Armant at dawn.armant@us.af.mil,

- Ms. Robyn Knight at robyn.knight.1@us.af.mil

- Ms. Yolanda Romero at yolanda.romero.1 @us.af.mil and be received no later than the proposal receipt date established in the solicitation. Amendments, if issued, must be signed by an authorized company official and submitted.

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

NOTE: All questions related to this solicitation are due no later than 10:00 AM MST on 21 Aug 2017. Offerors shall e-mail Ms. Dawn Armant at dawn.armant@us.af.mil, Ms. Robyn Knight at robyn.knight.1@us.af.mil and Ms.

Yolanda Romero at yolanda.romero.1 @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)

mailto:dawn.armant@us.af.mil mailto:derek.slack@us.af.mil mailto:dawn.armant@us.af.mil mailto:derek.slack@us.af.mil

(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

a. This is a Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS). These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil.

By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The 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.

b. Number of Contracts to be Awarded. The Government intends to award one contract for the Flightline Fire Extinguisher Maintenance Services. However, the Government reserves the right to make no award at all.

c. Exchanges. 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 http://farsite.hill.af.mil/ 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: Past Performance Factor 3: Technical Capability

(i) 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.

(a) 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.

(ii) Past Performance Evaluation

(a) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation, and the Recency Rating will be assigned in accordance with Table A-1 – Past Performance Recency Ratings.

(b) Relevancy Assessment. The Government will evaluate all recent performance information to determine how closely the services performed under those contracts relate to this requirement. To be relevant, the Relevancy Rating will be assigned in accordance with Table A-2 – Past Performance Relevancy Ratings.

(c) After completing Recency and Relevancy Assessments the government will perform a quality assessment consisting of an evaluation of past performance information available, regardless of its source to assign a Past Performance Acceptable/Unacceptable Rating in accordance with Table A-3 – Past Performance Overall Acceptable/Unacceptable Rating.

(d) Any part of Past Performance evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, not awardable. Only those proposals determined to be acceptable will be considered for award.

(e) Sources of Past Performance Information for Evaluation: In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance proposal and information obtained from Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS) or other databases; interviews with Program Managers, Contracting Officers, and the Defense Contract Management Agency.

(f) A quality assessment consists of an evaluation of past performance information available, regardless of its source. The quality assessment may reveal positive or adverse past performance information. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comment received form sources without a formal rating system.

Multiple ratings of less than “Satisfactory in CPARS, PPIRS, or other databases will result in an

“Unacceptable” rating. Interviews that are conducted with Program Managers, Contracting Officers, and the Defense Contract Management Agency will result in an “Unacceptable” rating if the interviews are less than favorable towards the contractor. Offerors may be given an opportunity to respond to adverse past performance information for which they have not previously had an opportunity to address in accordance with

FAR 15-306.

TABLE A‐1 PAST PERFORMANCE RECENCY RATINGS

Rating Description Recent Based on the vendor’s performance record for the last three (3) years, the Government has a reasonable expectation that the vendor will successfully perform the required effort, or the vendor’s performance record is unknown.

Not Recent Based on the vendor’s performance record for the last three (3) years, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

TABLE A‐2 PAST PERFORMANCE RELEVANCY RATINGS

Relevant A relevant contract is a government or commercial contract in which the offeror performs services similar in type and complexity to those identified in the Performance Work Statement. To include the size and quantity of the fire extinguishers.

Specifically, the offeror shall have experience with ALL three (3) of the following types of services as described in the PWS:

‐‐ Annual Maintenance ‐‐ Six Year Complete Maintenance ‐‐ Twelve Year Hydrostatic Testing; and The offeror shall have experience with the following size and quantity of the fire extinguishers as described in the PWS:

‐‐ Approximately 75 Wheeled 150 lb. Flightline Halon Fire Extinguishers

Not Relevant A contract in which less than all three (3) types of the services listed above were performed and less than both of the one (1) size of the fire extinguishers and one (1) the quantity of units that were serviced.

TABLE A‐3 PAST PERFORMANCE ACCEPTABLE/UNACCEPTABLE RATINGS

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

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

*In the case of a vendor without a record of relevant past performance of for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance. Therefore, the vendor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

(iii) Technical Capability. 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 A-4 – Technical Acceptable/Unacceptable Ratings.

(a) 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 1 – Qualifications: This requirement is met when the offeror provides the Certifications for the employees who will be performing on this contract as required in RFP Attachment One PWS paragraph 1.2.3 and adhere to instructions provided in 52.212-1, Instructions to Offerors – Commercials Items (Addendum).

A. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of technical capability. Offerors may be asked to clarify certain aspects of their proposal. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

B. 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.

C. If at any point during the evaluation process, a proposal receives a unacceptable rating for past performance or technical capability, the proposal is then determined to be unacceptable and therefore with not be considered.

(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.

(a) Definitions. As used in this provision—

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to

TABLE A-4 TECHNICAL ACCEPTABLE/UNACCEPTABLE 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/ appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B in the DOL Guidance.

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

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(vi) The Family and Medical Leave Act; and

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

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

(i) The Occupational Safety and Health Act of 1970; and http://www.dol.gov/fairpayandsafeworkplaces

(ii) OSHA-approved State Plans;

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

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

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

(6) 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

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

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

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(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 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 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.