RFP.pdf

18 CONS/LGCA

POC: PAUL THOMAS

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368

634-5274

634-1761

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5270-13-R-0015 31-May-2013

b. TELEPHONE NUMBER

634-5274

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 01 Jul 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5270

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F2H3A2 16. ADMINISTERED BY

18/CES

MSGT HANSEN STEPHEN

UNIT 5132 BLDG 1460

KADENA AIR BASE 904-0000

TEL: 315-634-7249 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

THOMAS, PAUL W

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Notice to Offerors:

Pages 3 through 43 are intentionally omitted from the solicitation (SF 1449). Offerors shall submit price proposals using the MS Excel spreadsheet, which is available from the Contract Specialist (see paragraph 3(a) of provision 52.212‐1 for contact information).

Note: The Government will complete Pages 3 through 43 at the time of award with the pricing information obtained from the successful offeror(s) spreadsheet(s).

FA5270-13-R-0015

3009 Destination Government Destination Government 3010 Destination Government Destination Government 3011 Destination Government Destination Government 3012 Destination Government Destination Government 3013 Destination Government Destination Government 3014 Destination Government Destination Government 3015 Destination Government Destination Government 3016 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government 4009 Destination Government Destination Government 4010 Destination Government Destination Government 4011 Destination Government Destination Government 4012 Destination Government Destination Government 4013 Destination Government Destination Government 4014 Destination Government Destination Government 4015 Destination Government Destination Government 4016 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2013 TO

30-SEP-2014

N/A 18/CES

MSGT HANSEN STEPHEN

UNIT 5132 BLDG 1460

KADENA AIR BASE 904-0000

315-634-7249 FOB: Destination

F2H3A2

0002 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 01-OCT-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2014 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1012 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1014 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1015 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1016 POP 01-OCT-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2012 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2014 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2015 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2016 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3011 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3012 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3013 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3014 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3015 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3016 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4010 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4011 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4012 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4013 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4014 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4015 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4016 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-18 Availability Of Funds APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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

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

Technical Past Performance Price

(b) 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)

ADDENDUM TO FAR 52.212-2, EVALUATION - - COMMERCIAL ITEMS (JAN 1999)

This is a competitive Lowest Price Technically Acceptable (LPTA) source selection in accordance with the Federal Acquisition Regulation (FAR) Part 12 and Part 15. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors (and its addendum), the offeror accedes to the terms of this model contract. All technically acceptable offers will be treated equally except for past performance record and price. Failure to meet a requirement may result in an offer being determined “Unacceptable.” The evaluation process will proceed as follows:

A. Technical Acceptability. Initially, the Government technical evaluation team will evaluate the technical proposals by assigning an Acceptable or Unacceptable rating (see Table 1 below). The proposals will be evaluated against the following subfactor:

Subfactor 1, Licenses:

Copies of license to operate in Okinawa, Japan as required by the local government. License must be current on the date of receipt of proposal(s), and maintained throughout the life of the contract.

Table 1, Technical Acceptability Ratings

Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Technical Evaluation Table

Offeror Name Acceptable Unacceptable Vendor 1

Vendor 2

Vendor 3

Note: The technical proposal must “Pass” the subfactor to be determined “Acceptable.” There will be no point scores assigned, only “Pass” or “Fail.” Even if a proposal fails a subfactor, the evaluators will continue to assess the remaining portions of the proposal; the entire proposal must be evaluated. In order to be considered awardable, there must be a “Pass” rating in every subfactor. Only those proposals determined to be technically “Acceptable,” either initially or as a result of discussions, will be considered for award.

B. Past Performance. Next, using questionnaires, the Government will seek recent and relevant performance information on all technically acceptable offerors based on the references provided by the offeror and data independently obtained from other Government or commercial sources.

(i) Recent performance information includes relevant contracts performed for the Department of Defense, or Government of Japan, or US Government agencies, or commercial customers within the last three (3) years from the issuance date of the solicitation.

(ii) Relevant performance includes performance of efforts involving grounds maintenance that is similar or greater in scope, magnitude, and complexity than the effort for each area (A, B, and C) described in this solicitation. The Government will use the ratings in Table 2 below when evaluating past performance:

Table 2. Past Performance Relevancy Ratings

Rating Definition Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

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

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(iii) Performance Quality Assessment: The Government will consider the quality of recent and relevant efforts.

For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed and assigned ratings based on the Quality Assessment Criteria evaluated by the Present/Past Performance Questionnaire (Solicitation Attachment 5).

The Past Performance Evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. Offerors must receive a past performance rating of “Acceptable” to be eligible for award. For offerors in a Joint Venture or teaming arrangement, if at least one partner receives an “Acceptable” rating, the past performance of the Joint Venture or teaming arrangement will receive an "Acceptable" past performance rating.

The Past Performance factor will receive one of the ratings in Table 3 below:

Table 3, Past Performance Evaluation Ratings

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

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

Note: In the case of an offeror without record of relevant past performance or for whom information on past performance is not available or so sparse that meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).

Therefore, the offeror shall be determined to have an unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered as “Acceptable.”

The results of the evaluation will be entered into the Past Performance Evaluation Table below.

Note: The Contractor's past performance rating will be assessed for each Split Area. Any offeror with an Unacceptable rating for a single area (A, B, or C) will not be eligible for a combination award relative to the Split area where the unacceptable rating was received.

C. Price Evaluation. Lastly, the Government will rank all proposals rated acceptable in technical and past performance by price per split area, to include all option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Price Schedule (MS Excel Spreadsheet) by the proposed unit price for proposed quantity for each Contract Line Item Number to confirm the extended amount for each item.

In order to meet the requirements of FAR Part 6 and FAR Part 17, the price equivalent to the six (6) months extension of services authorized by FAR 52.217-8 will be evaluated separately, and will be factored as part of the total evaluated price for award. The Government will calculate prices for a quantity equivalent to 6 months by prorating prices offered for CLIN 0001 and all applicable CLINs including Options under FAR 52.217-9 and evaluate such prices for reasonableness and completeness. The Government reserves the right to perform price realism analysis.

PAST PERFORMANCE EVALUATION TABLE

Offeror Split Area Proposal Rating

Acceptable (A) or Unacceptable (U)

Name A B C A+B A+C B+C A+B+C

Vendor 1

(i) The Government anticipates the following possible award scenarios from price proposal(s) combinations that meet all other evaluation factors:

1. One contract for all Split Areas A + B + C

2. Two contracts; one for Split Area A, and one for Split Areas B + C

3. Two contracts; one for Split Area B, and one for Split Areas A + C

4. Two contracts; one for Split Area C, and one for Split Areas A + B

5. Three contracts; one for Split Area A, one for Split Area B, and one for Split Area C

(ii) In order to be considered for award, the offeror’s technical and past performance proposal must be rated as “Acceptable.” Offers will be evaluated according to price for each Split Area proposed as identified above, to include option prices. The following steps will be taken to evaluate price using the Price Evaluation Table below:

1. Initially, the Evaluation Table below will be populated in the Split Area Proposal Combinations block with each offeror’s total proposal price for each Proposal Combination submitted (up to seven each).

2. Proposals will then be ranked by price per each Split Area Proposal Combinations as identified in paragraph (C)(i) above to determine which possible award(s) combinations represent the best value to the government based on total price

(iii) Using the information obtained from the Price Evaluation Table, the Split Award Evaluation Table will be populated. The total evaluated price of each split area(s) combined will determine the total price of each possible award(s) combination. This process will be repeated for all possible award combinations. The table will then be used to determine which possible award(s) combinations represent the lowest price representing the best value to the government.

PRICE EVALUATION TABLE

Offeror Split Area Proposal Combinations

Name A B C A+B A+C B+C A+B+C

Vendor 1

D. Offerors are cautioned to submit sufficient information and in the format specified in the FAR 52.212-1 and/or its addendum. 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.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

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

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

SPLIT AWARD EVALUATION TABLE

Possible Award(s) Combination

Offeror(s) Total Evaluated Price

A+B+C

A, B+C

B, A+C

C, A+B

A or B or C

(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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that 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 Act--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that 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 Act--Free Trade Agreements--Israeli Trade Act.''

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

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

[List as necessary]

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

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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 Act--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:

(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 Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

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

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

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

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

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.