FA5270-13-R-0039_HVAC_Duct_Cleaning_MFH.pdf

18 CONS/LGCA

POC: CAITLIN MCELROY

UNIT 5199, BLDG 99 KADENA AB

APO AP 96368

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)

$7.0M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5270-13-R-0039 17-May-2013

b. TELEPHONE NUMBER

315-632-7111

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 17 Jun 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 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 F2H2B9 16. ADMINISTERED BY

718TH CES

LEWIS ANTHONY

718 CES/CEPMB

APO AP

TEL: 632-8565 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CAITLIN MCELROY

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

561790

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

FA5270-13-R-0039

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 140 Each Cleaning HVAC Duct Systems 3 - 3.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 3 - 3.5 Ton Systems.

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 140 Each Cleaning HVAC Duct Systems 4 - 4.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 4 - 4.5 Ton Systems.

0003 10 Each Cleaning HVAC Duct Systems Over 5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 5 Ton and over 5 Ton Systems.

1001 140 Each OPTION Cleaning HVAC Duct Systems 3 - 3.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 3 - 3.5 Ton Systems.

1002 140 Each OPTION Cleaning HVAC Duct Systems 4 - 4.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 4 - 4.5 Ton Systems.

1003 10 Each OPTION Cleaning HVAC Duct Systems Over 5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 5 Ton and over 5 Ton Systems.

2001 140 Each OPTION Cleaning HVAC Duct Systems 3 - 3.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 3 - 3.5 Ton Systems.

2002 140 Each OPTION Cleaning HVAC Duct Systems 4 - 4.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 4 - 4.5 Ton Systems.

2003 10 Each OPTION Cleaning HVAC Duct Systems Over 5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 5 Ton and over 5 Ton Systems.

3001 140 Each OPTION Cleaning HVAC Duct Systems 3 - 3.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 3 - 3.5 Ton Systems.

3002 140 Each OPTION Cleaning HVAC Duct Systems 4 - 4.5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 4 - 4.5 Ton Systems.

3003 10 Each OPTION Cleaning HVAC Duct Systems Over 5 Ton

FFP

The contractor shall provide all necessary equipment, tools, materials, vehicles, transportation, labor, supervision and other items and services necessary to perform the service to clean heating, ventilation, and air conditioning (HVAC) duct systems at all DoD Military Family Housing (MFH) on Okinawa, Japan in accordance with the attached Performance Work Statement (PWS) and commercial and local standards for 5 Ton and over 5 Ton Systems.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 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 718TH CES

LEWIS ANTHONY

718 CES/CEPMB

APO AP

632-8565

F2H2B9

0002 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2013 TO

30-SEP-2014

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)

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)

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)

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 52.232-18 Availability Of Funds APR 1984 252.212-7000 Offeror Representations and Certifications- Commercial

Items

JUN 2005

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.232-7007 Limitation Of Government's Obligation MAY 2006 252.233-7001 Choice of Law (Overseas) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

*NOTE 1: 52.212-1 shall be incorporated by reference (IBR) in SF 1449 in accordance with FAR Matrix.

*NOTE 2: the following addendum is incorporated by full-text (IBF) in SF 1449.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(INCORPORATED BY REFERENCE ON STANDARD FORM 1449)

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.”

Addendum to 52.212-1(e), Multiple Offers. The paragraph is tailored as follows: “Offerors shall not submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.”

Addendum to 52.212-1(h) Multiple Awards. The paragraph is tailored as follows: “The Government will not make multiple awards.”

ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

This procurement is being solicited under the Federal Acquisition Regulation (FAR) Subpart 13.5, Test Program for Certain Commercial Items.

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts: Part I—Past Performance; and Part II—Price Proposal.

B. Specific Instructions:

1. PART I—Past Performance Information: Limited to no more than 10 pages per contract reference (contract references not to exceed three (3)) containing information described in paragraphs (a) and

(b) below. Only references for same or similar type contracts are desired. Submit an original and one

(1) copy.

a. Quality and Satisfaction Rating for Contracts Completed in the Past Three (3) Years:

Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems.

b. Submit a Past/Present Performance Reference List: Use solicitation Attachment 3 (Past/Present Performance Reference List), and complete the list of no more than three (3) of the most relevant contracts performed for federal, public agencies, or commercial customers within the last three (3) years. Relevant contracts include requirements that are similar to or greater in scope, magnitude, and complexity than the effort described in this solicitation. The list shall include the following information for each contract referenced:

1. Name of firm (i.e. Name of the offeror)

2. Title of contract

3. Description of work performed on contract (bulletize five (5) descriptions of primary work performed on the contract)

4. Contracting Agency or customer (i.e. federal or public agency or commercial customer)

5. Contract number or equivalent identifier; if none, type “no contract number or identifier”

6. Contract value (amount) in U.S. dollar or Equivalent Japanese Yen

7. Period of performance of contract

8. Verified, up-to-date name, address, FAX and telephone numbers of Point of Contact

(POC) – should be the Contracting Officer or equivalent personnel of Contracting Agency or customer

c. Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past/present performance information to the prime contractor.

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

1. Requirements of the solicitation FA5270-13-R-0018 and Performance Work Statement (PWS) (Attachment 2), and Government standards and regulations pertaining to the PWS.

2. Evaluation Factors for award.

2. PART II—Price Proposal: Submit original and one (1) copy.

a. Complete blocks 12, 17a, and 30a, 30b, and 30c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the Solicitation, with attachments.

The Solicitation constitutes the model contract.

b. Enter proposed unit prices for each Contract Line Item Number (CLIN) and Price Exhibit CLIN, including all option periods in the Price Exhibit of the SF1449 and Attachment 1.

The proposal must be submitted for a Basic Year plus three (3) Option Years. The extended amount must equal the whole U.S. Dollar or Japanese Yen unit price multiplied by the number of units.

c. Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212- 3 and DFARS 252.212-7000 shall be returned along with the offer in its entirety.

Other Specific Instructions:

1. Ensure entire compliance of provision, FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (Dec 2012). Submit one (1) entire copy of submitting firm’s (i.e. the offeror’s) representations and certifications being registered in the System for Award Management (SAM) via https://www.acquisition.gov.

2. INFORMATION REGARDING SUBMISSION OF PROPOSAL:

Hand-carried or certified mail proposals shall be time-and-date stamped and deposited in the Bid Box/Depository located at:

18th Contracting Squadron (18 CONS), Base Support Acquisition Flight (LGCA) Unit 5199, Building Number (BLDG No.) 99

APO, AP 96368-5199

Kadena Air Base, Okinawa, Japan

Offerors shall be fully responsible for ensuring that the sealed envelope or equivalent package used to submit their proposal must show the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

For certified mail proposals, offerors shall be fully responsible – besides the matters specified above – for:

• Specifying and Request delivery date and time; and

• Obtaining and Keeping records for date and time of the receipt from delivering company/agency.

Offerors are cautioned that 18 CONS/LGCA, BLDG No. 99 on Kadena Air Base, Okinawa, Japan has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance.

SOME DELAY SHOULD BE ANTICIPATED WHEN HAND-CARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the Bid Box/ Depository PRIOR to the time specified for receipt.

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:

https://www.acquisition.gov/

New Year’s Day 01 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 04 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

(End of Addendum)

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:

i) Past Performance

ii) Price

(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.

ADDENDUM TO FAR 52.212-2

Basis for award: This acquisition is being conducted under Simplified Acquisition Procedures: Federal Acquisition Regulation (FAR) Part 13.5, Test Program for Certain Commercial Items, and FAR Part 12, Acquisition of Commercial Items. Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation—Commercial Items, and this addendum. Noncompliance with the Request For Proposal (RFP) may be grounds to eliminate the proposal from consideration for contract award. Award will be made on the basis of lowest evaluated price of the proposal meeting the past performance standards. 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 solicitation and all such offers shall be treated equally except for their prices and performance records.

The evaluation process shall proceed as follows:

Initially, offers shall be ranked from low to high according to the price, including option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Price Exhibit by the unit price for each item to confirm the extended amount for each. The Price Exhibit includes a sheet for the basic year and all option years.

Part I—Past Performance:

Past performance information is one indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in the contractor’s performance shall be considered.

Past performance will be evaluated on an ACCEPTABLE / UNACCEPTABLE / UNKNOWN basis where an offeror is deemed suitable if they receive an “ACCEPTABLE” rating. “UNKNOWN” rating will not be held against an offeror. Please refer to Table A-1.

The Contracting Officer shall seek recent and relevant performance information based on (1) the references provided by the offeror (not to exceed three (3)) and (2) data independently obtained from other Government and commercial sources. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance.

Offerors shall provide a list of no more than three (3) of their most relevant contracts performed within the last three (3) years. A contractor’s performance will be evaluated based on performance of requirements that are similar to or greater in scope, magnitude, and complexity than the effort described in this solicitation.

Table A-1 – 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.

Part II—Price:

The Government will evaluate the SF 1449 to ensure Blocks 17a, 30a, 30b, and 30c are fully completed and acknowledgement of any or all amendments has been received. The proposal must be submitted in its entirety.

The Government will evaluate the necessary fill-ins and certifications included in the FAR provision 52.212-3.

Evaluation of Options: The Government will evaluate an offeror’s price for each Contract Line Item Number (CLIN), to include the basic period of performance, all option years authorized by FAR 52.217-9, Option to Extend the Term of the Contract, and the bottom line price in order to determine reasonableness and completeness. Any inconsistencies in price must be clearly justified.

If the lowest-priced evaluated offer is judged to have an “ACCEPTABLE” past performance rating and is determined to be responsible in accordance with FAR Part 9.104, that offer represents the best value for the Government and the evaluation process will stop at this point. However, if the lowest-priced offeror does not meet the past performance standards as described above, the evaluation will continue until the next-lowest-priced offeror is determined to have met the past performance standards as described above and is determined to be responsible in accordance with FAR Part 9.104. Award shall be made to that offeror without further consideration to any other offers.

(End of addendum)

(End of provision)

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

(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:

(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…