FA5270-17-Q-A009.pdf

RFQ: FA5270-17-Q-A009

Combined Synopsis/Solicitation for MFH Grounds Maintenance, Okinawa, Japan RFQ No. FA5270-17-Q-A009

1. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation FA5270-17-Q-A009 is being issued as a Request for Quotation (RFQ). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quotation.

2. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94 - 19 Jan 2017; DPN 20161222 - 22 Dec 2016; and AFAC 2016-0603

- 3 Jun 2016.

3. The North American Industry Classification System (NAICS) code is 561730 (Landscaping Services). This requirement will be utilize full and open competition and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition.

4. Offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov/, in order to be considered for award. A current copy of a prospective awardee’s Reps and Certs will be validated using the SAM website prior to the issuance of an award.

5. For information regarding the service acceptor or point of acceptance, please refer to 252.232-7006 (incorporated by full text) below.

6. The following commercial provisions and clauses are applicable to this acquisition: 52.212-1 along with its addenda, 52.212-2, 52.212-3, 52.212-4, and 52.212-5.

7. Except for what’s listed within this Combined Synopsis/Solicitation, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with commercial practices.

8. This notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered.

9. The Government contemplates a single Firm Fixed IDIQ pre-priced contract resulting from this solicitation to the responsible offeror whose offer represents the best value in terms of price, technical and past performance acceptability to the Government.

10. All quotations, and/or questions shall be submitted in writing, via email to Yayoi Iha at yayoi.iha.1.jp@us.af.mil. Quotes shall be submitted in writing, via email or hand carried, and due no later than 1100 hrs JST (Japan Standard Time) on 25 April 2017. Any potential amendments will be posted in the same fashion as the solicitation.

11. All quotes must remain valid until 1 September 2017.

Exhibit A

ITEM NO. DESCRIPTION UNIT UNIT PRICE

0001 MFH Grounds Maintenance

The contractor shall perform grounds maintenance services in accordance with paragraph 1.1 thru 1.4 and 1.6, Performance Work Statement (PWS) dated Dec 2016.

-Performance will be on US military installations on the main island of Okinawa.

-CY17 BASIC YEAR: 1 June 2017 - 31 Dec 2017

UNIT (Per Housing Unit)

JPY

0002 Special Cuts The contractor shall perform special cuts grounds maintenance services in accordance with paragraph 1.1 thru 1.6, Performance Work Statement (PWS) dated Dec 2016.

-Performance will be on US military installations on the main

-CY17 BASIC YEAR: 1 June 2017 - 31 Dec 2017

Unit)

JPY

OPTION

MFH Grounds Maintenance The contractor shall perform grounds maintenance services in accordance with paragraph 1.1 thru 1.4 and 1.6, Performance Work Statement (PWS) dated Dec 2016.

-Performance will be on US military installations on the main

-CY18 OPTION YEAR 1 : 1 Jan 2018 - 31 Dec 2018

Unit)

JPY

OPTION

Special Cuts The contractor shall perform special cuts grounds maintenance services in accordance with paragraph 1.1 thru 1.6, Performance Work Statement (PWS) dated Dec 2016.

-Performance will be on US military installations on the main

-CY18 OPTION YEAR 1 : 1 Jan 2018 - 31 Dec 2018

Unit)

JPY

CONTRACTOR INFORMATION

ORDERING ADDRESS POINT OF CONTACT PHONE NUMBER FAX NUMBER

E-MAIL ADDRESS REMIT TO ADDRESS CAGE CODE TAX ID NUMBER

DUNS NUMBER SIZE OF BUSINESS WEB ADDRESS QUOTE DATE

Notice to Offeror(s)

Note 1: The Government contemplates award of one (1) IDIQ pre-priced contract resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

Note 3: Submit offers in whole numbers only, no fractions less than one (1) yen.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

100 ea - MFH Grounds Mx 5 ea - Special Cuts

$2,500,000.00

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUN-2017 TO

31-DEC-2017

N/A 718 CES

LAVISHA D. ASHFORD

UNIT5261

APO AP 96368

634-1127 FOB: Destination

F2H2B9

0002 POP 01-JUN-2017 TO

31-DEC-2017

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2018 TO

31-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JAN-2018 TO

31-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

The following provisions and clauses to include addenda shall apply to this acquisition:

The following provisions and clauses are incorporated by reference, they can be read in their full text at http://farsite.hill.af.mil/.

52.203-3 Gratuities APR 1984 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (OCT 2014) Alternate I

JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

OCT 2015

52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Requirement to Inform Employees of Whistleblower Rights Oct 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7008 Only One Offer OCT 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7041 Correspondence in English JUN 1997 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7022 Representation of Extent of Transportation by Sea Aug 1992

The following provisions and clauses are incorporated by full text.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

Addenda to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

(a) Paragraphs 52.212-1(b), “Submission of offers,” and 52.212-1(f), “Late submissions, modifications, revisions, and withdrawals of offers,” are deleted in their entirety and replaced with 52.215-1(c), “Submission, modification, revision, and withdrawal of quotations,” by reference.

(b) Paragraph 52.212-1(c), “Period for Acceptance of Offers,” is tailored as follows: “The offeror agrees to hold the prices in its offer firm until 1 September 2017.”

(c) The following is inserted as new paragraph (m) of the provision:

“(m) Quotation Preparation Instructions.

A. To assure timely and equitable evaluation of quotations, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I – Summary, Pricing, and Miscellaneous Data, Part II - Technical Information (Corporate Experience), and Part III - Past Performance Information.

NOTE: The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

B. Specific Instructions:

1. PART I – SUMMARY, PRICING AND MISCELLANEOUS DATA. Submit original. Electronic copies will also be accepted.

(a) Complete and submit Exhibit A, page 2 of Combined Synopsis/Solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

(b) Complete and submit “Contractor Information” page 2 and “TAX EXEMPTION CERTIFICATE” page 24-25 of Combined Synopsis/Solicitation.

(c) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Unless the offeror submits, with their offer, a completed Provision 52.212-3 Alt I (January 2017), the representations and certifications completed at www.sam.gov will be used for this solicitation.

(d) For other provisions and clauses in the solicitation, the Offeror is required to submit the pages that require an Offeror fill-in (FAR 52.209-7, page 5).

(e) Submit an acknowledgment of the all solicitation amendments, if issued.

2. PART II – TECHNICAL INFORMATION – Limited to no more than two (2) pages. Submit original Electronic copies will also be accepted.

Technical capability will be determined based on the evaluation of the Corporate Experience and the evidence of offeror’s submittals. Offeror’s quotation shall show/demonstrate the following:

(a) Corporate Experience: Corporate Experience must be Grounds Maintenance and may be commercial and/or governmental. Performance means work IAW requirements, laws and regulations with some minor problems and prompt correction.

The contractor shall use Corporate Experience Information (Solicitation Atch 3) to show one (1) Grounds Maintenance Service with some of the scope and magnitude of effort and complexity to those identified in the Performance Work Statement (PWS). Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages).

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (Name is not exactly as stated on this solicitation), the quotation shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFQ. The offeror will not be found acceptable on the basis of the proposed subcontractor’s experience only.

3. PART III – PAST PERFORMANCE INFORMATION - Limited to no more than three (3) contract references containing information described in paragraphs (a) and (b) below. Only references for past efforts/contracts of relevance are desired. Submit original. Electronic copies will also be accepted.

(a) Quality and Satisfaction Rating of Contracts: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc. Limited to no more than ten (10) pages per contract reference.

(b) Performance Surveys/Questionnaires: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information. The government requires the offeror send out a PPQ to each of the Points-of-Contact (POCs) identified in the Past Performance Information (paragraph (c) below).

The offeror shall send out the PPQ (Solicitation Atch 5) to each of their references.

THE RESPONSIBILITY TO SEND OUT THE PAST PERFORMANCE QUESTIONNAIRE RESTS SOLELY

WITH THE OFFEROR.

Once the questionnaires are completed by the POCs, the information contained therein will be considered evaluation sensitive and will not be released outside the government. The POCs shall forward their completed questionnaires directly to the government – NOT BACK TO THE OFFEROR.

PPQs shall be sent directly from your reference to this office marked to the attention of Ms. Yayoi Iha, via e-mail to yayoi.iha.1.jp@us.af.mil or mailed to the following address:

18th Contracting Squadron/LGCA Attn: Ms Yayoi Iha Unit 5199, Bldg. 99, Kadena AB, Okinawa, Japan 904-0000

(c) Past Performance Information: Provide a list of no more than three (3) of the most relevant contracts performed the last 3 years from the solicitation issuance date for any customer. Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Product/Service title and Description

(iii) Contracting Agency/Customer

(iv) Contract Number/Project Title

(v) Contract Value/Amount (Per Year and/or Total) (Dollar/Japanese Yen)

(vi) Period of Performance

(vii) Verified, up-to-date name, mailing and e-mail addresses, and telephone number of the contracting officer (Point-of-Contact)

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(x) Contractor’s role

The offeror shall use PPI (Solicitation Atch 4) to submit contract references. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages).

Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort. If an offeror has no past performance history of relevance, the offeror must affirmatively state it possesses no past performance history of relevance.

(d) The evaluation of corporate experience/past performance information will not take into account corporate experience/past performance regarding (i) predecessor companies, (ii) will not take into account corporate experience/past performance of key personnel who have relevant experience, and/or (iii) will not take into account corporate experience/past performance regarding subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition.

(e) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

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

C. Documents submitted in response to this RFQ must be consistent with the following:

1. Requirements of the solicitation (Exhibit A and PWS) and government standards and regulations pertaining to the PWS.

2. FAR 52.212-2, Evaluation – Commercial Items, of this solicitation.

3. If a Part in a quotation exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

4. Format for quotation Parts I, II, and III shall be as follows:

(a) Each written Part of the quotation shall be separately bound and labeled. Cover pages, Table of Contents, and Tabs will not be counted against the page limits. However, pages depicting tables, charts, graphs and figures will count toward the page limit.

(b) The quotations will be on 8 1/2” x 11” paper or A4 (210mm x 297mm) paper.

(c) A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet of paper.

(d) All printing shall be single-spaced. Spacing characteristics are applicable to charts and graphs.

(e) Typing shall not be less than 10 pitch. Size of print is applicable to charts and graphs.

(f) Page margins shall be a minimum of 1 inch top, bottom, and each side.

(g) Offerors can also submit electronic copies of quotations via e-mail. Files are not to exceed 4 MB. By submitting an electronic copy, offerors assume all risk of quotations not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe .pdf files will be accepted.

No zip files will be accepted. If submitting quotations electronically, email the file(s) by the solicitation closing date and time to the following email address: yayoi.iha.1.jp@us.af.mil . The offeror is solely responsible for ensuring that the offeror's quotation or correspondence successfully transmits to, and is received by, its intended email addresses. The offeror is advised to immediately contact the intended email addresses for acknowledgement of email receipt.

(h) Each Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered.

(i) Price data of any kind shall be presented only in the Exhibit A.

D. General Information:

1. Contractor Inquires: Formal communications/inquiries, such as requests for clarifications and/or information concerning the solicitation, MUST be submitted in writing. When addressing questions concerning any aspect of the solicitation, state the page number, section, and paragraph number on the Questionnaire Form (Solicitation Atch 7). Offerors shall submit the questions by email to yayoi.iha.1.jp@us.af.mil. All questions must be forwarded no later than 1100 hrs JST (Japan Standard Time) on 10 April 2017 to ensure that the Contracting Officer has sufficient time to post responses on FedBizOpps.

2. Information regarding submission of quotations:

(a) Hand carried or mailed quotations must be delivered to the following address:

18th Contracting Squadron/LGCA Attn: Ms Yayoi Iha Unit 5199, Bldg. 99, Kadena AB, Okinawa, Japan 904-0000

Electronic copies will also be accepted via email to yayoi.iha.1.jp@us.af.mil

(b) The sealed envelope or package used to submit your quotation must show the time and date specified for receipt, the solicitation number, and the name and address of the offeror. There is a time and date stamp at the drop location.

(c) Offerors are cautioned that 18CONS/LGCA, Bldg. 99, Kadena AB, Okinawa has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE EXPECTED WHEN HAND-CARRYING QUOTATIONS. Offerors should allow sufficient time to obtain a visitor pass and arrive at Bldg. 99 prior to the time specified for receipt. Late quotations will be processed in accordance with FAR 52.215-1(c)(3),“Submission, modification, revision, and withdrawal of proposals.”

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

New Year’s Day 1 January Birthday of Martin Luther King Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

Note: No Japanese holidays will be observed.

(e) NO CORRECTIONS AND/OR CHANGES ARE ALLOWED AFTER THE CLOSING DATE FOR

SUBMISSION OF QUOTATION OR BIDS.”

(f) All quotations must remain valid until 1 September 2017.

3. PRE-SOLICITATION CONFERENCE/ SITE VISIT

Offerors are highly encouraged to attend scheduled site visit. Offerors shall use Pre-Solicitation Conference/Site Visit Form (Solicitation Atch 6) in order to make a reservation for attendance. Offerors are highly encouraged to download all solicitation documents from Federal Business Opportunities (FedBizOpps.Gov: https://www.fbo.gov/) before attendance, and hand-carry the documents for the event.

4. Electronic Funds Transfer (EFT) If the awardee of this requirement will receive payment via electronic funds transfer (EFT) and the payment will be made to a Japanese bank account, the applicable bank will receive payment and a transaction fee on ¥756 shall be taken by the accepting bank for each transaction. The U.S. Government will not be responsible for repaying of this transaction fee; therefore, an offeror using a Japanese bank account must consider this bank fee when providing an offer in response to this solicitation.

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

(End of Addenda to 52.212-1)

52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

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

(1) Price

(2) Technical

(3) Past Performance

(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 will 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, will 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 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

The following is inserted as new paragraph (d) of the provision:

“(d) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically Acceptable (LPTA) evaluation with the Total Evaluated Price (TEP) and technical acceptability includes both an evaluation of corporate experience and past performance to determine technical acceptability process conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.5. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors –Commercial Items, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result in an offer being determined unacceptable. Award will be made to the lowest TEP offer that meets the acceptability standards for non-price factors (Technical Acceptability Factor and Past Performance Factor). The evaluation process will include the following:

(1) Price Evaluation Factor. The government will rank all offers by TEP. The price evaluation will document the completeness and reasonableness of the TEP.

NOTE: 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.

Total Evaluated Price: A TEP will be computed for each offer in order to meet the requirements of FAR Parts 6 and

17. The price of a six-month extension authorized by 52.217-8, Option to Extend Services, will be added to the quoted price for each potential contract performance period.

The TEP is a two-part computation. First, the offeror’s total quoted price will be determined by multiplying the quantities identified below by the unit price, limited to two decimal places, for each Contract Line Item Number (CLIN) to confirm the extended total amount for each CLIN; the sum of all extended amounts will be the offeror’s total quoted price. Second, the total quoted price (total amount for CLINs 0001 – 1002) plus the sum of Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP.

The formula for CLIN total quoted price is as follows:

Base Year = (CLIN 0001 unit price x 100 each) + (CLIN 0002 unit price x 5 each) Option Year 1 = (CLIN 1001 unit price x 100 each) + (CLIN 1002 unit price x 5 each)

NOTE: Since no quantities are provided in Exhibit A under this solicitation, the government will use the below quantities for evaluation purpose only. These quantities are obtained based on minimum order amounts and do not reflect the actual quantities in the contract.

CLIN 0001 and 1001: MFH Grounds Maintenance: 100 each CLIN 0002 and 1002: MFH Special Cuts: 5 each

The formula for the Option to Extend Services amount is as follows:

Base Year = CLIN total proposed price x 1.0*

Option Year 1 = CLIN total proposed price x 0.5*

NOTE: *0.5 is the multiplicative factor used to derive the 6 months quantity value. If the period of performance is delayed, the multiplicative factor will be adjusted in cases where the period of performance is less than 12 months.

Evaluating the Option CLINs does not obligate the government to exercise the Options.

(2) Technical Acceptability Factor. The government will evaluate technical quotations on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in Table 1 below.

Table 1. Technical Acceptable/Unacceptable Ratings Rating Rating Definition

Acceptable Corporate Experience effort involved some of the scope and magnitude of effort and complexity that this solicitation requires.

Unacceptable Corporate Experience effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The quotations will be evaluated against the following subfactor:

TECHNICAL SUBFACTOR 1 – Corporate Experience

(A) Description: This subfactor will assess the Offeror’s corporate experience.

(B) Basis of Evaluation: The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFQ. The Government will only review one (1) project. Any projects submitted in excess of the one (1) for Experience will not be considered.

(3) Past Performance Factor. The government will evaluate recent and relevant performance information on all Offerors based on (i) the references provided by the Offeror, and (ii) any past performance information obtained from survey/questionnaires (Solicitation Atch 5), and (iii) any data independently obtained by the government. If a reference identified by the Offeror in accordance with 52.212-1(m)B.4(c) does not submit a survey/questionnaire, the government will follow up with the reference POC, but it is not responsible for the failure of a reference POC to provide a survey/questionnaire.

(A) Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation. The government will assess recency for each contract and assign a rating as described in Table 2 below:

Table 2. Past Performance Recency Ratings

Acceptable Recent past performance information includes contracts performed and/or being performed are within the last three (3) years from the issuance of the solicitation.

Unacceptable Recent past performance information includes contracts performed and/or being performed are not within the last three (3) years from the issuance of the solicitation.

(B) Relevant past performance is that which involved some of the scope, magnitude of effort, and complexity that this solicitation requires. The government will assess relevancy for each contract and assign a rating as described in Table 3 below:

Table 3. Past Performance Relevancy Ratings

Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexity that 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.

(C) Performance Quality Assessment: For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed based on the (i) Quality Assessment Criteria evaluated under the Past/Present Performance Questionnaire (Solicitation Atch 5) and (ii) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available. Each recent and relevant past performance information reviewed will be assigned a rating as described in Table 4 below:

Table 4. Quality Assessment Ratings

Acceptable During the contract period, contractor performance is meeting (or met) contract requirements. For any problems encountered, contractor took effective corrective action.

Unacceptable

During the contract period, contractor performance is not meeting (or did not meet) contract requirements. For any problems encountered, corrective action appeared only marginally effective, not effective, or not fully implemented. Customer involvement was required.

The past performance evaluation is 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 teaming arrangement where two or more companies form a partnership, the following will apply: (i) for prime-subcontractor(s) partnerships, the prime must be rated “Acceptable” in order for the partnership to be rated “Acceptable” as a whole.

As a result of the recency, relevancy, and performance quality assessments, Offerors will receive an integrated past performance rating as described in Table 5 below:

Table 5 Past Performance Evaluation Ratings

Rating 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”. (See note below)

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be 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 unknown (or “neutral”) past performance.

In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

(4) Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their quotations. Exchanges 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 quotation revision. 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.

(5) Award will be made to the lowest priced offer, based on TEP, that meets the acceptability standards for non-price factors (Technical Acceptability Factor and Past Performance Factor).”

(End of addenda and provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving…