Solicitation-FA5270-17-Q-A062.pdf
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- Pump Out and Clean Grease Traps Federal contract opportunity
- Solicitation number
- FA5270-17-Q-A062
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Solicitation-FA5270-17-Q-A062
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| File | Type | Posted |
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| Attachment_2-Price_Exhibit.pdf | ||
| Attachment_4_-_Site_Visit.pdf | ||
| Attachment_1-Performance_Work_Statement.pdf | ||
| Attachment_5_-_Question_Form.pdf | ||
| Attachment_3_-_Past__Present_Performance_list.pdf |
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SEE ADDENDUM
(No Collect Calls)
FA527017QA062 20-Jul-2017
b. TELEPHONE NUMBER
634-5839
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 21 Aug 2017
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
FA52709. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LEWIS HAMPTON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
18 CONS/LGCA
POC: LEWIS HAMPTON
UNIT 5199, BLDG 99 KADENA AB
APO AP 96368
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE F2H3A2 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
18 CES/CEOSS
WILLIAM PENISTER
UNIT 5132, BLDG 1460
APO AP
TEL: 634-3751 FAX:
FAX:
TEL: 634-1850 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$7,500,000
NAICS:
562998
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
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. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
FA527017QA062
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 205,995 Gallon Grease Traps-O&M Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 October 2017 for all facilities listed under O&M Facilities, CLIN 0001.
FOB: Destination
NET AMT
0002 17,760 Gallon Grease Traps-DECA Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under DECA Facilities, CLIN 0002.
0003 11,040 Gallon Grease Traps-FSS Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under FSS Facilities, CLIN 0003.
0004 10,000 Gallon Grease Traps-Unscheduled Visits
FFP
The contractor shall provide all personnel, equipment, tools, materials, transportation, supervision and other items in the performance of services to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under O&M Facilities, DECA Facilities, and FSS Facilities for unscheduled service.
1001 205,995 Gallon OPTION Grease Traps-O&M Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 October 2017 for all facilities listed under O&M Facilities, CLIN 1001.
1002 17,760 Gallon OPTION Grease Traps-DECA Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under DECA Facilities, CLIN 1002.
1003 11,040 Gallon OPTION Grease Traps-FSS Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under FSS Facilities, CLIN 1003.
1004 10,000 Gallon OPTION Grease Traps-Unscheduled Visits
FFP
The contractor shall provide all personnel, equipment, tools, materials, transportation, supervision and other items in the performance of services to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under
2001 205,995 Gallon OPTION Grease Traps-O&M Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 October 2017 for all facilities listed under O&M Facilities, CLIN 2001.
2002 17,760 Gallon OPTION Grease Traps-DECA Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under DECA Facilities, CLIN 2002.
2003 11,040 Gallon OPTION Grease Traps-FSS Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under FSS Facilities, CLIN 2003.
2004 10,000 Gallon OPTION Grease Traps-Unscheduled Visits
FFP
The contractor shall provide all personnel, equipment, tools, materials, transportation, supervision and other items in the performance of services to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under
3001 205,995 Gallon OPTION Grease Traps-O&M Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 October 2017 for all facilities listed under O&M Facilities, CLIN 3001.
3002 17,760 Gallon OPTION Grease Traps-DECA Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under DECA Facilities, CLIN 3002.
3003 11,040 Gallon OPTION Grease Traps-FSS Facilities
FFP
The contractor shall provide all management, tools, supplies, equipment, and labor necessary to perform the service to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under FSS Facilities, CLIN 3003.
3004 10,000 Gallon OPTION Grease Traps-Unscheduled Visits
FFP
The contractor shall provide all personnel, equipment, tools, materials, transportation, supervision and other items in the performance of services to pump out and clean grease traps in accordance with the incorporated price exhibit and Performance Work Statement dated 27 Feb 2017 for all facilities listed under
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 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government
1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-OCT-2017 TO
30-SEP-2018
N/A 18 CES/CEOSS
WILLIAM PENISTER
UNIT 5132, BLDG 1460
APO AP
634-3751
F2H3A2
0002 POP 01-OCT-2017 TO
30-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-OCT-2018 TO
30-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2019 TO
30-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2020 TO
30-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-18 Availability Of Funds APR 1984 52.237-1 Site Visit 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 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
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 252.225-7012 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
252.232-7003 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
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 (Jan 2017)
(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, Simplified Procedures 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 three (3) separate parts: Part I—Technical Qualification; Part II—Past Performance Information; and Part III—Price Proposal.
B. Specific Instructions:
1. PART I— 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 2. 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.
2. PART II— Technical Qualification: Submit valid Permit for Industrial Waste Collection & Transportation. Submit two (2) copies.
3. PART III— 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 FA5270-17-Q-A062 and Performance Work Statement (PWS) (Attachment 1), and Government standards and regulations pertaining to the PWS.
2. Evaluation Factors for award.
Other Specific Instructions:
1. Ensure entire compliance of provision, FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (Jan 2017). 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 https://www.acquisition.gov/
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:
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) (End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
i) Price detailed by the Addendum to 52.212-2
ii) Technical Qualifications
iii) 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 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 technical qualification and 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— 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 a “Acceptable” rating on the technical qualification, 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 technical and past performance standards as described above, the evaluation will continue until the next-lowest-priced offeror is determined to have met the technical and 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.
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 (TEP) for award.
Total Evaluated Price (TEP): 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 proposed price for each potential contract performance period.
The TEP is a two-part computation. First, The Offferor’s total proposed price will be determined by multiplying the quantities identified for each exhibit line item Number (ELIN) by the unit price, limited to two decimal places to confirm the estimated total amount for each ELIN; the sum of all estimated amounts will be the Offeror’s total proposed price. Second the total proposed price plus the sum of the Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP.
Only CLINS 0001, 1001, 2001, and 3001 will be evaluated. The formula for the Option to Extend Services amount is as follows:
Base Year = 0001 x 0.5* Option Year One (1) = 1001 x 0.5* Option Year Two (2) = 2001 x 0.5* Option Year Three (3) = 3001 x 0.5* Note: 0.5* is the multiplicative factor used to derive the 6 months quantity value were clause 52.212-8 to be utilized.
Evaluating the Option CLINs does not obligate the Government to exercise the Options.
Quotations are expected to be in Japanese Yen, however, this does not restrict submission of quotes in United States Dollars. For the purpose of evaluation the exchange rate used for comparison will be ¥122.4519=$1
Offerors are cautioned to submit sufficient information and in the format specified in the FAR 52.212-1, Instructions to Offerors, and SERV-ADD 52.212-1. Offerors may be asked to clarify certain aspects of their proposal. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.
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.
Award will be made to the lowest priced offer, based on TEP, which meets the acceptability standards for non-price factors.
Part II— Technical Qualification:
Offers shall be evaluated on a Acceptable/ Non-acceptable basis where an offeror is deemed technically acceptable if they receive a “Acceptable” rating.
Each offeror shall meet and provide evidence of all licensing/certification requirements to perform the required service in accordance with Paragraph 4.23 of the Performance Work Statement (Attachment 1 to the solicitation):
• Permit for Industrial Waste Collection & Transportation
Failure to present the appropriate license(s) will render the proposal as a “Non-acceptable” rating and exclude the proposal from further consideration for contract award.
Part III— 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.
(End of addendum)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(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;
http://www.osha.gov/dcsp/osp/approved_state_plans.html
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions 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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on
SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and https://www.acquisition.gov/
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as…
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