FA558718R0008_-_IWMS.pdf

Combined Synopsis/Solicitation

Department of the Air Force 48th Fighter Wing (USAFE)

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Requirement Title: Integrated Waste Management Services

Solicitation Number: FA558718R0008

Solicitation Issue Date: Wednesday, 09 May 2018

Response Deadline: Monday, 11 June 2018 no later than 4:00 PM BST

Point(s) of Contact: SSgt Tyler Walker / tyler.walker.4@us.af.mil 226-2085

SMSgt Terry Agena / terry.agena@us.af.mil / 226-2090

General Information

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; proposals are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a(n) Request For Proposal (RFP).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2005-97 Defense Federal Acquisition Regulation Public Notice 20180418 Air Force Federal Acquisition Circular 2017-1003

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is 562119

Requirement Information

Description:

The Integrated Waste Management Services Grounds Maintenance Services requirement will encompass a wide scope of services across 13 geographically separated United States Visiting Forces (USVF) bases. The scope would also include but is not limited to: scheduled pick-up and disposal of solid, liquid, and hazardous waste; unscheduled pick-ups as needed; maintaining clean containers and collection areas; removal and handling of sewage sludge/liquid sewage;

emptying and cleaning of catch pits, oil water separators, etc; cleaning down and washing of lagoon walls; disposal of transfer of arisings, supply and collection of covered skips, and provision of quarterly reports/maintenance of records.

Place of Delivery/Performance/Acceptance/FOB Point:

48th Fighter Wing (USAFE)

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- RAF Alconbury

- RAF Barford St John

- RAF Blenheim Crescent

- RAF Caversfield

- RAF Croughton

- RAF Fairford

- RAF Feltwell

- RAF Lakenheath

- RAF Menwith Hill

- RAF Mildenhall

- RAF Molesworth

- RAF Welford

-MFH Ely

Line Item Description Quantity Unit of Measure Offerors shall complete Attachment 2 - Offer Sheet. All prices shall be

Instructions to Offerors

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

A. To ensure timely and equitable evaluation, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements:

A.1. Terms and conditions, A.2. Representations and certifications, and

A.3. All evaluation factors.

Offers submitted in response to this Combined Synopsis/Solicitation must address the evaluation factors outlined in paragraph B.

Failure to meet any requirement may result in a offeror being ineligible for award. The Government's terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with United States Federal Acquisition Regulations (FAR), the Department of Defense Acquisition Regulation Supplement, and the Air Force Federal Acquisition Regulation Supplement and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors' specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract if awarded, will not be considered by the Government in its evaluation of offers. Offerors that are not able to comply with the aforementioned conditions, will be determined as noncompliant with the solicitation requirements, and therefore may be removed from consideration for award.

B. Evaluation Factors for Award: The offer shall consist of two separate factors.

B.1. Factor 1- Price

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B.2. Factor 2- Technical

C. The Contracting Officer (CO) has determined there is a high probability of adequate price competition in the commercial market.

Upon review of the offers, the CO will determine if adequate price competition exists. If determined that adequate price competition exists no additional price information will be requested. However, if the CO determines that adequate price competition does not exists; offerors may be required to submit information to the extent necessary to determine the reasonableness of the price.

D. To be considered for an award, offerors must submit the following information:

D.1. Offeror's complete mailing and remittance address and contact information.

D.2. Offeror shall be enrolled in the System for Award Management (SAM) database (www.sam.gov) by the offer due date of 11 June 2018. Offerors must ready future enrollment in WAWF, for payment and invoicing in electronic funds transfer (EFT) - payable 30 days upon delivery. However, the Government will consider discount payment terms. Inability to receive EFT payment may disqualify a recipient from award consideration.

D.3. Complete the necessary fill-ins and certifications in all provisions. The provision FAR 52.212-3 and any descriptions and information as prescribed in 252.225-7032 shall be returned along with the offer.

D.4. Completed Offer Sheet (Attachment 2) Information/CLINs/Sub-CLINs. All prices shall be submitted in UK Pounds.

E. IAW with DFARS 252.225-7041 all offers shall be submitted in English.

F. Offerors are encouraged to submit their offers either through e-mail or on a disc (Hard Copy or USB drives will not be accepted).

G. Complete offers shall conform to the following requirement:

Format - Submitted in Adobe PDF format unless stated otherwise.

Electronic Paper Size - All pages must be formatted to fit on 8.5 x 11 inch paper with margins not less than one inch on every side or European equivalent (A4), except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”, or European equivalent. (A page is defined as one face of a sheet of paper containing information).

Font - Black font color, and a font size of 12 point or larger (except in figures or tables, which may be 10 point font).

References - References must be included as footnotes or endnotes in a font size of 10 or larger. Footnotes and endnotes are counted toward the maximum page requirement.

Page numbers - Page numbers must be included in the footer of every page.

Maximum Page Limit - Offers do not have a maximum total page limit. However, the technical portions must not exceed 15 pages, including cover page, plan(s), chart(s), graph(s), map(s), and/or photograph(s), etc., when printed using the formatting requirements set forth above and single spaced. If offeror exceeds the maximum page lengths indicated above, 48 CONS will review only the authorized number of pages and disregard any additional pages.

H. Offers and inquiries may be sent via e-mail to primary contact, Contract Specialists, SSgt Tyler Walker and SSgt Jacob Horton, at tyler.walker.4@us.af.mil and jacob.horton.1@us.af.mil.

The addressees must be able to open the e-mail and all attachments in a readable format (PDF, Microsoft (MS) Word 2007, MS Excel 2007, MS Power Point 2007, or later versions, as applicable). It is the offeror's responsibility to allow for sufficient time for the offers to clear all of the Agency's e-mail servers. Offerors may send their offers using multiple emails using number systems such as “email 1 of 4.” For the purpose of electronically transmitted offer receipt, the offer is determined to be “under the Government's control” when it is in the addressee's email inbox. No other Government point of entry, including all email servers, will be acceptable. It is the offeror's responsibility to ensure the offer is sent to the correct Government e-mail addresses.

Package sizes greater than 2 MB may be submitted via the Army's Safe Access File Exchange (SAFE), located at https:// safe.amrdec.army.mil/safe/. If using SAFE, please ensure that the Government POC emails are entered correctly so that the system

48th Fighter Wing (USAFE) will notify the contract specialist and contracting officer that a offer has been uploaded to SAFE.

I. Disc (Hard Copy or USB drives will not be accepted) offer may be mailed to the 48th Contracting Squadron office:

ATTN: SSgt Tyler Walker

48 CONS/PKB

Building 977

1st Floor

RAF Lakenheath

United Kingdom, IP27 9PN

J. The sealed envelope or package used to submit the offer must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror. Please note, RAF Lakenheath has visitor control procedures which require individuals not affiliated with the installation to obtain a visitor pass prior to entrance. DELAYS SHOULD BE ANTICIPATED WHEN HAND CARRYING OFFERS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the contracting office PRIOR to the time specified for receipt. Questions concerning visitor pass can be answered by calling RAF Lakenheath Visitor Center information desk at +44 (0)1638-52-3554.

K. Late offers will be processed in accordance with FAR 52.212-1(f) - Late submission, modifications, revisions, and withdrawals of offers. 48 CONS will not extend deadlines for offerors who fail to submit required information and documents due to server/ connection congestion.

L. Further changes to the original provision 52.212-1.

L.1. 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 for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

L.2. Paragraphs 52.212-1(d) and 52.212-1(h) and 52.212-1(i) do not apply to this acquisition.

M. Pre-Award expenditures are made at the offeror's risk; DoD is not obligated to reimburse costs: (1) in the absence of funds; (2) if an award is not made; or (3) if an award is made for a lesser amount than the proposed amount.

N. Inquiries and questions concerning the solicitation will be answered and published within five working days after receipt and will be published at www.fbo.gov. The cut-off date for all inquiries and questions concerning this solicitation shall be 16:00 hours GMT on 4 June 2018.

O. Site Visit: A one day site visit is scheduled for 25 May 2018 at 09:00 AM GMT at RAF Lakenheath. A maximum of two persons per offeror will be allowed to participate in the site visit. All prospective offerors are highly encouraged to attend and inspect the project site. All offerors who intend to participate in the site visit shall coordinate base access through the 48th Contracting Squadron.

Exact details and information for the site visit will be provided after receipt of the information required below:

O.1. Provide the names, DOB, vehicle details, and Driving License or Passport Number of company representatives attending the site visit no later than 16:00 hours GMT on 17 May 2018 via email to: tyler.walker.4@us.af.mil and jacob.horton.1@us.af.mil.

O.2 All questions received during the site visit will be recorded in writing and answers will be published at www.fbo.gov within five working days after the site visit.

O.3 Expenditures that are made to attend the site visit are at the offeror's risk; The Government is not obligated to reimburse costs for attending the site visit.

O.4 In no event shall failure to inspect the site and/or attend the site visit constitute grounds for a claim(s) after contract award.

48th Fighter Wing (USAFE)

P. Specific Instructions:

P.1 Factor 1- Price- Complete all areas within the offer Sheet (Attachment 2) ensuring that prices for the requirement are correctly calculated for summary totals that equate to prices provided at the Contract Line Item Number (CLIN) and Sub-CLIN level. All prices shall be submitted in U.K. Pounds.

a) Firm Fixed Priced Offers; the Government contemplates award of a Firm Fixed Priced contract resulting from this solicitation.

Accordingly, proposed pricing by offerors shall be firm-fixed, and not subject to revision and/or negotiation if selected for contract award.

b) Offeror shall separately price each CLIN and Sub-CLIN. Complete all areas within the Offer Sheet ensuring that unit and extended prices for the required quantities are correctly calculated for summary totals that equate to prices provided at the CLIN/Sub-CLIN level. Evaluation of 52.217-8 option shall not obligate the Government to award/exercise the option.

c) All offers shall be submitted in U.K. Pounds. All other forms of currency will not be accepted.

P. 2- Factor 2- Technical - Limited to no more than total 15 pages.

Sub-factor 1 - Quality Control Plan: The offeror shall provide a Quality Control Plan (QCP) that describes the approach the offeror will use to perform to the standards detailed in Attachment 1, PWS. The overall control of quality must meet the specified performance thresholds for each requirement in the Service Summary. Note that if selected for award, your QCP will be incorporated into the contract by reference and will be monitored for compliance on the Service Summary as a performance objective item, and rated accordingly by the Government at the Contractor Performance Assessment Reporting System (CPARS) Dept of Defense (DoD) database. The plan shall include:

a) A thorough and clear description in detail of the methods, processes, and procedures for ensuring performance meets the standards of the PWS;

b) A description of the offeror's inspection system to effectively meet the quality thresholds defined in the Service Summary (SS) in paragraph 2.0 of the PWS. Description shall include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, how inspections will be documented, how feedback will be provided to employees, and the title and organizational placement of the inspectors. This should include processes for interfacing with the assigned Contracting Officer's Representatives (CORs);

c) A description of the methods, checklists, and processes to be used to identify and rectify any deficiencies in the quality of service provided;

d) An explanation of the offeror's process to ensure all locations receive service to the standards of the PWS during employee absences (temporary or permanent);

e) An explanation of the process to ensure staff are performing duties in accordance with the work schedule that has been provided to the CORs;

f) If any services are sub-contracted or a teaming arrangement is proposed, an explanation of how you intend to coordinate performance to meet the standards of the PWS.

Sub-factor 2 - Management/Manpower Plan: The offeror shall provide a Management/Manpower Plan that describes how the offeror will obtain and manage personnel and resources to successfully perform the work detailed in the PWS. The plan shall include:

a) A detailed explanation of your approach to recruit and retain personnel and ensure continuity and the sharing of all relevant contract information in the event of a change of personnel or change in workload quantities;

b) An explanation of the process to ensure adequate equipment is available to enable staff to perform all the required tasks to the standard of the PWS at each location;

48th Fighter Wing (USAFE)

c) Procedures for meeting requirements for contractor record keeping and reporting to meet the requirements of section 1.4.1 of the

PWS;

d) A thorough and clear description of the employee training process including a description of the methods of documenting and certifying training required by US or UK law or the PWS (including UK Health and Safety standards, HAZMAT and Hazardous Waste Training, and Anti-Terrorism) are successfully met;

e) An organizational chart (to include proposed manning for all locations) that would support contract performance if awarded the contract. Organizational chart shall provide details of the individuals and the key positions that they hold to include details of their relevant experience in managing a contract of this type;

f) An explanation of the procedures to safeguard and control any government-provided passes, keys or lock combinations to include informing the Government of contractor personnel departures and insuring that all government-issued items are returned and access revoked; and

g) An explanation of how the offeror will interface and communicate with the Government regarding contractual matters to include key positions and describe their qualifications, descriptions of proposed management personnel.

Sub-factor 3. Prior Experience. The offeror shall provide evidence of two contracts of same/similar performance and/or scope of work as the PWS. Contract performance shall be within the last four years with a total contract value of at least £1.5 million (GBP) each.

Evidence of prior experience shall include the following information:

Company/Division/Agency/Customer name

Description of service provided

Contract number

Contract value

Period of Experience

Verified, up-to-date name, address, email of company representative.

Contracting office contact information

Evaluation Criteria

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

Addendum to FAR 52.212-2 - Evaluation-Commercial Items

A. Basis for Contract Award: Using FAR Part 13.5, Simplified Acquisition Procedures, the Government will award a contract to the Lowest Price Technically Acceptable (LPTA) offeror, based on the following factors:

Factor 1: Price

Factor 2: Technical

Sub-factor 1: Quality Control Plan

Sub-factor 2: Management/Manpower Plan

Sub-factor 3: Prior Experience

B. The Government intends to make an award without conducting interchanges. However, the Government reserves the right to enter

48th Fighter Wing (USAFE) into interchanges with some, all or none of the offerors regarding their offer at any time during the evaluation if deemed in the best interest of the Government.

C. Evaluation Procedures. The Government will use the following procedures to evaluate offers.

1) Establish a Total Evaluated Price (TEP) for each responsive offer received. The TEP will be determined by adding extended price of all CLINs, to include FAR 52.217-8 six month option. The evaluation of the six month option does not obligate the Government to exercise the option.

2) Rank offers by TEP; to include the 6 month option to extend clause incorporated via FAR 52.217-8.

3) Evaluate the lowest three (3) TEPs for technical acceptability in accordance with paragraph D below. If the three lowest TEPs are not found to be technically acceptable, the next lowest TEP will be evaluated for technical acceptability. This process will continue until a offer has been found technically acceptable and/or all offers have been evaluated.

4) Determine price reasonableness in accordance with paragraph D below.

5) Award will be made to the LPTA offer.

D. Evaluations. The following factors shall be used to evaluate offers:

Factor 1: Price

Factor 2: Technical

a. Sub-factor 1: Quality Control Plan

b. Sub-factor 2: Management/Manpower Plan

c. Sub-factor 3: Prior Experience

1. Factor 1 - Price:

1.1 Comparisons of the proposed pricing by an offeror received in response to the solicitation will be evaluated as an aggregate total representing a Total Evaluated Price (TEP). For evaluation purposes, the Government will calculate a Total Evaluated Price (TEP) by adding the extended price for each CLIN. Additionally, a price for the six-month extension authorized by FAR 52.217-8, Option to Extend Services, will be added to the total arrived at above. The price for the six-month extension will be calculated using 50% of the totaled extended price for CLINs 0001 - 0012. Evaluation of the option period will not obligate the Government to exercise the option.

1.2 All offers shall be submitted in U.K. Pounds. All other forms of currency will not be accepted.

1.3 Price Reasonableness: The price information submitted in each offeror's price as required by the Addendum to FAR 52.212-1 - Instructions to Offerors - Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. The Government may use any of the price analysis techniques IAW FAR 15.404-1(b) and IAW FAR 15.404-1(g) if deemed necessary.

2. Factor 2 - Technical. The offer shall be evaluated for completeness in thoroughly addressing each of the areas identified in 52.212-1 Addendum and 52.212-2 Addendum to include compliance with the PWS. Offers will be evaluated on the requirements of the PWS at the sub-factor level on an “Acceptable” or “Unacceptable” basis. To be determined technically acceptable at the Factor level, the Offeror must be rated as “acceptable” for all sub-factors. Any Sub-factor rating of “Unacceptable” under the “Technical” factor shall render the entire factor “Unacceptable.” The Government's technical evaluation team shall evaluate the technical information on an acceptable/unacceptable basis, as stated below:

Technical Criteria Ratings:

Acceptable - Offer meets the requirements of the solicitation

48th Fighter Wing (USAFE)

Unacceptable - Offer does not meet the requirements of the solicitation.

Technical acceptability will be evaluated against the following sub-factors:

2.1 Sub-factor 1: Quality Control Plan - This sub-factor is met when the offeror has thoroughly addressed all QCP activities identified in 52.212-1 Addendum, Quality Control Plan paragraphs a through f. This includes: thorough and clear descriptions for methods, processes, and procedures for ensuring performance meets requisite standards; a description of the offeror's inspection system to effectively meet quality thresholds defined in the Service Summary; a description of methods, checklists, and processes used to identify and correct deficiencies; an explanation of the offeror's process to ensure all locations receive service to the standard of the PWS during employee absences; explanation of the process used to ensure staff are performing duties in accordance with the schedule; and an explanation of coordinating performance of sub-contractors or team members, as applicable.

2.2 Sub-factor 2: Management/Manpower Plan - This sub-factor is met when the offeror has thoroughly addressed all management activities identified in 52.212-1 Addendum, Management Plan paragraphs a through g. This includes: approach to recruit and retain personnel; process to ensure adequate equipment is available to perform required work; procedures to meet record-keeping requirements; description of employee training processes; an organizational chart to support contract performance; processes and procedures for safeguarding Government-provided passes, keys, or lock combinations; and an explanation of how the offeror communicate with the Government regarding contractual matters.

2.3 Sub-factor 3: Prior Experience-This sub-factor is met when the contractor provides verifiable evidence of performance of two contracts of similar scope of work as this PWS. Contract performance shall be within the last four years with a total contract value of at least $2 million (USD) each. A complete submission includes the following:

Company/Division/Agency/Customer name

Description of service provided

Contract number

Contract value

Period of Experience

Verified, up-to-date name, address, email of company representative

Contracting office contact information

Clauses and Provisions

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their 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.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I ✖

52.203-13, Contractor Code of Business Ethics and Conduct ✖

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards ✖

48th Fighter Wing (USAFE)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment ✖

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters ✖

52.222-19, Child Labor--Cooperation with Authorities and Remedies✖

52.222-21, Prohibition of Segregated Facilities ✖

52.222-26, Equal Opportunity ✖

52.222-50, Combating Trafficking Persons✖

52.222-54, Employment Eligibility Verification ✖

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ✖

52.225-13, Restrictions on Certain Foreign Purchases✖

52.232-33, Payment by Electronic Funds Transfer--System for Award Management✖

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

Clauses Incorporated by Reference:

52.203-3, Gratuities

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-12, Limitation on Payments to Influence Certain Federal Transactions

52.203-17, Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements -- Representation

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.212-1, Instructions to Offerors -- Commercial Items

52.232-18, Availability of Funds

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-4, Applicable Law for Breach of Contract Claim

52.242-13, Bankruptcy

52.253-1, Computer Generated Forms

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirements to Inform Employees of Whistleblower Rights

252.203-7003, Agency Office of the Inspector General

252.203-7005, Representation Relating to Compensation of Former DoD Officials

48th Fighter Wing (USAFE)

252.204-7003, Control of Government Personnel Work Product

252.204-7004 Alt A, System for Award Management Alternate A

252.204-7009, Limitations on these or Disclosure of Third-Party Contractor Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.205-7000, Provision of Information to Cooperative Agreement Holders

252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.222-7002, Compliance with Labor Laws (Overseas)

252.225-7005, Identification of Expenditures in the United States

252.225-7032, Waiver of United Kingdom Levies -- Evaluation of Offers

252.225-7033, Waiver of United Kingdom Levies

252.225-7041, Correspondence in English

252.225-7043, Antiterrorism/Force Protection for Defense

252.225-7048, Export-Controlled Items

252.229-7000, Invoices Exclusive of Taxes or Duties

252.229-7006, Value Added Tax Exclusion (United Kingdom)

252.229-7007, Verification of United States Receipt of Goods

252.229-7008, Relief from Import Duty (United Kingdom)

252.229-7010, Relief From Customs Duty on Fuel (United Kingdom)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7008, Assignment of Claims (Overseas)

252.232-7010, Levies on Contract Payments

252.233-7001, Choice of Law (Overseas)

252.243-7002, Request for Equitable Adjustment

252.244-7000, Subcontracts for Commercial Items

Clauses Included by Full Text:

52.209-7, Information Regarding Responsibility Matters (Jul 2013)

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

48th Fighter Wing (USAFE)

“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 proceeding 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)

52.212-3, Offeror Representations and Certifications -- Commercial Items (Nov 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and

48th Fighter Wing (USAFE) certification electronically via the System for Award Management (SAM) Web site located at http://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--

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

It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

“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.

48th Fighter Wing (USAFE)

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology --

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

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

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

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

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

(1) Means a small business concern --

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

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

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

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

“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

48th Fighter Wing (USAFE)

124.104) individuals who are citizens of the United States; and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

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

48th Fighter Wing (USAFE) 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

(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)

48th Fighter Wing (USAFE) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)

(1) of this provision.] The offeror represents, as part of its offer, that--}

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.