FA660618Q0002_Conformed_Solicitation.docx

FA6606-18-Q-0002

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0006

The purpose of this amendment is to extend the response date for quotes from 11 July 2018 to 16 July 2018. This extension is to allow additional time for the vendors to review a question/response clarification.

Question: Clin 0018 is looking for the cost for the estimated 600 tons per year but to put items 2-6 on Table A1 in Clin 0003. I am confused because the 600 tons should include everything by adding disposal fee to the wood and mixed paper that is going to increase the estimated tonnage on that clin where in the past that was all included in the 600 tons or clin 0018.

Response: additional information/description for CLINs 0003 and 0018.

CLIN 0003 should be the cost to set out and pick up the 6 non-MSW dumpsters, called out as items 2-5 in Table A1 and further defined in Item 9 of Table A2, which are located in the Recycling/Transfer Station yard. All fees associated with servicing these 6 dumpsters is included in this CLIN. The 2 MSW dumpsters in the yard are covered under CLIN 0001 as explained in the previous amendment. Note that Item 6, Timber/Wood Waste, is considered a MSW and this tonnage is accounted for in Item 1 in Table A1. In other words, the estimated 600 Tons is the total to include all 17 MSW dumpsters and the timber/wood dumpster.

CLIN 0018 is the estimated cost to dispose of the 600 Tons of MSW called out as Item 1 Table A1.

In the event you have already submitted a quotation to this requirement, you will only need to resubmit the Bid Schedule, signed cover page and the CLIN pricing (from solicitation), along with all signed amendments not previously submitted as applicable. If you have not than you shall submit all submittal requirements addressed in the solicitation.

To submit your requirement please read the instructions addressed in the below link .

https://safe.amrdec.army.mil/safe/Guide.aspx

All other terms and conditions remain unchanged and in full effect

Section SF 1449 - CONTINUATION SHEET

Municipal Solid Waste Collection

FFP

IAW PWS para 1.1.1.1 and Appendix A - Table A2.

FOB: Destination

PURCHASE REQUEST NUMBER: F5N3CR6159AW01

NET AMT

Recyclable Collection

NET AMT

Unscheduled Items

Pickup and special events IAW PWS 1.1.3.1, See Exhibit A -Table A2 for Pricing

NET AMT

Base Operating Recycling Center

IAW PWS 1.2

NET AMT

Landfill Fees - Tipping Fees

IAW PWS 1.5, See EXhibit A. This line item does not require pricing

NET AMT

Landfill Fees - Tipping Fees

NET AMT

Contract Data Requirements List

PWS 1.1.10 & 1.5

NET AMT

FFP

IAW PWS para 1.1.1.1 and Appendix A - Table A2.

NET AMT

FFP

PWS 1.2

NET AMT

FFP

NET AMT

FFP

NET AMT

Landfill Fees - Tipping Fees

PWS 1.5 See Exhibit A.

NET AMT

FFP

NET AMT

FFP

PWS 1.1.10 & 1.5

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

Landfill Fees - Tipping Fee

PWS 1.5.

NET AMT

FFP

NET AMT

Contract Data Requirements List

NET AMT

Municipal Waste Collection

PWS 1.1.1.1. AW PWS para 1.1.1.1 and Appendix A - Table A2.

NET AMT

FFP

IAW PWS para 1.1.1

NET AMT

FFP

NET AMT

FFP

NET AMT

Landfill Fees - Tipping Fees

NET AMT

FFP

NET AMT

Contract Data Requirements List

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

ESTIMATED

NET AMT

FFP

NET AMT

Landfill Fees - Tipping Fees

PWS 1.5

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

IAW PWS 1.1.1.1 See Exhibit A -Table A2 for Pricing.

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

ESTIMATED

NET AMT

Landfill Fees - Tipping Fees

NET AMT

FFP

NET AMT

FFP

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2019

RICHARD B. COLBURN, JR.

250 PATRIOT AVENUE

WESTOVER ARB MA 01022-1670

F5N3CR

31-AUG-2019

F5N3CR

31-AUG-2019

F5N3CR

31-AUG-2019

F5N3CR

30-AUG-2019

F5N3CR

31-AUG-2019

F5N3CR

31-AUG-2019

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2020

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2021

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2022

F5N3CR

31-AUG-2023

F5N3CR

31-AUG-2023

F5N3CR

31-AUG-2023

F5N3CR

31-AUG-2023

F5N3CR

31-AUG-2023

F5N3CR

31-AUG-2023

F5N3CR

31-AUG-2023

F5N3CR

31-MAR-2024

F5N3CR

31-MAR-2024

F5N3CR

31-MAR-2024

F5N3CR

31-MAR-2024

F5N3CR

31-MAR-2024

F5N3CR

31-MAR-2024

F5N3CR

31-MAR-2024

F5N3CR

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

CLAUSE(S) 52.212-1 - ADDENDUM FAR 52.212-1

Addendum to FAR 52.212-1

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS QUOTE PREPARATION INSTRUCTIONS

1. To assure timely and equitable evaluation of quote’s, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Failure to meet a requirement may result in a quote being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of one part; Price Quote

1. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 13 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of price.

1. Price Quote– Submit original and (1) copy. Request Quote Acceptance Through 31 July 2018

1. Standard Form (SF 1449) Complete blocks 12, 17a, 24 (Total with base and all option Year CLINS) 30a (signature), 30b (Name and Title Printed), and 30c (Date) of the RFQ, SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the RFQ. This RFQ constitute the model contract. The contractor is required to sign and return any amendments before RFQ due date.

1. Insert the proposed unit price in solicitation SF 1449 Continuation sheet for Contract Line Item Numbers CLINS 0001 through 5020. The extended amount must equal the whole dollar unit price multiplied by the number of units. Then provide a total for each year the RFQ for each CLIN, including Basic Year and all OPTION Periods. Attached Bid Schedule shall be completed and submitted with completed SF1449.

1. Complete the necessary fill-ins and certifications in the RFQ and return fill-ins in their entirety.

1. If applicable, provide a copy of the letter from the Small Business Administration (SBA) as to status.

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

1. Requirements of the RFQ (Contract Line Item Numbers (CLINs), Performance Work Statement and attachments including amendments.

1. Evaluating factors for award set forth in FAR 52.212-2 of this RFQ.

1. Financial Resources: Offerors shall submit a financial capability letter from their financial institution. This letter will be used in the Contracting Officer’s determination of responsibility.

Quotes ARE DUE NO LATER THAN 10:00 am EASTERN STANDARD TIME (EST) 21 May 2018. ONLY MAILED OR HAND DELIVERED PROPOSALS WILL BE ACCEPTED.

MAILING ADDRESS: 439 CONF/PKA

Attn: Theresa M. Elkins 250 Airlift Drive Westover Air Reserve Base Chicopee, MA 01022

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:

Price Only

(SEE ADDENDUM FAR 52.212-2)

(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.

CLAUSE(S) 52.212-2 - ADDENDUM FAR 52.212-2

Addendum to FAR 52.212-2 – Evaluation-Commercial Items

BASIS FOR AWARD

Price Only evaluation will be used as basis of award. The Government intends to select for award the single responsible quote whose proposal conforms to the solicitation, that proposes a price that is reasonable, and balanced. The government intends to make an award without communications. The first step of the evaluation process will be to calculate the total evaluated price for each quoter. The offers will then be ranked from lowest to highest. The second step of the evaluation process is to complete a price analysis on each quote for reasonableness and balance. If the price is determined to be reasonable and balanced, an award will be made to the lowest quoter. If the lowest priced quote is is not reasonable and balanced, then award will be made to the next lowest quoter.

Price Quote

The Quoter’s Price Quote will be evaluated for reasonableness and balance. See paragraphs (a) and (b) below. Total Evaluated Price (TEP) will be calculated in accordance with paragraph (c) below.

1. Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness. Price Analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

1. Balance: Quoters are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of proposal analysis techniques. The Government shall analyze quotes to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related to price and quality changes within each quoters response to the pricing structure in Section B. Quotes that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

1. Total Evaluated Price; A Total Evaluated Price (TEP) will be used and will be calculated as follows: The total evaluated price will be computed by multiplying the quantity on the Solicitation CLINS, by the unit price for each line item. The total evaluated price will be the sum of all CLINS including the Basic and Option years.

CLAUSE(S) 52.212-2 - ADDENDUM FAR 52.212-2

Addendum to FAR 52.212-2 – Evaluation-Commercial Items

BASIS FOR AWARD

Price Only evaluation will be used as basis of award. The Government intends to select for award the single responsible quote whose quote conforms to the solicitation, that proposes a price that is reasonable, and balanced. The government intends to make an award without communications. The first step of the evaluation process will be to calculate the total evaluated price for each quoter. The quotes will then be ranked from lowest to highest. The second step of the evaluation process is to complete a price analysis on each quote for reasonableness and balance. If the price is determined to be reasonable and balanced, an award will be made to the lowest quoter. If the lowest priced quote is is not reasonable and balanced, then award will be made to the next lowest quoter.

Price Quote

The Quoter’s Price Quote will be evaluated for reasonableness and balance. See paragraphs (a) and (b) below. Total Evaluated Price (TEP) will be calculated in accordance with paragraph (c) below.

1. Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness. Price Analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 13.106-3(a) may be required to support the proposed price.

1. Balance: Quoters are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of price analysis techniques. The Government shall analyze quotes to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related to price and quality changes within each quoters response to the pricing structure in Section B. Quotes that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

1. Total Evaluated Price; A Total Evaluated Price (TEP) will be used and will be calculated as follows: The total evaluated price will be computed by multiplying the quantity on the Solicitation CLINS, by the unit price for each line item. The total evaluated price will be the sum of all CLINS including the Basic and Option years.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (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.

“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,…