FA8052-12-R-0005 Solicitation and PWS Combined.pdf

773 ESS/PK

3515 S. GENERAL MCMULLEN, STE 200

SAN ANTONIO TX 78226-1865

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$7M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA8052-12-R-0005 06-Mar-2012

b. TELEPHONE NUMBER

210-395-9554

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 21 Mar 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX:

NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA8052

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTOPHER D RIEPER

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

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

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

SEE SCHEDULE

611310

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F1ATB11325A001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA8052-12-R-0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Lean Healthcare Training Session 1

FFP

Conduct training session IAW the attached Performance Work Statement dated 9

February 2012.

FOB: Destination

NSN: Q999-12-325-A001

PURCHASE REQUEST NUMBER: F1ATB11325A001

SIGNAL CODE: A

NET AMT

0002 1 Each Lean Healthcare Training Session 2

FFP

Conduct training session IAW the attached Performance Work Statement dated 9

February 2012.

FOB: Destination

NSN: Q999-12-325-A001

NET AMT

0003 Dollars, U.S.

Travel

COST

A. Travel arrangements shall be in accordance with the Joint Travel Regulation

(JTR), Volume II and approved prior to travel by the Contracting Officer's

Representative (COR).

B. Trips must be in direct support of this contract's efforts.

C. The Contractor will provide travel on a cost reimbursable basis only, the not to exceed amount for travel is set to $2,500.00.

FOB: Destination

ESTIMATED COST

0004 Dollars, U.S.

CEU Accreditation

COST

Accreditation costs will be reimbursable on a no-profit basis on a per-student basis. The Contractor will prove cost reasonableness upon submittal of proposals for accreditation.

FOB: Destination

ESTIMATED COST

52.212-1 ADDENDUM

FAR 52.212-1

INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (Jun 2008)

This section is for solicitation purposes only. This section will be physically removed from any resultant award, but will be deemed incorporated by reference.

LOWEST PRICE TECHNICALLY ACCEPTABLE ACQUISITION

(IAW FEDERAL ACQUISITION REGULATION FAR PART 12 AND 15.101-2)

ADDENDUM - 52.212-1, Instructions to Offerors – Commercial Items

Each Offeror is required to submit their proposal as specified in Request for Proposal (RFP) provision 52.212-1, Instructions to Offerors-Commercial Items, along with the following addendum. Failure to provide any required information may result in an offer being determined non-responsive.

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all commercial solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts, Part I – Technical

Capability and Management, and Part II – Pricing.

B. General Instructions: This is a Lowest Price Technically Acceptable (LPTA) acquisition.

Technical Capability and Management will be evaluated and given ratings of acceptable or unacceptable. Unacceptable offers are not eligible for award. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Offerors shall describe in detail their proposed approach. Offerors shall use the Government-provided

Performance Work Statement (PWS) to develop their technical approach. Offerors shall specifically explain how their approach will meet the key requirements of the PWS. Offerors shall explain how their approach allows for flexibility to incorporate schedule and personnel changes, without a major schedule slip of the requirement. Offerors shall explain how their approach and choice of personnel will accomplish the tasks outlined in the PWS. Offerors shall not merely reiterate the objectives or reformulate the requirements specified in the solicitation or will be deemed technically unacceptable. Award will be made based on an integrated assessment of the evaluation factors. It is our intent to award a contract to the contractor who will provide the best overall value to the Air Force as determined by an integrated assessment. The proposal instructions in this section are designed to assist offerors in preparing a complete response that reflects a full understanding of the approach proposed to accomplish all work required herein.

C. SPECIFIC INSTRUCTIONS.

1. PART I – TECHNICAL CAPABILITY AND MANAGEMENT

Technical Capability Proposals will be given a rating of Acceptable or Unacceptable.

Determination Definition

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

A technically acceptable proposal shall have a sound technical approach that meets all (a)

Performance Work Statement (PWS) requirements; (b) demonstrates technologies used in the approach are viable, procurable and producible; (c) proposal has an approach that allows the flexibility to incorporate new technologies without a major revamp of the requirement; (d) has a sound risk mitigation approach for all identified technical risks; and provides an effective approach to manage and minimize schedule and personnel disruptions.

Factor 1. Technical Capability

Sub-Factor 1: Address how the Lean For Healthcare course of instruction will fit the needs of the AFMS.

The proposal shall:

a. Address the degree to which the contractor’s proposed training will instruct participants in how to identify high-leverage areas for improvement in accordance with tasks outlined in the PWS. (PWS paragraph 1.3, 2.1.1)

Sub-Factor 2: Demonstrate how the contractor will ensure CME/CEU credits are awarded for participants.

The proposal shall:

a. Address the contractor’s ability to meet the requirements of the essential areas and policies of the Accreditation Council for Continuing Medical Education.

(PWS paragraph 2.1.7)

b. Address the contractor’s plan for overseeing and awarding CME/CEU credits for the training in accordance with tasks as described in the PWS. (PWS paragraphs 2.1.6, 2.1.8)

Sub-Factor 3: Address instructor’s level of experience in providing classroom instruction and hands-on simulation/learner interaction.

The proposal shall:

a. Clearly demonstrate knowledge of tools and concepts such as value stream mapping, standardized work, A-

3 reporting, Lean leadership, Six Sigma/Lean Healthcare integration, Lean facility design and maintenance.

(PWS paragraph 2.1.4)

b. Clearly demonstrate a sound knowledge and application of Lean philosophies and tools in a simulated environment. (PWS paragraphs 2.1.4).

c. Clearly demonstrate how the hands-on interaction part of the instruction will be conducted as described in the PWS. (PWS paragraph 2.1.1, 2.1.4).

2. PART II – PRICE PROPOSAL

a. Complete blocks 12, 17a (including cage code), 26, 30a, 30b, and 30c of the Standard Form

(SF) 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP.

The RFP constitutes the model contract. Provide signed SF 1449 and signed SF 30/Amendments, if applicable. All solicitation amendments must be acknowledged in accordance with FAR 52.212-1, Instruction to Offerors-Commercial Items and submitted with the proposal. Include name, title, and signature of individual authorized to sign on behalf of the company.

b. Insert proposed unit and extended prices in the Schedule of Supplies/Services for each Contract Line

Item (CLIN) or Sub CLIN (SCLIN), including all option periods. The extended amount must equal the whole dollar unit price multiplied by the number of units.

c. Complete the necessary fill-ins and certifications and Representations and Certifications in solicitation and return in their entirety.

3. The Government reserves the right to make award without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the contracting officer later determines them to be necessary. If the Government awards without discussions, the offeror’s may be given the opportunity to clarify certain aspects of proposals or to resolve minor clerical errors.

4. The offeror’s proposal shall include all data and information requested and shall be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Performance Work

Statement. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation, rendering it ineligible for award.

5. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror’s proposal. The offeror’s proposal must convey to the Government that the offeror is capable; possesses sufficient technical expertise and experience; possesses sufficient resources; and is able to plan, organize, and use those resources in a coordinated and timely fashion such that technical requirements will be achieved and costs will be controlled.

6. Offerors should address questions, concerns, or requests for clarification in writing via email only. Questions received via telephone, fax, or letter will not be answered. All questions, concerns, or requests for clarification must be received by the point(s) of contact (POCs) listed below by no later than Monday, 19 March, 2012 at

4:00 PM CENTRAL STANDARD TIME (CST). Please send copies of questions to all recipients at the email address indicated below. You may confirm receipt of your questions by calling Christopher Rieper at

(210) 395-9554. The 773 ESS/PK assumes no responsibility for non-delivery due to problems with email servers, and no extensions will be granted for these matters. The 773 ESS/PK will post an amendment to this solicitation to the FBO site at https://www.fbo.gov/ answering questions when received. We will not post duplicate questions.

Christopher Rieper Melissa A. Fields

Contract Specialist Contracting Officer christopher.rieper@us.af.mil melissa.fields@us.af.mil christopher.rieper.1.ctr@us.af.mil mailto:christopher.rieper.1.ctr@us.af.mil

EACH PROPOSAL MUST HAVE THE FOLLOWING:

Volume Title Copies Delivery

Instructions/Limitations

I.

Technical

Capability Volume

Due Wednesday, 21

March 2012 at

1:00 PM

Factor 1: Technical

Capability

Sub-Factor 1

Sub-Factor 2

Sub-Factor 3

(Original plus one copy)

Limit to no more than 25 pages

II.

Price

Due Wednesday, 21

March 2012 at

1:00 PM

Factor 2: Price

Proposal

(Original plus one copy)

No page limit

Provide signed SF1449

7. In addition to these requirements, provide the following on the cover page (not included in the page count) of each volume:

(a) Solicitation title and number;

(b) Name, address, and contact information of offeror;

(c) Name of volume;

(d) Date of proposal and validity date; and

(e) Indication of whether the volume is an original or copy

8. Each volume shall have a table of contents. All attachments or appendices shall be identified in the table of contents. All attachments or appendices shall be included in the page count, unless otherwise specified. The

Table of Contents will not be included in the page count.

9. All volumes shall contain page numbers. Offeror shall use a standard page numbering system. All critical information from any appendices shall be summarized in the technical proposal.

10. If page limitations are exceeded, the excess pages will not be read or considered in the evaluation of the proposal.

11. Classified Information: All information shall be unclassified.

12. Proposal Distribution: The ―original‖ proposal shall be identified and either mailed or hand carried to:

Attn: Melissa A. Fields or Christopher Rieper

2261 Hughes Ave, Suite 158

San Antonio, TX 78226-9854 (US Mail)

Or

Attn: Melissa A. Fields or Christopher Rieper

3515 S. General McMullen, Suite 200

San Antonio, TX 78226-1865 (FedEx/UPS)

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

1. Requirements of the RFP (CLINS and PWS) and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award in accordance with FAR 52.212-2- Evaluation of

Commercial Items.

3. Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in Addendum to FAR 52.212-1 Instructions to Offerors- Commercial Items, will not be evaluated, and will be removed from the proposal.

4. Format for proposal Part I shall be as follows:

(a) The proposals will be 8 ½‖ x 11‖ paper except for fold-outs used for charts, tables or diagrams, which may not exceed 11‖ x 17‖.

(b) A page is defined as one face of a sheet of paper containing information.

(c) Typing shall not be less than 12 pitch, Times New Roman.

(d) Elaborate formats, bindings or color presentations are not desired or required.

E. Additional Information

1. Notice of Award: 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 agreement 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.

2. Discrepancies: If an offeror believes that the requirement in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting

Officer in writing with supporting rationale.

3. Competitive Range: The Contracting Officer may determine that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted. In accordance with FAR 15.306(c)(2) the Contracting

Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals (10 U.S.C.

2305(b)(4) and 41 U.S.C. 253b(d)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

4. Final Proposal Revisions: If discussions are conducted, final proposal revisions may be required at the Government’s discretion.

5. Debriefings: If a competitive range determination is made, the Contracting Officer will promptly notify offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance within the competitive range of the source selection decision, in accordance with FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

6. Information Regarding Submission of Proposal: Mailed or hand carried proposals must be delivered to Melissa A. Fields or Christopher Rieper. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

(End of Provision)

52.212-2 ADDENDUM

FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS (Jan 1999)

This section is for solicitation purposes only. This section will be physically removed from any resultant award, but will be deemed incorporated by reference.

LOWEST PRICE TECHNICALLY ACCEPTABLE ACQUISITION

(IAW FEDERAL ACQUISITION REGULATION FAR PART 12 AND 15.101-2)

ADDENDUM - 52.212-2, Evaluation – Commercial Items

This is a competitive Lowest Price Technically Acceptable (LPTA) acquisition in which award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and sub factors. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Evaluate Technical, Rank by Price

Step 1 - Evaluate all proposals for technical acceptability.

Step 2 - Evaluate price reasonableness of all technically ―acceptable‖ proposals, then rank by total evaluated price.

A. Technical Acceptability. Initially, the government technical evaluation team shall evaluate the technical proposals on a pass/fail basis, assigning ratings of acceptable or unacceptable. The proposals shall be evaluated against the following factors:

Factor 1. Technical Capability

Sub-Factor 1: Address how the Lean For Healthcare course of instruction will fit the needs of the AFMS.

The proposal shall:

a. Address the degree to which the contractor’s proposed training will instruct participants in how to identify high-leverage areas for improvement in accordance with tasks outlined in the PWS. (PWS paragraph 1.3, 2.1.1)

Sub-Factor 2: Demonstrate how the contractor will ensure CME/CEU credits are awarded for participants.

The proposal shall:

a. Address the contractor’s ability to meet the requirements of the essential areas and policies of the Accreditation Council for Continuing Medical Education.

(PWS paragraph 2.1.7)

b. Address the contractor’s plan for overseeing and awarding CME/CEU credits for the training in accordance with tasks as described in the PWS. (PWS paragraphs 2.1.6, 2.1.8)

Sub-Factor 3: Address instructor’s level of experience in providing classroom instruction and hands-on simulation/learner interaction.

The proposal shall:

a. Clearly demonstrate knowledge of tools and concepts such as value stream mapping, standardized work, A-3 reporting, Lean leadership, Six Sigma/Lean Healthcare integration, Lean facility design and maintenance. (PWS paragraph 2.1.4)

b. Clearly demonstrate a sound knowledge and application of Lean philosophies and tools in a simulated environment. (PWS paragraphs 2.1.4).

c. Clearly demonstrate how the hands-on interaction part of the instruction will be conducted as described in the PWS. (PWS paragraph 2.1.1, 2.1.4).

B. Factor 2 - Price Evaluation. Next, the Government shall rank all technically acceptable offers by price, including any option prices if applicable. An offeror’s proposed prices will be determined by multiplying the quantities identified in Section B by the proposed unit price for each Contract Line Item Number (CLIN) or Subcontract Line Item Number to confirm the extended amount for each. Prices will be compared to the Independent Government Cost

Estimate and other prices received. The price evaluation will document the reasonableness, realism, and balance of the proposed total evaluated price.

(1) Reasonableness of offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.305 (a) (1) and (4). For the cost to be reasonable, it must represent a price that provides best value to the Government when consideration is given to prices in the market, technical and functional capabilities of the offeror and risk.

(2) Realism is evaluated by assessing the compatibility of proposed costs with proposal scope and effort. For the price to be realistic, it must reflect what it would cost the offeror to perform the effort if the offeror operates with reasonable economy and efficiency.

Proposals unrealistically high or low in price, when compared to the Government’s independent cost estimate and the market price, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.

(3) Balance – A proposal is determined to be unbalanced when despite the total evaluated price, the price of one or more CLINs is significantly overstated or understated as indicated by the application of analysis techniques. The Government shall analyze each offer to determine whether they are unbalanced with respect to separately priced line items. Prices proposed will be compared and evaluated to assure that a logical progression exists as related to price and quantity changes.

Offerors are cautioned to submit sufficient information and in the format specified in Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items. 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.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-APR-2012 TO

20-APR-2012

N/A N/A

FOB: Destination

0002 POP 01-APR-2012 TO

0003 POP 01-APR-2012 TO

0004 POP 01-APR-2012 TO

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Central Contractor Registration APR 2008

52.209-5 Certification Regarding Responsibility Matters APR 2010

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

52.212-2 Evaluation - Commercial Items JAN 1999

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004

52.219-6 Notice Of Total Small Business Set-Aside JUN 2003

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.222-26 Equal Opportunity MAR 2007

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims JAN 1986

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

―Economically disadvantaged women-owned small business (EDWOSB) Concern‖ means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

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

51 percent of its stock is owned by one or more women; or

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127)‖, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

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

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

4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, (

) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the

WOSB concern or concerns that are participating in the joint venture:__________ .] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation

Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR

Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private

Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ―domestic end product.‖ The terms ―commercially available off-the-shelf (COTS) item,‖ ―component,‖ ―domestic end product,‖

―end product,‖ ―foreign end product,‖ and ―United States‖ are defined in the clause of this solicitation entitled ―Buy

American Act--Supplies.‖

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ―Bahrainian, Moroccan, Omani, or Peruvian end product,‖ ―commercially available off-the-shelf (COTS) item,‖ ―component,‖

―domestic end product,‖ ―end product,‖ ―foreign end product,‖ ―Free Trade Agreement country,‖ ―Free Trade

Agreement country end product,‖ ―Israeli end product,‖ and ―United States‖ are defined in the clause of this solicitation entitled ―Buy American Act-Free Trade Agreements-Israeli Trade Act.‖

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-

Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ―domestic end product.‖

Other Foreign End Products:

Line Item No. Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

(List as necessary)

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( )…