FA8224-12-R-0022 Equipment Facility Solicitation.pdf

OO-ALC/PKEA

CINDY CHARTIER 6038 ASPEN AVE B1289 UPSTA

HILL AFB UT 84056-5805

801-586-6638

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)

35.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA8224-12-R-0022 27-Dec-2011

b. TELEPHONE NUMBER

801-586-6638

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 27 Jan 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 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.

FA8224

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F2DCAN 16. ADMINISTERED BY

809 MXSS

DEBBIE ANTHONY

7278 4TH ST BLDG 100 BAY D

HILL AFB UT 84056

TEL: 801-777-9391 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CINDY CHARTIER

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.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

561210

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

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:

1 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

FA8224-12-R-0022

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Equipment & Facility Support Labor

FFP

Contractor shall provide all management and labor necesary to clean, operate, install, relocate, modify or remove property, facilities and equipment in accordance with the attached PWS dated 22 November 2011. This IDIQ Contract supports the

309th Maintenance Wing (MXW).

Ordering Period 1 - 1 March 2012 - 28 February 2013; Ordering Period 2 - 1

March 2013 - 28 February 2014; Ordering Period 3 - 1 March 2014 - 28 February

Contractor shall provide an labor rates for the related labor categories listed in table

1.

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 1 Lot Over & Above Work

T&M

Over and Above to support CLIN 0001. When potential overtime is identifed for any task order, the overtime will be limited to 8% of the total dollar amount of

CLIN 0001. All material must be in accordance with PWS dated 22 November

2011, and approved by the COR.

Ordering Period 1 - 1 March 2012 - 28 February 2013; Ordering Period 2 - 1

March 2013 - 28 February 2014, Ordering Period 3 - 1 March 2014 - 28

February 2015.

Contractor shall not propose price for this CLIN, Government will determine pricing using Table 2, based on proposed labor rates, and historal hours.

TOT ESTIMATED PRICE

CEILING PRICE

0003 1 Lot Data

FFP

DATA to be provided IAW attached CDRLs - Not Separately Priced (NSP).

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAR-2012 TO

28-FEB-2015

N/A 809 MXSS

DEBBIE ANTHONY

7278 4TH ST BLDG 100 BAY D

HILL AFB UT 84056

801-777-9391

F2DCAN

0002 POP 01-MAR-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAR-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-2 Security Requirements AUG 1996

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

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

MAY 2011

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

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data--

Modifications

OCT 2010

52.217-2 Cancellation Under Multiyear Contracts OCT 1997

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-50 Combating Trafficking in Persons FEB 2009

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

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.232-23 Assignment Of Claims JAN 1986

52.232-25 Prompt Payment OCT 2008

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

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-4 Certification of Final Indirect Costs JAN 1997

52.242-15 Stop-Work Order AUG 1989

52.243-1 Changes--Fixed Price AUG 1987

52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000

52.245-1 Government Property AUG 2010

52.245-9 Use And Charges AUG 2010

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

52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001

52.246-25 Limitation Of Liability--Services FEB 1997

52.247-34 F.O.B. Destination NOV 1991

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-14 Excusable Delays APR 1984

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.252-2 Clauses Incorporated By Reference FEB 1998

52.252-5 Authorized Deviations In Provisions APR 1984

52.252-6 Authorized Deviations In Clauses APR 1984

52.253-1 Computer Generated Forms JAN 1991

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

252.204-7000 Disclosure Of Information DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

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

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Export-Controlled Items APR 2010

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991

252.215-7002 Cost Estimating System Requirements MAY 2011

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

FEB 2011

252.245-7002 Reporting Loss of Government Property FEB 2011

252.245-7003 Contractor Property Management System Administration MAY 2011

252.245-7004 Reporting, Reutilization, and Disposal AUG 2011

252.246-7000 Material Inspection And Receiving Report MAR 2008

252.246-7003 Notification of Potential Safety Issues JAN 2007

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(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. Period for Acceptance of Offers. The paragraph is tailored as follows: ―The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.‖

ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

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

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. 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 three (3) parts:

1. Part I - Price Proposal

2. Part II – Technical Proposal

3. Part III – Past Performance

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, 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 15.406-2 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 other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

1. PART I – PRICE PROPOSAL - Submit one (1) copy.

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Insert proposed unit and extended prices in the Pricing Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The pricing must be submitted for all ordering periods.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with the proposal.

2. PART II – TECHNICAL PROPOSAL - Submit one (1) copy. Please describe your experience in the following areas:

../../../../Documents/far/FAR15.DOC#b154062 http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?viewType=DETAIL&formId=E331497A1FE0AE1F85256A260055A47B ../../../../Documents/far/FAR52.000.doc#b522123

(a) Sub-Factor 1: Equipment Support (PWS 1.1.1)

(b) Sub-Factor 2: Facilities Support (PWS 1.1.2)

(c) Sub-Factor 3: Equipment & Training (PWS, Appendix E)

(d) Sub-Factor 4: Quality Control Plan (PWS 5.4.1)

(e) Sub-Factor 5: Safety Plan (PWS 5.12, Appendix C, and VPP clause)

3. PART III – PAST PERFORMANCE – Submit one (1) copy.

(a) Past Performance – Offeror shall provide a maximum of two relevant past performance information with organizations, contract numbers, contracting officers and points of contact (with names, address, phone numbers and email address). Offeror shall identify past or current contracts for efforts similar to the

Government requirement. Offeror is authorized to provide information on problems encountered on the identified contracts and the offeror corrective actions.

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

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

3. Please, limit number of proposal pages to 25 or under for technical proposal.

GENERAL INFORMATION REGARDING SUBMISSION OF PROPOSAL:

Electronic submittal of proposals is preferable. Email proposals to cindy.chartier@hill.af.mil. Otherwise, mail proposals to: OO/ALC-PKEAS

Attn: Cindy Chartier

6038 Aspen Ave. Bldg 1289

Hill Air Force Base Utah, 84056-5805

Late proposals will be processed in accordance with FAR 52.212-1(f) ―Late submission, modifications, revisions, and withdrawals of offers.‖

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The government will award one (1) 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:

(1) PRICE

(2) TECHNICAL FACTORS

(3) PAST PERFORMANCE

Proposals are evaluated for acceptability but not ranked using the non-cost/price factors.

mailto:cindy.chartier@hill.af.mil ../../../../Documents/far/FAR52.000.doc#b522121

(b) 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 offeror‘s specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addendum to FAR 52.212-2:

(a) BASIS FOR CONTRACT AWARD: This acquisition will utilize Lowest Price Technically Acceptable

(LPTA) source selection procedures in accordance with FAR 15.101-2 as supplemented. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable offeror with the lowest evaluated cost or price, which is deemed responsible in accordance with the

Federal Acquisition Regulation and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by 52.212-1, Instructions to Offerors of this solicitation. The Government reserves the right to award without discussions. Therefore, each 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 determined necessary by the

Contracting Officer.

(b) Evaluation Factors:

i. Factor 1 – Price. Offeror‘s must provide pricing for CLIN 0001. Initially offerors shall be ranked according to price. For CLIN 0001, offeror‘s must provide fully loaded labor rates for all labor categories under (Appendix B, PWS) and table 1. CLIN 0002 will be calculated by the Government (using table 2), offeror‘s proposed labor rates, multiplied by historical hours, then multiplied by 8 percent to determine the

Total Evaluated Price (TEP).

ii. Factor 2 – Technical Acceptability (not a tradeoff factor). Next, the government technical evaluation team shall review the technical proposal submitted by the lowest two (2) priced offeror‘s (to ensure adequate competition) on an acceptable/unacceptable basis to ensure the solicitation requirements including all stated terms, conditions, representations, certifications, and all other information required by this solicitation are met.

a. Each Technical Capability sub-factor will receive a rating of acceptable, or unacceptable. If any sub-factor is rated ―unacceptable, the entire proposal is rendered technically unacceptable, and the proposal will be removed from the competitive range. Only proposals deemed technically acceptable (either initially or as the result of discussions) will be considered for award.

i. Acceptable: The proposal meets all the minimum mandatory requirements in the solicitation identified as factors and sub-factors within the Technical Capabilities. Only those proposals determined acceptable, either initially or as a result of discussions, will be considered for award.

ii. Unacceptable: Fails to meet all the minimum mandatory requirements in the solicitation identified as factors or sub factors within the Technical Capability Evaluation Standards.

Proposals with an unacceptable rating will not be considered for award.

iii. Factor 3 – Past Performance: Next, the government technical evaluation team shall review the relevant past performance contracts submitted by the lowest priced offerors on a satisfactory/unsatisfactory/or neutral basis. In the case where an offeror cannot submit relevant past performance contracts or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/far/FAR52.000.doc#b522122

(c) Award Decision: The award decision will be made as follows:

i. Step One - Evaluate Price. The Offeror‘s price proposal will be evaluated, for ranking purposes, based upon the Total Evaluated Price (TEP). The government may determine that an offer is unacceptable if any portion of the proposal appears significantly unbalanced.

(A) Offeror‘s must provide fully burdened hourly labor rates for all labor categories under Labor Rates (Table 1) for

CLIN 0001. CLIN 0002 will be calculated by the Government (using table 2), offeror‘s proposed labor rates, multiplied by historical hours, then multiplied by 8 percent to determine the Total Evaluated Price (TEP).

ii. Step Two - Determine Technical Acceptability. The technical evaluation provides an assessment of the offeror's capability to satisfy the Government‘s requirements. The Government will evaluate lowest two (2) priced offeror‘s (to ensure adequate competition) for technical capability and determine technically acceptability or unacceptability. If unacceptable, the next lowest priced proposal will be technically evaluated. The Government will evaluate on the basis of the offeror‘s proposed technical proposal. The ratings are defined in the following paragraphs.

(A) Technical Evaluation (Sub-Factor 1): Equipment Support –To be Acceptable on this Sub-Factor the offeror must demonstrate their skills in all the services listed in section 1.1.1 of the PWS, or show a reasonable approach to how they will gain these skills. Incomplete descriptions, copies of the PWS, or one word acceptance of the PWS are unacceptable. The plan will be found either acceptable or unacceptable.

(B) Technical Evaluation (Sub-Factor 2): Facilities Support – To be Acceptable on this Sub-Factor the offeror must demonstrate their skills in all services listed in section 1.1.2 of the PWS, or show a reasonable approach to how they will gain these skills. Incomplete descriptions, copies of the

PWS, or one word acceptance of the PWS are unacceptable. The plan will be found either

(C) Technical Evaluation (Sub-Factor 3): Equipment & Training - To be Acceptable on this Sub-

Factor the offeror must demonstrate their skills and knowledge of equipment listed in Appendix E and their personnel has the training, certifications, and experience from section 5.2.4, or show a reasonable approach to how they will gain these skills. Incomplete descriptions, copies of the

PWS, or one word acceptance of the PWS are unacceptable. The plan will be found either

(D) Technical Evaluation (Sub-Factor 4): Quality Control Plan - The offeror must provide a Quality

Control Plan in accordance with PWS section 5, Quality Assurance Program. Incomplete descriptions, copies of the PWS, or one word acceptance of the PWS are unacceptable. The plan will be found either acceptable or unacceptable.

(E) Technical Evaluation (Sub-Factor 5): Safety Plan - The offeror must provide a Safety Plan in accordance with PWS section 5.12, PWS Appendix C, and the VPP clause. To be accepted, a

Safety and Health Plan must meet the minimum requirements outlined in the PWS and VPP

Solicitation /Contract Clauses (acceptable/unacceptable).

(1) The submitted TCIR and DART rates, or, injury and illness rates should be equal to or lower than the most recently published Bureau of Labor Statistics (BLS) national average for the specific SIC or NAICS code identified in the solicitation. This is data the government must keep on file as part of participating in the OSHA VPP. This submittal applies to any offeror who already has a current/accepted Master Safety and Health Plan as well. The

Safety and Health Plan clearly addresses steps to maintain and/or improve your submitted rates or other comparable data as appropriate. For any offeror who has a current/accepted Master Safety and Health Plan, this has already been addressed in that Master Safety and Health Plan.

(2) The Safety and Health Plan shall be reviewed and evaluated as either ―acceptable‖ or ―unacceptable‖. If unacceptable, the buyer/PCO may then forward those specific reasons for rejection to the offeror in order to negotiate with the offeror as necessary. If held, discussions with offerors shall be in accordance with FAR 15.306.

Any subsequent resubmissions of the Safety and Health Plan shall be reviewed for a final evaluation determination.

If an offeror fails to provide an accepted Safety and Health Plan, and that offeror is a small business, the procedures of FAR 19.601(a) shall apply.

(iii) Step Three – Past Performance: Along with relevant past performance contracts submitted, past performance information may be gathered from both Government and commercial sources. Past performance will be rated satisfactory for satisfactory and relevant performance; neutral if no contracts are submitted or found; or unsatisfactory for unsatisfactory performance.

(d) Discussions: It is the Government‘s intent to award without discussions; therefore, it is imperative that offerors submit their best terms initially. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices

(ENs), and the Final Proposal Revisions (FPRs) will be considered in making the selection decision.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 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.

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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

[List as necessary]

(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, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or…