Attachment_1_-_ASLON-45_Combined_Synopsis_Solicitation.pdf

Combined Synopsis/Solicitation

Department of the Air Force Advanced Systems and Development Directorate (SMC/AD)

Kirtland Air Force Base, New Mexico

Requirement Title:

Solicitation#: FA8818-18-R-0011

Solicitation Issue Date: Tuesday, 23 April 2019

Response Deadline: Thursday, 23 May 2019 no later than 1630 hours Mountain Daylight Time (MDT)

Point(s) of Contact: Ms. Alicia Cawley / alicia.cawley@us.af.mil / 505-846-3640

Ms. Julia Lagace / julia.lagace@us.af.mil / 505-846-9438

1. This is a combined synopsis/solicitation (combo) for commercial items utilizing FAR Subpart 13.5. This combo has been prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

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

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

Federal Acquisition Circular 2019-01 Defense Federal Acquisition Regulation Public

20181227

Air Force Federal Acquisition Circular 20180711

4. In accordance with FAR 19.502-2, this acquisition is a total small business set-aside. The North American Industry Size Classification System (NAICS) code associated with this requirement is 481212, size standard 1,500 employees applies for this proposed acquisition.

Description:

The Air Force Space and Missile Systems Center (SMC) anticipates award of a Small Rocket Program–Orbital (SPR-O) contract to provide orbital launch services in support of the ASLON-45 mission requirements. The primary purpose of this acquisition is to provide orbital launch services for delivering payloads in support of the SMC, Launch Enterprise (LE), Small Launch and Target Division (LEX) Rocket Systems Launch Program (RSLP). Launch service requirements are defined in Attachment 1, Performance Work Statement (PWS), which includes the Mission Requirements Document

(MRD).

Acquisition Agility is an Air Force Strategic Master Plan (SMP) focus area and SRP-O and ASLON-45 are a direct result of an Air Force Space Command (AFSPC) tasking on the prospect of an agile small launch. The ASLON-45 Space Vehicle (SV) manifest, detailed in the MRD requires a dedicated launch service; all payload capacity will be reserved for Government use. The Launch Service Contractor (LSC) will provide all required dispensers and perform all required payload integration and launch operations. The ASLON-45 is a Mission Assurance (MA) Category 1 launch service, Firm-Fixed Price, SRP-O contract.

Bidder’s Library documents for this solicitation will be available from the PCO upon email request. Documents will be released via Compact Disc (CD) to potential bidders on file with the PCO. See FBO posting for instructions.

Attachments:

Attachment 1 – Provisions and Clauses Attachment 2 – PWS & MRD, dated 12 April 2019 Attachment 3 – Offer Sheet – Offeror to complete and return by response deadline Attachment 4 – CDRLs

General Information

Requirement

Agile Small Launch Operational Normalizer (ASLON)-45 mailto:kim.baker.3.gb@us.af.mil

CLIN Description Qty Total Cost

FFP

Mission Design, Integration, and Launch Service

1 $

FFP

Data and Reports

Lot NSP

FAR provision 52.212-1, Instructions to Offerors – Commercial Items (Jan 2017), applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

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

1. Terms and conditions

2. Representations and certifications

3. Technical requirements

Per FAR 9.103, the contracting officer must make an affirmative determination of the offeror’s responsibility to make an award. Failure to meet a requirement may result in an offer being ineligible for award.

Notice to Offeror(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

The Government’s terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors.

Offerors’ specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract, if awarded, will not be considered by the Government in its evaluation of proposals. Additionally, the PCO must ensure that before a non-Government advisor is given access to proprietary information, that the Government has received the consent of the offeror to provide access to the contractor who is to assist in the evaluation. Therefore, the offeror shall expressly state (in Attachment 2 – Offer Sheet) whether or not it consents to the release of its proposal information to The Aerospace Corporation, a Federally Funded Research & Development Center (FFRDC) who will be acting as non-Government advisors during the evaluation. Offerors that are not able to comply with the aforementioned conditions, may be determined as noncompliant with the solicitation requirements, and therefore could be removed from consideration for award.

B. The proposal shall consist of two (2) separate volumes;

Volume I - Technical Volume II - Price

C. Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov.

Return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

D. Proposal Submission Instructions:

1. Volume II shall be submitted as Attachment 2 – Offer Sheet to Ms. Alicia Cawley and Ms. Julia Lagace by the response deadline. It is the offeror’s responsibility to confirm receipt of the proposal from the Government prior to the submittal due date and time. The offeror will then be contacted within seven days of the response deadline to schedule Volume I, which will be presented in the form of an oral/visual presentation to the Government. Instructions for the oral presentations are provided in Paragraph 1.0 General Instructions.

2. Offerors shall also return Attachment 1 – Provisions and Clauses providing applicable information in the fill-ins. This includes the offeror representations and certifications.

Instructions to Offerors

3. All offers shall contain sufficient detail for effective evaluation as detailed in Addendum 52.212-2 of this solicitation.

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

The submittal due date for proposals is 23 May 2019, by 1630 hours Mountain Daylight Time (MDT).

E. Format for proposal Volumes I & II shall be as follows:

VOL TITLE Format I TECHNICAL Oral/Visual Presentation II PRICE Submit Attachment 2 – Offer Sheet

F. Further changes to the original FAR clause 52.212-1.

1. Paragraph 52.212-1(c), Period for Acceptance of offers is tailored as follows: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

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

G. Specific Instructions:

VOLUME I – TECHNICAL PRESENTATION

1.0 General Instructions

1.1 Proposal Format – The offeror’s proposal shall consist of an oral and visual presentation. The offeror SHALL NOT provide any hard copies for the Government, except for Attachment 2 – Offer Sheet. Offeror will orally present any and all visual products. All information provided according to RFP instructions is subject to evaluation as described in the Evaluation Criteria section.

1.2 Oral and Visual Presentation Guidelines

1. Offerors will be contacted no later than 14 days from proposal due date to schedule oral presentations which will be no later than 21 calendar days from date of contact

a. Presentations will begin at 9:00AM on the scheduled date

2. The presentation and Q&A session will be videotaped by the government in their entirety

3. The scheduled events of the presentation day are as follows:

a. 8:15am – 9:00am: Offerors arrival, introduction, orientation, and set-up

b. 9:00am – 12:00pm: Offerors Presentation

c. 12:00pm – 1:00pm: Government Caucus/Lunch

d. 1:00pm-2:00pm: Q&A with offeror (if needed)

i. Acceptable timeline modifications see section #5

4. Presentation Content. Presentations will only be evaluated based off of content, not presentation skill level. Offeror will orally present any and all visual products. The following minimum content should be provided to ensure the government receives sufficient information to assess the Technical Capability and Technical Risk of the proposed launch solution. The Solicitation Correlation Matrix on page 7 delineates technical capability/technical risk criteria.

a. Basic design of the proposed launch solution (dimensions, type of propulsion, materials).

b. Maturity assessment of propulsion system (degree of design, build, and test effort completed).

c. Maturity assessment of avionics and guidance/navigation/control systems.

d. Maturity assessment of structures.

e. Maturity assessment of any ordnance or pneumatic systems.

f. Maturity assessment of mission software.

g. Milestone dates for completing development of incomplete subsystems.

h. Identification of any mission-specific modifications to basic design (e.g. payload dispensers).

i. Description of payload dispenser(s), including mass and volume accommodations.

j. Performance analysis to demonstrate launch solution performance to proposed orbit.

k. Readiness assessment of fabrication/manufacturing/test facilities.

l. Supply chain assessment for launch subsystem/component vendors.

m. Launch site and/or launch platform basic design.

n. Status of launch site and/or launch platform fabrication.

o. Identification of Ground Support Equipment required for launch execution.

p. Status of Ground Support Equipment fabrication.

q. Facilities required for launch, including payload processing/integration/encapsulation.

r. Status of facility fabrication and installations.

s. Status of FAA license process.

t. Status of integration/launch site environmental approvals.

u. Status of flight safety design approvals.

v. Description of flightworthiness approach (e.g. qualification and acceptance test policy).

w. Outline of launch campaign sequence of events for the proposed launch solution.

x. Outline of transportation modes planned to the integration and launch site(s).

y. Planned dates for PWS- and MRD-designated reviews and milestone events.

z. Planned methods for ensuring orbital debris compliance.

5. The oral presentations shall consist of a 3 hour block for the offerors presentation, followed by a 60 minute Government Caucus/Lunch, then a Q&A (if needed) with the offeror not to exceed 1 hour

a. Offerors will not be penalized for not using the full 3 hour block of presentation time

b. If full 3 hour block is not used for presentation, once the presentation is complete the 60 minute

Government Caucus/Lunch will begin

6. During the Q&A period any questions asked by the Government will be questions approved by the PCO

7. At the end of the Q&A period the PCO will read a standardized script instructing the offeror on the next steps of the evaluation team’s process.

8. The presentation will take place in Albuquerque, NM – specific address will be communicated when contacted

a. Electronic items that will be available for use by the offeror are as follows:

i. Projector with VGA, HDMI and display port connections (all connections do support Audio)

ii. Access to a computer to utilize a CD/DVD drive to present

iii. Power outlets available (110-volt)

VOLUME II – PRICE

1. Complete the Offer Sheet attached to this RFP (Attachment 2). In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. Additionally, the PCO must ensure that before a non-Government advisor is given access to proprietary information, that the Government has received the consent of the offeror to provide access to the contractor who is to assist in the evaluation. Therefore, the offeror shall expressly provide its consent (in Attachment 2 – Offer Sheet) to the release of its proposal information to The Aerospace Corporation, a Federally Funded Research & Development Center (FFRDC), who will be acting as non-Government advisors during the evaluation. Please contact the PCO prior to receipt of proposals with any questions regarding The Aerospace Corporation’s participation, or if there is an issue with providing consent. Please understand that failing to provide consent may affect offerors’ ability to propose for this effort.

2. Firm Fixed Priced Proposals: In accordance with FAR 12.207 the resultant contract will be Firm Fixed Priced. Accordingly, proposed pricing by offerors shall be firm-fixed, and not subject to revision and/or negotiation if selected for contract award.

Ensure that unit prices are rounded to the nearest dollar.

3. Proposals shall remain valid for 120-days after the closing date of this solicitation.

FAR Provision 52.212-2, Evaluation -- Commercial Items (Oct 2014), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and herebv amends any language therein:

Evaluation Criteria

BASIS FOR CONTRACT AWARD: The evaluation will be conducted using the Trade-off Process described in FAR 15.101-1 and the associated DFARS and AFFARS parts. There are two factors to the award decision: Technical and Price. The Technical Factor will be significantly more important than the Price Factor. Under the Technical Factor, each proposal will receive ratings for Technical Capability and Technical Risk. The Technical Capability rating will be either Acceptable or Unacceptable. Only proposals determined Acceptable for Technical Capability will be eligible for award. Among proposals determined Acceptable for Technical Capability, the award decision will be based on a best value trade-off between risk and price. The Decision Authority will select the proposal presenting the combination of risk and price providing the most value to the Government. This may result in the selection of a higher-price proposal if the Government determines that the higher-priced proposal presents a risk trade-off that provides more value to the Government.

The Government intends to award a contract without discussions. Upon completion of the Government’s initial evaluation of proposals, exchanges with offerors may occur, for purpose of clarifications and communications in accordance with FAR Part 15. The Government reserves the right to conduct discussions with offerors for the purpose of negotiations at any point during the evaluation if deemed in the best interest of the Government. Once discussions, if conducted, have been concluded, the Contracting Officer will request Final Proposal Revisions from each of the offerors remaining within the competitive range.

EVALUATION FACTORS FOR AWARD: Each proposal will be evaluated according to the two (2) factors (i.e. Technical and Price) described below. To be selected for award, a proposal must:

1. Be determined Acceptable with respect to Technical Capability

2. Be determined Low, Moderate, or High with respect to Technical Risk

3. Be determined Reasonable with regards to Price

4. Present the Technical Risk and Total Evaluated Price combination representing the best value to the

Government based on a subjective, integrated assessment

BEST VALUE MATRIX

Factor Elements Factor Ratings Technical Factor Technical Capability Acceptable/Unacceptable

Technical Risk Low/Moderate/High/Unacceptable Price Factor Total Evaluated Price (TEP) $

Reasonableness Yes/No/TBD/Not Assessed

Technical Evaluation: Each proposal will receive two (2) ratings under the Technical Factor: Technical Capability and Technical Risk. The Solicitation Correlation Matrix on page 7 outlines

Technical Capability: The Government will evaluate Technical Capability on a pass/fail basis, assigning a rating of Acceptable, or Unacceptable (see Acceptable/Unacceptable Rating table below). Technical acceptability shall be evaluated against the following Technical Criteria.

A. Orbital Insertion: Proposals will be evaluated based off of the offerors ability to have their launch vehicle (LV) place the ASLON-45 space vehicles (SVs) into the parameters listed in table 3.1 below from the

MRD.

B. Payload Accommodation: The LSC shall accommodate the space vehicle volume and mass detailed in the

MRD (MRD 007).

C. Launch Readiness: The initial launch capability (ILC) will be No Earlier Than June 2020 and No Later Than December 2020, proposals will be evaluated based off the offerors contract award to ILC schedule.

D. Payload Processing: The LSC shall provide the ASLON-45 SVs payload processing facility (PPF) and SV/LV integration and encapsulation facility (MRD 069).

Parameter Value Dispersion Insertion Apse (or altitude) 550 km +/- 50 km Non-Insertion Apse (or altitude) 550 km +/- 50 km Eccentricity (Goal) 0 + TBP Inclination 45 deg + 5

Argument of Perigee N/A N/A Right Ascension of Ascending Node N/A N/A

a. A determination of acceptable or unacceptable will be assigned to the Technical Capability factor using the following ratings and descriptions:

Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal meets the minimum requirements of the solicitation.

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

b. The Government will not select for award any offeror that receives a Technical Capability rating of Unacceptable.

Technical Risk: Any proposal that is evaluated for Technical Capability as Acceptable will also be assessed for risk relative to the Technical Criteria and receive a single Technical Risk Rating based on the following scale. Any proposal that is evaluated for Technical Capability as Unacceptable will not be assessed for risk relative to the Technical Criteria and is unawardable. The Government will not select for award any offeror that receives an overall technical risk rating of Unacceptable.

Adjectival Rating Description Low Proposal contains no significant weaknesses. Proposal may contain weaknesses which have little potential to cause schedule delay, or performance degradation which could affect mission success. Minimal additional contractor effort and/or Government monitoring will likely be able to acceptably mitigate technical risk.

Moderate Proposal contains a significant weakness or combination of weaknesses which are likely to cause schedule delay, or performance degradation which could affect mission success. Additional special contractor effort and/or close Government monitoring will likely be able to acceptably mitigate technical risk.

High Proposal contains a significant weakness or combination of weaknesses which is likely to cause significant schedule delay, or performance degradation which could significantly affect mission success. Significant special contractor effort and/or Government intervention will likely be able to acceptably mitigate the technical risk.

Unacceptable Proposal contains a combination of significant weaknesses and/or weaknesses which is very likely to cause unacceptable schedule delay, or performance degradation which could likely cause mission failure. Significant special contractor effort nor Government intervention is unlikely to be able to acceptably mitigate technical risk.

The evaluation will follow the definitions of weakness and significant weakness as follows:

Weakness is a flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Price Evaluation: The Government will evaluate the Firm Fixed price submitted in Attachment 2 – Offer Sheet. The Government Evaluation Team will present a Total Evaluated Price (TEP) to the Decision Authority. Offerors should propose the best available pricing to the Government for CLIN 0001. Price information submitted in each offeror’s price proposal, as required by the Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 15.305. Note that proposals that have been assessed to be Unacceptable with regards to Technical Capability, or have been assigned a Technical Risk Rating of Unacceptable, are ineligible for award, and may not receive a Price Volume evaluation.

The offeror’s proposal will be assessed for reasonableness, where reasonableness is an assessment of whether the price is too high. The price is reasonable, if, in its nature and amount, it does not exceed that amount which would be paid by a prudent person in the conduct of competitive business (FAR 31.201-3). Reasonableness may be established through adequate price competition is such competition is determined to exist. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price. The Government may use any of the price analysis techniques in accordance with FAR 15.404-1(b)(2) to determine reasonableness. A determination of unreasonableness will render the proposal un-awardable. In addition, proposals that have been assessed to be technically unacceptable are ineligible for award, and as a result, a reasonableness determination will not be made for technically unacceptable, un-awardable proposals.

Tech Capability Tech Risk Tech Capability Tech Risk Tech Capability Tech Risk Tech Capability Tech Risk 4a X X 4b X (P) 4c X (P) 4d X (P) X (P) 4e X (P) X (P) 4f X (P) 4g X (S) 4h X X 4i X 4j X 4k X (S) 4l X (P) X (S)

4m X 4n X (S) 4o X 4p X (S) 4q X 4r X (P) 4s X (S) 4t X (S) 4u X (S) 4v X (P)

4w X X 4x X 4y X 4z X

Notes:

X(P) = Performance Risk Assessment X(S) = Schedule Risk Assessment

Presentation Content

A - Orbital Insertion B - Payload Accomodation C - Launch Readiness D - Payload Processing Technical Criterion

Solicitation Correlation Matrix

Attachment 1

Provisions and Clauses

(19 Apr 2019)

Provisions and Clauses

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

the offeror verifies by submission of their offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation.

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. In accordance with FAR 52.252-1 and 52.252-2, the following provisions and clauses are hereby included by reference:

Clauses Incorporated by Reference:

52.202-1, Definitions 52.203-3, Gratuities 52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-12, Limitation on Payments to Influence Certain Federal Transactions 52.203-17, Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights 52.203-18, Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements – Representation 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7, System for Award Management 52.204-9, Personal Identity Verification of Contractor Personnel 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-20, Predecessor of Offeror 52.204-21, Basic Safeguarding of Covered Contractor Information Systems 52.204-22, Alternative Line Item Proposal 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-7, Information Regarding Responsibility Matters 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.209-11, Representations by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law 52.212-1, Instructions to Offerors – Commercial Items 52.219-14, Limitations on Subcontracting 52.219-28, Post-Award Small Business Program Representation 52.222-3, Convict Labor 52.222-22, Previous Contracts and Compliance Reports 52.222-42, Statement of Equivalent Rates for Federal Hires 52.223-5, Pollution Prevention and Right-To-Know Information 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation 52.225-13, Restrictions on Certain Foreign Purchases 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation 52.228-9, Cargo Insurance 52.232-4, Payments Under Transportation Contracts and Transportation-Related Services Contracts 52.232-11, Extras 52.232-17, Interest 52.232-23, Assignment of Claims 52.232-25, Prompt Payment 52.232-33, Payment by Electronic Funds Transfer--System for Award Management 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-1, Disputes

52.233-3, Protest After Award 52.233-4, Applicable Law For Breach of Contract Claim 52.242-13, Bankruptcy 52.243-1, Changes – Fixes Price with Alternate I 52.243-7, Notification of Changes 52.246-4, Inspection of Services—Fixed Price 52.246-25, Limitation of Liability – Services 52.247-2, Permits, Authorities, or Franchises 52.247-5, Familiarizat ion With Conditions 52.247-6, Financial Statement 52.247-17, Charges 52.247-21, Contractor Liability for Personal Injury and/or Property Damage 52.247-22, Contractor Liability for Loss of and/or Damage to Freight Other Than Household Goods 52.247-24, Advance Notification by the Government 52.247-27, Contract Not Affected by Oral Agreement 52.249-8, Default (Fixed-Price Supply and Service) with Alternate I 52.253-1, Computer Generated Forms 252.201-7000, Contracting Officer's Representative 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirements to Inform Employees of Whistleblower Rights 252.203-7003, Agency Office of the Inspector General 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7000, Disclosure of Information 252.204-7003, Control of Government Personnel Work Product 252.204-7004, Alternate A, System for Award Management 252.204-7006, Billing Instructions 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.205-7000, Provision of Information to Cooperative Agreement Holders 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.223-7006, Prohibition on Storage Treatment, Disposal of Toxic or Hazardous Materials 252.225-7012, Preference for Certain Domestic Commodoties 252.225-7048, Export-Controlled Items 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001, Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 5352.209-9000, Organizational Conflict of Interest

Clauses Included by Full Text:

52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical

i. Technical Capability

ii. Technical Risk

2. Price

Evaluation of these factors will utilize a Risk/Price Tradeoff evaluation approach in accordance with the guidance in FAR Part 15;

whereby the Government seeks to award to the offeror whose proposal, conforming to the solicitation and for which all non-price factors have been determined acceptable, represents the least amount of risk to the Government.

Technical is significantly more important than price.

(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 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.

(End of Provision)

52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

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

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

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

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

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except --

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

http://www.sam.gov/portal

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology --

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

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

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

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

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

(1) Means a small business concern --

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

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

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

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

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications --Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.]

The offeror represents that --

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and http://www.acquisition.gov/

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY

OF ORIGIN [List as necessary]

(i) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g) (1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American --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

[List as necessary]

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

(2) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate I. 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 --Free Trade Agreements --Israeli Trade Act”:

Canadian End

Products: Line Item

No.:

[List as necessary]

(3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II.