H92240-15-T-0107.doc

Section SF 1449 - CONTINUATION SHEET

NSW 11 Meter RIB Boat Services - EC

FFP

Provide all services for the NSW 11M RIB IAW the Performance Work Statement (Attachment I), Work Items (Attachment II), and ELIN Schedule (Attachment III) requirements.

All Task Orders will be IAW the ELIN Schedule based on the Work Items being ordered and the applicable ordering period.

Emergent Work IAW ELIN WR01 supporting RIB maintenance within the PWS shall be accomplished when required by orders issued by the Contracting Officer IAW DFARS 252.217-7028 - Over and Above Work; and shall contain a fully burdened Labor Hourly Rate, Fully Burdened Overtime Hourly Rate, and Material Handling Rate (if applicable).

Task Orders will be on a firm fixed price basis. Funding will be determined at a Task Order level.

FOB: Destination

MAX

NET AMT

ADDENDUM TO FAR 52.212-1

Vendors may submit written questions during the quote preparation period. All questions must be received no later than 1000 PST on 02 September 2015 to allow NSWC adequate time to prepare and issue responses to all Vendors prior to the date and time set for receipt of quotes. Only written questions will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause, or other definitive citation requiring clarification. All questions shall be directed to the Contracting Office email, citing at a minimum ‘H92240-15-T-0107, GIBBS’ in the subject line at the following addresses:

john.gibbs@navsoc.socom.mil & WARCOM-Contracts@navsoc.socom.mil

Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the Quoter’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section. The quote shall be a complete response to the all of the requirements of this RFQ, taking into consideration any and all required quantities and delivery schedules specified here-in. The successful quoter will be selected based on an evaluation of quotes as outlined in 52.212-2 Evaluation – Commercial Items.

VOLUME FORMAT AND CONTENT

Electronic quotes shall contain separate files for each volume. Individual emails shall not exceed 10 MB and shall not include .zip files.

To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inboxes specified above by the due date and time for final quote submission. Submission of quotes through the FBO system is not permitted. An E-mail quote that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late in accordance with FAR 15.208(b). Therefore, it is incumbent upon the quoter to ensure that its entire quote is received by the Agency by the designated due date. The quote page format will be 8 1/2" x 11", except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". A page is defined as one face of a sheet of paper containing information. Type shall not be less than 12 pitch. Elaborate formats or color presentations are not desired or required.

A. VOLUME 1: GENERAL

The Quoter shall prepare Volume 1 contents as set forth below. There is no page limit to this Volume.

Signed SF1449: Quoters shall provide a completed and signed SF1449 including that the quote is firm for a period of not less than 180 calendar days.

Fill-In Provisions: Quoters must be registered in the System for Award Management (SAM) to be eligible for award; Quotes received without the completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Quotes determined non-compliant may not be evaluated for award. Quoters must also provide all fill-ins for:

· 5652.204-9000 Individual Authorized to Sign (2014)

· 5652.204-9004 Foreign Persons (2006)

· 52.209-7 Information Regarding Responsibility Matters (July 2013) Terms and Conditions: Quoters must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.

Subcontractor Limitations: In accordance with Federal Acquisition Regulations (FAR) Clause 52.219-14 Limitations on Subcontracting, the Quoter must ensure that at least 50 percent of the cost of the contract performance incurred for personnel shall be expended for employees of that concern. The Quoter shall identify the percentage of the cost of contract performance to be incurred for in-house personnel and the percentage to be incurred by subcontract.

Joint Venture/Mentor-Protégé: If the Quoter is quoting as a joint venture and/or mentor-protégé, the Quoter shall provide a copy of the joint venture agreement and, if the joint venture is with a mentor-protégé, a copy of the relevant mentor-protégé agreement approved by the Small Business Administration.

B. VOLUME 2: TECHNICAL

Factor 1: Technical Capability

The Quoter shall limit Technical Capability to 8 pages.

The technical capability submission should provide detailed information to demonstrate how the Quoter is technically capable of performing the required work items on the United States Marine, Inc. (USMI) manufactured NSW 11M Rigid Inflatable Boat (RIB) craft. Such capabilities shall include OEM experience of its personnel that will be performing the work items, providing specific examples of their qualifications and experience to perform the requirements of this solicitation.

The technical capability submission should also include a detailed description of the contractor facility location, including proximity to 2220 Schofield Road, Virginia Beach, VA as it relates to the PWS.

GENERAL STATEMENTS THAT THE QUOTER CAN OR WILL COMPLY TO THE REQUIREMENTS OR PARAPHRASING THE RFQ’S PWS IN WHOLE OR IN PART WILL NOT CONSTITUTE COMPLIANCE AND MAY RESULT IN THE QUOTE BEING REMOVED FROM COMPETITION.

Factor 2: Past Performance

The Quoter shall limit Past Performance to 6 pages, exclusive of the Past Performance Questionnaires.

The Quoter shall provide a CPARS evaluation, if available, or use Attachment VI – Past Performance Information Form and Attachment VII – Past Performance Questionnaire. The Quoter must state if the company has not performed any contracts within the size and/or scope of this contract. Past Performance information shall describe the Quoter’s past collective experience on contracts similar to the work to be performed under this contract. Quoters are encouraged to submit any information that it considers relevant in demonstrating its ability to perform the quoted effort. Past Performance is limited to three (3) of the most recent/current programs (within the last 3 years from the closing date of this solicitation) demonstrating at least one year of performance that is similar in scope and magnitude (relevancy) to this contract. For each effort identified, the Quoter shall discuss problems encountered during performance and its approach to resolving them, its approach to staffing, and any other constraints similar to those expected to be encountered in performing the current requirement.

For submission of a CPARS:

If a completed CPARS evaluation is available, it shall be submitted with the quote. A Quoter SHALL NOT SUBMIT a Past Performance Questionnaire when a completed CPARS is available for projects under this factor.

If a CPARS evaluation is not available, the Quoter shall ensure correct contact information (phone number and email addresses) are provided for the relevant points of contact for each Past Performance Information Form. Completed Past Performance Information Forms shall be submitted with each quote.

For submission without CPARS:

If the Quoter is not submitting CPARS evaluations, they shall immediately forward the Past Performance Questionnaire for completion by references for the projects cited under the corresponding Past Performance Information Form. QUOTERS SHALL REQUEST THEIR REFERENCES RETURN THE PAST PERFORMANCE QUESTIONNAIRE TO THE GOVERNMENT BY THE CLOSING DATE OF THIS SOLICITATION SO THAT THE GOVERNMENT RECEIVES AS MANY REFERENCES AS POSSIBLE ON OR BEFORE THE DUE DATE FOR QUOTES. Quoters should follow-up with references to ensure timely submission of questionnaires. Questionnaires are to be submitted directly from the reference to the Government POC identified on the Past Performance Questionnaire.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Quoter’s references or the unwillingness of the references to provide the information requested may affect the Government’s evaluation of this factor.

C. VOLUME 3: PRICE

The Quoter shall provide firm fixed prices for all ELIN items contained in Attachment III – ELIN Schedule. Volume 3 shall be submitted in the Microsoft Excel format. There is no page limit to this Volume.

Factor 3: Price

· The Quoter shall populate Attachment III – ELIN Schedule to reflect all costs related to each item. The Government may require additional “other than cost and pricing data” prior to award.

Restriction on disclosure and use of data. Quoters that include in their quotes data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall –

(1) Mark the title page with the following legend:

This quote includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this quote. If, however, a contract is awarded to this quoter as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quote.

(End of provision)

MINIMUM GUARANTEE INFORMATION

TYPE OF CONTRACT – This is an indefinite delivery indefinite quantity (IDIQ) contract with firm fixed price line items. The contract will include a 5 year (or 60 month) Ordering Period.

The contract minimum is $5,000.00 and the contract maximum is $6,000,000.00 over the life of the contract. The contract maximum is established on a total amount basis. The contract minimum of $5,000.00 will be fulfilled by the issuance of the first task order.

FUNDS WILL BE OBLIGATED AT THE TASK ORDER LEVEL

DURATION OF CONTRACT PERIOD

This contract shall become effective on the date of award, and the ordering period shall continue in effect during the life of the contract, unless terminated or extended in accordance with clauses herein.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2020

DELIVERY WILL BE IDENTIFIED

AT THE DO/TO LEVEL OR ON

THE PO SCHEDULE

. CA

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

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

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

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

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

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

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

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

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

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

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

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

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

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

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

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

Factor 1 – Technical Capability

Factor 2 – Past Performance

Factor 3 – Price

The Technical Capability will be evaluated as PASS/FAIL. If the Technical Capability Factor fails, then the quote may not receive further consideration for evaluation or award. The Past Performance Factor is significantly more important than Price. Price will be evaluated, but not rated.

Factor 1 – Technical Capability

Basis of Evaluation: Technical Capability will be evaluated on a PASS/FAIL basis basedo n whether the Quoter meets Original Equipment Manufacturer (OEM) capability requirements to work on the required craft; and has a facility site within 30 miles of Government location at 2220 Schofield Road, Virginia Beach, VA as required to perform the required work items of the solicitation. Quotes which do not demonstrate the required certification and/or capability and facility location at the time of submission will NOT be evaluated further.

Factor 2 - Past Performance

Basis of Evaluation: Past performance will be evaluated based on relevancy and confidence. For the Past Performance factor, the ratings identified in Tables 1 and 2 below, entitled “Past Performance Relevancy Ratings Table” and “Past Performance Confidence Assessment Ratings Table”, will be used for the assignment of ratings for relevancy and past performance confidence assessment.

Past Performance will be assessed as follows:

The Government’s evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last 3 years from the closing date of this solicitation, will not be considered. In addition, performance data will only be assessed for those references demonstrating at least 1 year of completed performance prior to the closing date of the solicitation.

Quoters are advised that in evaluating a Quoter’s past performance, the Government may, at its sole discretion, consider information from sources outside the submitted quote. These considered sources will be held to the same parameters of evaluation as the Quoter provided past performance information. For example, the Government may consider information based on its own experience with the Quoter and/or may contact the parties for whom the Quoter performed contracts and consider their response when evaluating the Quoter’s quote. The Government may review Contractor Performance Assessment Reporting System (CPARS) ratings on other relevant contracts and may also consider Past Performance Information Retrieval System (PPIRS) ratings, regulatory agency databases, past performance questionnaires, information submitted by each Quoter with its quote, and other existing past performance information contained in either local or other supervisor files, or from other Government sources or non-Government sources. General trends in a contractor’s performance will also be considered.

The assessment of the Quoter’s Past Performance is one of the factors used for evaluating the Quoter’s ability to successfully perform the requirements of this solicitation, as well as to determine the Quoter’s performance risk for the subject solicitation. Such consideration is separate and distinct from the Contracting Officer’s responsibility determination under FAR Part 9. The Government reserves the right to contact references provided by the Quote, and otherwise verify statements and representations made in the Quoter’s quote, but reserves the right not to contact all references. In the case of a Quoter without a record of relevant past performance or for whom information on past performance is not available, the Quoter may not be evaluated favorably or unfavorably on past performance.

The past performance evaluation may also consider the past performance of affiliated companies or operating divisions within the parent company or joint ventures of the parent company when it is reasonable to attribute the experience of these past efforts to the quoted effort and when the quote clearly demonstrates the resources (e.g. financial resources, overall oversight and management or other resources) of the parent or affiliated division will meaningfully affect performance of the instant acquisition. Consideration of past performance of teaming partners or subcontractors will only be given if the percentage of their performance is provided and permission for its use is contained in the quote. The past performance of teaming partners or subcontractors who are quoted to perform less than 20% of the work and are not quoted to perform critical aspects will not be evaluated.

Past Performance Relevancy Ratings – Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine scope and magnitude relative to the requirement. The following definitions will apply to this evaluation:

Scope: Experience in the areas defined in the PWS.

Magnitude: The measure of the similarity of the dollar value of work actually performed under the quoter’s contract or contracts, during the relevant period established by the solicitation, to the dollar value of this requirement.

Quoters lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. However, the quote with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous quote to the Government. In this instance, the quoter will receive a rating of “Not Relevant” in the past performance evaluation.

Past Performance Confidence Assessment Ratings – Past Performance Confidence Assessment Ratings – The overall assigned rating for Past Performance will be the Past Performance Confidence Assessment rating. The assignment of this rating will be based on the quality of the relevant past performance. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of Past Performance Confidence.

In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter may not be evaluated favorably or unfavorably on past performance rather the quoter will receive an “Unknown Confidence” rating.

In order to verify past performance information and determine the quality of the past performance submission, the Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires (i.e. the Past Performance Information Form), telephone interviews and existing data sources to include but not limited to the Past Performance Information Retrieval System (PPIRS). The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. This past performance information will be used for the evaluation of past performance.

This evaluation and rating are separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government considers are most relevant to the RFQ.

Factor 3 - Price Evaluation Methodology: All prices, including FAR 52.217-8, will be evaluated for reasonableness in accordance with FAR 52.217-5, Evaluation of Options, and FAR 13.106-3(a).

Although price is considered in a manner that makes it less important than the past performance factor, it has the potential to become more significant during the evaluation process. The degree of importance of the price will increase with the degree of equality of the quotes in relation to the other factor on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, or generally equivalent, past performance quotes, price could become the factor in determining which quoter shall receive the award.

Rating Tables Factor 1 – Technical Capability The following ratings will be used in the evaluation of the Technical Capability Factor.

Factor 2 – Past Performance

The following relevancy ratings will be used in the evaluation of the Past Performance factor.

The following Confidence Assessment ratings will be used in the evaulation of the Past Performance factor.

SOURCE SELECTION DECISION

The Government intends to evaluate quotes and award a contract using the procedures of FAR 13.5, Test Program for Certain Commercial Items. The Government shall select the vendor whose quote represents the best value to the Government, considering technical capability, past performance, and price when compared to other quotations. The Government also reserves the right to not award a contract if a contract award is not in the best interest of the Government.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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.

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 small business concern" means a small business concern—

“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 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 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.

(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 electronically 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 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 (p) 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 (…