HE125419R2009_Baumholder_SN_Sol.docx

HE125419R2009

Section SF 1449 - CONTINUATION SHEET

UNDEFINED

Objective 1

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS.

MILSTRIP: HE1280982111

PURCHASE REQUEST NUMBER: HE1280982111

MAX

NET AMT

0001AA

6-Passenger Van

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

FOB: Destination V222

MAX

0001AB

Safety Aide

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

MAX

Objective 2

Baumholder Special Needs School Transportation, Curricular, Co-Curricular, Unscheduled Events and Other Requirements, IAW PWS paragraph 2.2.

FOB: Destination

NET AMT

UNDEFINED

Contractor Manpower Reporting

MANDATORY ANNUAL REPORT NOT SEPARATELY PRICED. https://ecmra.mil/Login.aspx Contractors may direct questions to help desk at: DoD.ECMRA.Support.Desk@mail.mil.

MAX

UNDEFINED

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS.

MAX

1001AA

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

NET AMT

1001AB

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

MAX

FFP

Baumholder Special Needs School Transportation, Curricular, Co-Curricular, Unscheduled Events and Other Requirements, IAW PWS paragraph 2.2.

FOB: Destination

MAX

UNDEFINED

FFP

MAX

UNDEFINED

FFP

MAX

2001AA

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

NET AMT

2001AB

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

MAX

FFP

Baumholder Special Needs School Transportation, Curricular, Co-Curricular, Unscheduled Events and Other Requirements, IAW PWS paragraph 2.2.

FOB: Destination

MAX

UNDEFINED

FFP

MAX

UNDEFINED

FFP

MAX

3001AA

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

NET AMT

3001AB

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

MAX

FFP

Baumholder Special Needs School Transportation, Curricular, Co-Curricular, Unscheduled Events and Other Requirements, IAW PWS paragraph 2.2.

FOB: Destination

MAX

UNDEFINED

FFP

MAX

UNDEFINED

FFP

MAX

4001AA

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

NET AMT

4001AB

FFP

Baumholder Special Needs School Transportation, in accordance with (IAW) PWS 2.1.

MAX

FFP

Baumholder Special Needs School Transportation, Curricular, Co-Curricular, Unscheduled Events and Other Requirements, IAW PWS paragraph 2.2.

FOB: Destination

MAX

UNDEFINED

FFP

MAX

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and (2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (OCT 2018)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) Reserved.

(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)

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (DEC 2006)

Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

(b) Communication.

The Contracting Officer and Contract Specialist are the sole points of contact for this acquisition. Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement.

Intent to Submit Offer.

For planning purposes only, please send an e-mail to Ms. Kathleen A. Kern at kathleen.kern@hq.dodea.edu and Ms. John Grimes at John.Grimes@hq.dodea.edu to give notification if your company intends to submit a proposal in response to this solicitation. The subject of the e-mail shall be “Intent to Submit a Proposal for HE1254-19-R-2009.” Please provide the company’s name and point of contact to include name, title, address, e-mail, phone number, company’s DUNS, and NATO Cage Code. Failure to submit a notice of intent does not prohibit an Offeror from submitting a proposal.

Submission of Questions.

Offerors shall submit questions concerning this solicitation, electronically, NO LATER THAN 12:30 p.m. (1230 hours) Eastern Daylight Time (EDT), June 19, 2019. Questions submitted after this date may not be considered for a response.

Submission of Offers.

Pages shall be numbered numerically

(excludes attachments, i.e., schematics, syllabi, lists, drafts report formats, and similar materials)

Offerors must ensure that the signed and dated attached proposal and all attachments are virus free, legible, and arrives in Ms. Kern’s, and Mr. Grimes’ e-mail inboxes by the solicitation closing time. E-mails over 10 MB will be rejected by DoDEA’s network. If the electronic copy cannot be opened, the Contract Specialist or Contracting Officer will notify the Offeror and a replacement electronic copy shall be provided by the Offeror within one (1) working day after notification.

Documents shall be submitted in separate .pdf or Microsoft Office (e.g. Word, Excel, etc.) format by e-mail on or before the closing date and time stated in Block 8 of the solicitation to Ms. Kern, Contract Specialist, e-mail at kathleen.kern.ctr@hq.dodea.edu and Mr. Grimes Contacting Officer, e-mail at john.grimes@hq.dodea.edu.

As a minimum, offerors shall submit a package consisting of an Administrative Cover Letter, Signed SF 1449, Signed SF 30 (as applicable) and four separate volumes as follows:

1. Administrative Cover Letter The Administrative Cover Letter shall state the following:

0. The solicitation number

0. Unique Entity Identifier (DUNS Number)

0. Complete Business Mailing Address.

0. N/CAGE Code

0. NAICS Code

0. Contact Name

0. Contact Phone and e-mail address

1. Signed SF 1449 Offerors shall complete blocks 12, 17a, and 30a-c of the SF 1449 Solicitation/Contract/Order for Commercial Items. Offerors shall insert their company’s CAGE code in the box titled “CODE” in block 17. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Offeror’s terms and conditions will not be accepted. The SF 1449 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

1. Signed SF 30 Offerors shall complete blocks 8 and 15a-c of each SF 30 Amendment of Solicitation/Modification of Contract, issued for this solicitation. Each SF 30 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

1. Volume I – Factor 1: Technical Capability The Offerors shall submit a technical capability proposal for the Baumholder Special Needs Transportation requirement.

The Offeror’s proposal must clearly demonstrate the Offeror’s capability to meet each objective as described in the Performance Work Statement (PWS).

Do not simply repeat back verbatim or paraphrase requirements along the lines of “we will do this or that.” Instead, present your plans that describe or outline how you propose to meet the requirements, and do so in sufficient detail to explain clearly the procedures and processes you will put in place and use. In other words, treat each requirement as a question to be answered with “here’s my approach to do the job.” The Government will only evaluate an Offeror’s proposal based solely on the information provided.

The Offeror shall organize the response as follows:

The Offeror’s proposal shall clearly demonstrate its capability to meet the PWS requirements for each subfactor below:

0. Subfactor 1: Objective 1, PWS section 2.1,

0. Subfactor 2: Objective 2, PWS section 2.2,

0. Subfactor 3: Objective 3, PWS section 2.3.

1. Volume II – Factor 2: Past Performance.

Offeror shall submit past performance information no more than five (5), recent and relevant contracts for the prime and subcontractors (performing as the Prime on that effort. To be recent, the effort must be on-going or must have been completed within the last three (3) years by the closing date/time of this solicitation. To be relevant, the Offeror must demonstrate that performance involved similar scope and magnitude of effort and complexities this solicitation requires.

Past Performance information submitted that is not recent (more than 3 years) and/or not relevant will not be evaluated.

1. Subcontractor/Teaming Information. If an Offeror proposes a teaming arrangement for services, the Offeror (proposed prime Offeror) shall provide past performance information on any subcontractor or teaming arrangement offered.

At a minimum, when a prime Offeror teams with a subcontractor, past performance information relevant to that subcontractor shall be provided on at least one (1) effort. The information required shall be the same as above. Offerors shall include in their proposal the written consent of their proposed subcontractor(s) to allow the Government to discuss the subcontractor’s past performance assessment with the Offeror.

1. Questionnaires. Offerors must send Past Performance Questionnaires, Attachment 5, to their Customers’ points of contact (POCs) and instruct the POCs to complete the questionnaire in English. Offerors shall make their best effort to send out a sufficient number of past performance questionnaires to reasonably expect submission to the contracting officer at least one questionnaire on each cited contract/work effort. The questionnaire recipient should e-mail completed questionnaires directly to the contract specialist listed on the questionnaire. Past Performance Questionnaires are requested to be received in the issuing office by the closing date/time of the solicitation.

It is highly recommended that the questionnaires are sent to the Offeror's POCs at the earliest opportunity so there is sufficient time to complete the questionnaires and send to the Contract Specialist by the due date. The Government reserves the right to not consider past performance questionnaires received after the due date.

1. The Government reserves the right to obtain information relative to present and past performance on its own, in addition to information provided by the Offeror and from contract and subcontract POCs. If you are aware that one or more of your contracts in the Past Performance Information Retrieval System (PPIRS) specifically relates to the requirements in this acquisition, please provide this contract/work effort as one of the past performance submissions with your proposal.

1. Volume III: Price Proposal.

1. Offerors fully burden price proposals shall be complete, and represent an accurate reflection of the requirement as stated in the PWS.

1. Offerors shall complete, in its entirety, all unit and extended prices using the Government provided Microsoft Excel Pricing Sheet labeled “Attachment 2” and submit it in both the Excel and pdf format. The Pricing Sheet will establish the maximum unit prices the Offeror may charge for services under the contract.

1. The Government will not be obligated to pay the Offeror any amount in excess of the prices proposed. Offerors are advised that in the event unit prices multiplied by quantity have been incorrectly calculated, the unit price will govern. The total evaluated price will be considered in making the final best value determination.

1. To account for the option period(s) possible under FAR 52.217-8 (maximum six months) Option to Extend Services, the Government has provided a table within Attachment 2, labeled “FAR 52.217-8 Option to Extend Services.” The contractor will provide a Unit Price for each CLIN Description. If the Government has to exercise the option under FAR 52.217-8, then the Government will use the rate given for the last year performance was completed.

1. The price proposal is presumed to represent the Offeror’s best effort to respond to the solicitation. Any inconsistency, whether real or apparent, between promised performance and price should be explained in the proposal. Any significant inconsistency, if not explained, raises a fundamental issue of the understanding of the nature and scope of the work required.

1. Volume IV: Representations and Certifications

1. Representations and Certifications. Offerors shall complete the representations and certifications in the System for Award Management (SAM) on the website www.sam.gov; or submit the representations and certifications contained in FAR 52.212-3 with their proposal. Offerors are reminded that their registration in SAM must be accurate and active by the award date.

1. Subcontractor/Teaming Agreement. Offeror shall submit a copy of any subcontracting/teaming agreements.

1. Offerors shall also complete and submit the following necessary fill-in clauses, provision, and certifications contained in the solicitation:

A. 52.209-7 – Information Regarding Responsibility Matters.

B. 52.212-3 Alt 1– Offeror Representations and Certifications. Complete and/or submit as stated above.

C. 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan: Submit Certification in accordance with the instructions written within the Clause.

D. Letter of Commitment, Attachment 6 E. FAR 42.15 – CPARS Form, Attachment 7

1. Offeror Responsibility Determination. (SUBMIT WITH PROPOSAL) In accordance with FAR 9.104. (a) Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only; (b) No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility.

Per FAR 9.104, to be determined responsible, a prospective Offeror must comply with the following general and special standards:

1. General Standards.

0. Have adequate financial resources to perform the contract, or the ability to obtain them. (submit Dunn and Bradstreet (D&B) Risk Assessment, letter from Offeror’s bank, stating declaration of solvency, line of credit, current available credit, and credit score if applicable etc.);

0. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

0. Have a satisfactory performance record. A prospective Offeror shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

0. Have a satisfactory record of integrity and business ethics (must not be debarred or suspended from doing business with the United States or Host Nation);

0. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective Offeror and subcontractors (to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel);

0. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel);

0. Be otherwise qualified and eligible to receive an award under applicable laws and regulations; and

1. Special Standards. Be an operational business with the capability to provide bus transportation services on a regular basis on established routes.

Addendum to Paragraph (c). Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Addendum to Paragraphs (d) & (e). Paragraphs (d) & (e) are deleted in its entirety.

Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows:

The Government intends to award without discussions. Therefore, the Offeror’s initial proposal should contain the Offeror’s best approach/terms for technical, past performance, and price. However, despite this intent, the Government reserves the right to conduct discussions if the Government determines they are necessary. If the Government determines that discussions are necessary, a competitive range will be established. In the event issues pertaining to this award cannot be resolved to the Government's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, Offerors will be notified in writing.

Addendum to Paragraph (h). Paragraph (h) is changed to read as follows:

Multiple awards. DoDEA may award a single contract award from this solicitation.

Addendum to Paragraph (i). Paragraph (i) is deleted in its entirety.

(End of Addendum to FAR 52.212-1)

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 conforms to the solicitation. The factors Technical Capability, Past Performance, and Price shall be used to evaluate offers. Please refer to FAR 52.212-2 Evaluation – Commercial Items, Addendum.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

Addendum to Paragraph (a). Paragraph (a) is changed to read as follows:

(a) The Government anticipates awarding a single Firm-Fixed-Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract from this solicitation to the responsible Offeror whose offer conforming to the solicitation requirements represent the lowest price technically acceptable offer, meeting the minimum requirements of the non-price factors, Technical Capability and Past Performance, listed below. This solicitation is being competed under FAR Parts 12 and 15.

1. The Government will first evaluate the lowest-priced proposal. If the Government determines that this lowest-priced response is technically acceptable, the Government intends to select that lowest-priced response for award and not conduct any further response evaluations.

1. If the Government determines that this lowest-priced response is not technically acceptable, then the Government will evaluate the next lowest-priced response for technical acceptability

1. The Government will continue this process of evaluation (evaluating the responses in order of lowest price to highest price) until the Government finds a technically acceptable response.

1. The Government intends to use the above described evaluation procedure and does not intend to conduct exchanges with offerors. The Government reserves the right, in its discretion, to conduct exchanges with offerors if exchanges are determined to be in the Government's best interest.

1. In order to be considered awardable, an Offeror must receive an “acceptable” rating for Factor 1, Technical Capability, including all Technical Capability subfactors, and an “acceptable or neutral” rating for Factor 2, Past Performance. The proposal’s non-price factors/subfactors stated below will not be ranked.

1. Factor 1: Technical Capability. The Government will evaluate the Offeror’s proposal to determine if the Offeror clearly demonstrates its capability to meet the PWS requirements for each subfactor below.

0. Subfactor 1: Objective 1 PWS paragraph 2.1.

0. Subfactor 2: Objective 2 PWS paragraph 2.2.

0. Subfactor 3: Objective 3 PWS paragraph 2.3.

Technical Capability will be rated in accordance with the following Rating Method:

Technical Capability Acceptable/Unacceptable Rating Method

1. Factor 2: Past Performance. Will be evaluated to assess the Offeror’s ability to successfully meet the solicitation requirements based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts.

For the evaluation, the Government will assess Performance Recency and Relevancy as stated below.

1. Recency. An assessment of the past performance information will be made to determine if it is recent.

Past Performance Recency Ratings

1. Relevancy Assessment. The Government will determine how relevant the effort accomplished by the Offeror is to the effort to be acquired through the solicitation. The Government is not bound by the Offeror’s assessment of relevancy. To be relevant, the Offeror must demonstrate that performance involved similar scope and magnitude of effort and complexities this solicitation requires.

1. Relevancy will be rated in accordance with the following Rating method:

Past Performance Relevancy Ratings

1. Past Performance Overall Rating. The past performance evaluation is an assessment of the Offeror’s probability of meeting the minimum past performance solicitation requirements. The Government will review the information collected, to include, but not limited to the Past Performance Questionnaire, Attachment 5, to determine the quality of the Offeror’s overall record of recent and relevant past performance.

Past Performance Acceptable/Unacceptable Rating method:

Past Performance Rating Method

1. In addition to past performance information submitted by the Offeror and Questionnaires completed for the Offeror, past performance information may be obtained from Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, or other sources known to the government.

1. In evaluating past performance, the Government reserves the right to give greater consideration to information on those individual contracts deemed most relevant to the effort described in this RFP. The Government also reserves the right to give greater consideration to an individual Offeror’s past performance information rather than the combined past performance information of an Offeror and its associates using teaming arrangements.

1. If the Government chooses to conduct negotiations, Offerors will be provided an opportunity to address any adverse past performance information not previously addressed. Adverse past performance is defined as past performance information which supports a less than satisfactory rating on any evaluation aspect or any unfavorable comments received from sources without a formal rating system.

1. The Government may reject a proposal if it is found that the Offeror deleted, misrepresented, or withheld any information that might have a negative impact on its past performance record.

1. Factor 3: Price. Will not be assigned a rating. However, the proposal (Attachment 2 - Pricing Sheet) will be evaluated to determine if the final agreed-to price is fair and reasonable, using the techniques and procedures stated in FAR 15.404-1.

(b) Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it/them to a six-month value, and add it to the sum of all CLINs (base plus all option periods). The sum of the prices for the base period, option periods (if any) and the 52.217-8 extension will be the total evaluated price.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Addendum to FAR 52.212-2)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. 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—

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

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

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

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

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

“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…