SF1449.pdf

WHS - ACQUISITION DIRECTORATE

1155 DEFENSE PENTAGON

WASHINGTON DC 20301-1155

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HQ0034-11-R-0078 29-Jul-2011

b. TELEPHONE NUMBER

703 693 2147

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 29 Aug 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

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

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

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HQ0034

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KADIAN FERGUSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HQ001502850009000

ARE NOT ATTACHED

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

TEL: EMAIL:

COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HQ0034-11-R-0078

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Fire Extinguisher (10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

Required Periodic Maintenance and Replacement.

PURCHASE REQUEST NUMBER: HQ001502850009000

NET AMT

0002 12 Months Fire Extinguisher (other than 10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

0003 12 Months Kitchen Ansul Systems

FFP

Semi-Annual Inspection

0004 12 Months Remote Delivery Facility Foam Systems

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

0005 12 Months 9/10 Steam Room Foam System

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Each Major Repairs

FFP

IDIQ CLIN

MAX

0007 1 Lot OPTION Develop Labeling Format

FFP

Develop labeling format for all fire extinguisher equipment included in this contract in accordance with the current version of the Pentagon Equipment Labeling

Standard.

1001 12 Months OPTION Fire Extinguisher (10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

1002 12 Months OPTION Fire Extinguisher (other than 10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

1003 12 Months OPTION Kitchen Ansul Systems

FFP

1004 12 Months OPTION Remote Delivery Facility Foam Systems

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

1005 12 Months OPTION 9/10 Steam Room Foam System

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

UNIT UNIT PRICE MAX AMOUNT

1006 UNDEFINED Each OPTION Major Repairs

2001 12 Months OPTION Fire Extinguisher (10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

2002 12 Months OPTION Fire Extinguisher (other than 10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

2003 12 Months OPTION Kitchen Ansul Systems

FFP

2004 12 Months OPTION Remote Delivery Facility Foam Systems

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

2005 12 Months OPTION 9/10 Steam Room Foam System

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

UNIT UNIT PRICE MAX AMOUNT

2006 UNDEFINED Each OPTION Major Repairs

3001 12 Months OPTION Fire Extinguisher (10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

3002 12 Months OPTION Fire Extinguisher (other than 10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

3003 12 Months OPTION Kitchen Ansul Systems

FFP

3004 12 Months OPTION Remote Delivery Facility Foam Systems

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

3005 12 Months OPTION 9/10 Steam Room Foam System

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

UNIT UNIT PRICE MAX AMOUNT

3006 UNDEFINED Each OPTION Major Repairs

4001 12 Months OPTION Fire Extinguisher (10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

4002 12 Months OPTION Fire Extinguisher (other than 10lbs)

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

4003 12 Months OPTION Remote Delivery Facility Foam Systems

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

4004 12 Months OPTION Kitchen Ansul Systems

FFP

4005 12 Months OPTION 9/10 Steam Room Foam System

FFP

Monthly Inspection, Project Manager, Minor Repairs, Annual Inspection, NFPA-

UNIT UNIT PRICE MAX AMOUNT

4006 UNDEFINED Each OPTION Major Repairs

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

(Applies only to IDIQ portion of the contract; CLINS 0006, 1006, 2006, 3006, 4006)

The minimum per year quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum per year quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$0.00 $50,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0006 $2,000.00 $25,000.00

1006 $2,000.00 $25,000.00

2006 $2,000.00 $25,000.00

3006 $2,000.00 $25,000.00

4006 $2,000.00 $25,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 30-SEP-2011 TO

29-SEP-2012

N/A N/A

FOB: Destination

0002 POP 30-SEP-2011 TO

0003 POP 30-SEP-2011 TO

0004 POP 30-SEP-2011 TO

0005 POP 30-SEP-2011 TO

0006 POP 30-SEP-2011 TO

0007 POP 30-SEP-2011 TO

1001 POP 30-SEP-2012 TO

29-SEP-2013

1002 POP 30-SEP-2012 TO

1003 POP 30-SEP-2012 TO

1004 POP 30-SEP-2012 TO

1005 POP 30-SEP-2012 TO

1006 POP 30-SEP-2012 TO

2001 POP 30-SEP-2013 TO

29-SEP-2014

2002 POP 30-SEP-2013 TO

2003 POP 30-SEP-2013 TO

2004 POP 30-SEP-2013 TO

2005 POP 30-SEP-2013 TO

2006 POP 30-SEP-2013 TO

3001 POP 30-SEP-2014 TO

29-SEP-2015

3002 POP 30-SEP-2014 TO

3003 POP 30-SEP-2014 TO

3004 POP 30-SEP-2014 TO

3005 POP 30-SEP-2014 TO

3006 POP 30-SEP-2014 TO

4001 POP 30-SEP-2015 TO

29-SEP-2016

4002 POP 30-SEP-2015 TO

4003 POP 30-SEP-2015 TO

4004 POP 30-SEP-2015 TO

4005 POP 30-SEP-2015 TO

4006 POP 30-SEP-2015 TO

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

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

(Sep 2006) -- Alternate I

OCT 1995

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

Content Paper

MAY 2011

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2010

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

DEC 2010

52.209-7 Information Regarding Responsibility Matters JAN 2011

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JAN 2011

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

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

52.217-5 Evaluation Of Options JUL 1990

52.219-8 Utilization of Small Business Concerns JAN 2011

52.219-9 Alt II Small Business Subcontracting Plan (JAN 2011) Alternate II OCT 2010

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.219-25 Small Disadvantaged Business Participation Program--

Disadvantaged Status and Reporting

DEC 2010

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification JAN 2009

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

52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

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

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

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

The Government of a Terrorist Country

DEC 2006

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2010

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.223-7008 Prohibition of Hexavalent Chromium MAY 2011

252.225-7012 Preference For Certain Domestic Commodities JUN 2010

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.246-7003 Notification of Potential Safety Issues JAN 2007

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210.

(2) The small business size standard is $35.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at

52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-

1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and

Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of

Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

------(i) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Certification.

------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated

Products (Alternate I only).

------(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(vii) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below

(offeror to insert changes, identifyingchange by clause number, title, date). 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.

FAR Clause Title Date Change

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.

(End of Provision)

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

(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 Qualifications and Approach:

a. Adequacy, Feasibility and Technical Merit

b. Timeliness of Performance

c. Small business Participation plan

2. Management Approach:

a. Key Personnel and Organizational Structure

b. Ability of the Offeror to Respond to Problems

3. Past Performance

4. Price

Technical and past performance, when combined, are more important than price.

Factor 1: Technical Qualifications & Approach

a) Adequacy, Feasibility and Technical Merit

The offeror must demonstrate through a written project approach plan that they have the qualified workforce, equipment and capability to implement and conduct the required extinguisher inspection, maintenance and testing tasks as specified in the Performance Work Statement (PWS). The offeror shall provide a summary of the project approach and copies of certifications or qualifications of personnel. The proposed project approach plan shall be evaluated for capability of:

1) The safe transportation and handling of portable extinguishers including plans and methods of collecting moving and the placement of large numbers of extinguishers.

2) The ability to accomplish all PWS requirements with minimal disruption to facility occupants and facility operations.

b) Timeliness of Performance

This technical sub-factor will consider the offeror’s level of staffing and resources to deliver the specified services while adhering to contract schedules as specified in the PWS. The offeror’s proposal shall be evaluated for the ability to successfully execute the inspection, maintenance and testing requirements of the

PWS including quality control and other methods of ensuring that all inspections, particularly monthly inspections, are consistently completed. The offeror’s proposal shall be evaluated for the ability of the offeror to successfully complete the required scheduled inspections and maintenance while also completing service calls for re-inspections, installation of new extinguishers, replacement of discharged extinguishers, etc.

c) Small Business Participation Plan

Small Business Participation Plan: The Offeror shall submit a Small Business Participation Plan which will be used for the purposes of evaluating the extent to which offerors identify and commit to small business in contract performance. The plan will be incorporated into the resulting contract. The participation plan is required from all offerors, including small businesses and companies with commercial subcontracting plans and comprehensive subcontracting plans.

All offerors (both large and small businesses) will be evaluated on their level of small business commitment under the proposed acquisition and their level of commitment and ability to utilize small businesses in performance of prior contracts for similar products or services. The following shall evidence small business participation:

a. The extent to which offerors will subcontract to a small business in socio-economic categories as defined in FAR Part 19.

b. The extent of commitment to use such firms (enforceable commitments will be weighed more heavily than non-enforceable ones) ;

c. The complexity and variety of the work small firms are to perform;

d. The efficacy of the proposal;

e. The extent of participation of such firms in terms of the value of the total acquisition;

f. The extent to which the offeror provides detailed explanations/documentation supporting the proposed participation percentages.

Factor 2: Management Approach

a) Key Personnel and Organizational Structure

This management sub-factor will consider the relevant experience and ability of the offeror’s management structure and organization, including key personnel, and their proposed strategy for managing the performance of this contract. The evaluation will consider the ability of the offeror to establish organizational controls, procedures and quality control mechanisms that will ensure completion of the required tasks while maintaining a safe and hazard-free work environment.

b) Ability of the offeror to Respond to Problems

This sub-factor will consider the offeror’s ability to respond to problems and how the offeror will evaluate problems and implement risk mitigation strategies to maintain the performance, quality and scheduling specified in the PWS.

Factor 3: Past Performance

Each offeror’s past performance will be evaluated as part of the Government’s overall evaluation of best value. At a minimum, this evaluation will take into account past performance information submitted as a part of each offeror’s proposal including similar contracts of this type, information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement. For those offerors without a record of relevant past performance or for whom information on past performance is not available, the offeror will receive a neutral past performance rating. offerors with a negative past performance rating will be afforded an opportunity to address alleged deficiencies.

Factor 4: Price

The Government’s Decision as to which individual offer represents the best value will be made after considering the overall price to the Government and comparing the other evaluation factors addressed in each proposal. The Government may make an award to an offeror with a proposal that contains superior technical features even if such a decision results in additional price to the Government. Pricing will also be evaluated to determine whether it is materially unbalanced. As the difference in the evaluated quality among the offers with the highest rated combination of technical, management, participation of small businesses and past performance decreases, the importance of price as an evaluation factor shall increase, and may become the determinative factor for making award. The Government may evaluate offers and award contract(s) without discussions with offerors.

The offeror’s Fixed Price CLINs shall be evaluated by summing the maximum value of each CLIN. Fixed price proposals will be reviewed for reasonableness and affordability to determine whether they reflect an understanding of the requirements or contain apparent mistakes. The offeror’s proposed approach must be consistent with the price proposal. As part of the price evaluation, proposals may be reviewed to identify any significant unbalanced pricing including unbalancing in the Schedule of Prices. A proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the

Government.

Price analysis will be performed to determine the reasonableness of the offeror’s price proposal.

Reasonableness will be based on competition. For a price to be reasonable, it must represent a price to the government that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 31.201-3.

Price evaluation of IDIQ CLINs (0006, 1006, 2006, 3006, 4006)

Price, in terms of these CLINs will be the offeror’s coefficients. These coefficients establish competitive cost adjustments, or multipliers, to the R.S. Means pricing structure or non-prepriced items for various projects to be anticipated under this contract.

Price analysis will be performed to determine the reasonableness of the offeror’s price proposal. For the purpose of performing price analysis the evaluated price will be the calculated price based on the offeror’s coefficients for a project consisting of R.S. Mean items that total $10,000 and non-prepriced items that total

$1,000 to be performed during non-standard hours. Calculation will be performed by applying the offeror’s coefficients for the base period and all option periods. The evaluated price will be the sum of prices from the base period and all option periods.

EVALUATION RATING

Factor 1 Rating Scheme: Factor 1 will be assigned a Technical/Risk rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. The following table provides a description for each rating scheme:

3.2 Factor 2 Rating Scheme: Factor 2 will be assigned a Management Approach rating. This factor considered the

Key Personnel, Organizational Structure and ability of the offeror to respond to problems. The following table provides a description for each rating scheme:

Rating Description

OUTSTANDING

(O) Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

GOOD (G) Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

ACCEPTABLE (A) Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

MARGINAL (M) Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirement. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

UNACCEPTABLE

(U) Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable.

Rating Description

OUTSTANDING

(O) Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

GOOD (G) Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses.

ACCEPTABLE (A) Proposal meets requirements and indicates an adequate approach and understanding of

Factor 3 Rating Schemes: The Past Performance Evaluation Panel will assign a relevance rating and a confidence rating based on the offeror’s past performance information.

RELEVANCE RATING: The Government will evaluate the relevance of the offeror’s past performance prior to assessing the offeror’s confidence rating. This rating is a measure of how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. Each project referenced in Volume II/Section

A: References will be assigned a rating of either ―Relevant‖ or ―Not Relevant‖. A referenced project will receive a rating of ―Relevant‖ if it meets all of the following criteria.

**A relevant project is defined as follows:

- The contract value is between $150,000 - $5,000,000 for similar services.

- The offeror must be the prime contractor

- If the referenced contract has expired, the end date of the contract performance must have occurred within the last 36 months from the date of the proposal submission deadline.

- If the referenced contract is an active contract at the time of proposal submission, the start date of the contract performance must have occurred no less than 36 months from the date of the proposal submission deadline.

A referenced project that is ―Not Relevant‖ will not be evaluated in determining the Government’s confidence rating. Failure to submit a minimum of three ―Relevant‖ past performance references will receive an overall confidence rating of ―Unknown Confidence‖.

CONFIDENCE RATING: After assigning a relevance rating, the Government will evaluate how well the offeror has performed on relevant past performance by assigning a confidence rating. The following table provides description for each rating.

the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

MARGINAL (M) Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirement. The proposal has one or more weaknesses which are not offset by strengths.

UNACCEPTABLE

(U) Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

Confidence Rating Description

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort

Factor 4 Rating Scheme: No adjectival ratings will be assigned for Factor 4. See section 2 - Factor 4: Price for a detailed explanation on how this factor will be evaluated.

(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.

(End of provision)

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

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (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, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence

(Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

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

Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(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 on the Online Representations and Certifications Application (ORCA) website.

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

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

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

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

States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

(ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ------------. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted

Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories

(TICs) or designated industry…