A23_Provisions_and_Clauses.pdf

PROVISION AND CLAUSE LIST

HQ003418R0176

PROVISIONS INCORPORATED BY REFERENCE

52.203-11 Certification and Disclosure Regarding

Payments to Influence Certain Federal Transactions

SEPT 2007

52.217-5 Evaluation of Options JUN 1990 52.233-3 Protest After Award AUG 1996 252.204-7011 Alternative Line Item Structure SEPT 2011

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The

Government Alt 1

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-12 Limitation on Payments to Influence Certain

Federal Transactions

OCT2010

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-19 Incorporation by Reference of Representations and Certifications

DED 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-8 Option To Extend Services NOV 1999 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program

DEC 2015

52.222-3 Convict Labor JUNE 2003

52.222-21 Prohibition of Segregated Facilities APR 2015 52.224-1 Privacy Act Notification APR 1984 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other

Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7004 Display of Hotline Posters OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.205-7000 Provision of Information to Cooperative Agreement

Holders

DEC 1991

252.227-7015 Technical Data--Commercial Items FEB 2014

252.232-7010 Levies on Contract Payments DEC 2006

PROVISION INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

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

and

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

(2) If the offeror has been involved in the last five years in any of the occurrences listed in

(c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding

24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) (DEVIATION

2018-O0013)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition are 541613, and

$15 Million. 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; and,

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

Electronic Submission:

Submit quotes electronically via email to the following points of contact and include the quotation number, HQ0034-18-R-0176 in the subject line of the email. Hard copy submissions will not be considered or evaluated. Any questions regarding the Request for

Quote (RFQ) must be submitted to the following points of contact no later than 1200

Eastern Time on June 12, 2018.

Elizabeth E. Fuller, Contracting Officer

E-mail: elizabeth.e.fuller2.civ@mail.mil

Telephone: 703-545-9509

Thao Phan, Contract Specialist

E-mail: phuongthao.c.phan.civ@mail.mil

Telephone: 703-545-0927

The quote must be clear, concise, include sufficient detail for an effective evaluation, and must substantiate the validity of stated claims. Quotes shall not simply rephrase or restate the Government’s requirements, but rather shall provide a convincing rationale to address how the Quoter intends to meet the areas to be evaluated. Assume that the Government has no prior knowledge of their experience or best practices. Evaluations will be based only on the information presented in the quote.

Text must be easily readable (e.g. single or double spaced, with minimum one-inch margins, able to be printed on 8 ½ x 11 inch paper, minimum of 12-point size font).

Number pages consecutively. Pages submitted in excess of the page limitations stated in this document will be removed, and will not be included in evaluations. Page limits do not include cover pages, tables of contents, blank pages for separation, etc. Fonts larger than 12 point, bold, underline, and italics are acceptable for emphasis and headings.

Table fonts and diagrams may be smaller than 12 point, but must be easily readable. Do not use compressed fonts or compressed line spacing. Each volume should include a cover page and table of contents. Identify each page with the volume number, page number, and RFQ number. Mark cover pages with the volume number, RFQ number, RFQ title, company and/or team name, DUNS, CAGE code, and the name/phone number https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

/e-mail address of the contract manager or other agent authorized to obligate your organization/team.

PAGE LIMITATIONS

VOLUME ITEM PAGE LIMIT

I Factor 1 - Technical Approach

Résumé

15 pages

3 pages per résumé

II

Factor 2 – Past Performance

(Note – this does not include Past

Performance Questionnaires submitted by

Government officials)

2 pages per summary

III Factor 3 - Pricing Table None

FACTOR 1: TECHNICAL APPROACH

The quoter shall demonstrate experience within the three years prior the RFQ release date performing the requirements of the Performance Work Statement (PWS). The quoter shall provide a narrative to:

a. Demonstrate experience in three projects where the quoter provided strategic communications, provided branding and outreach services to include developing and continuously improving a strategic communications plan, conducted stakeholder analyses and benchmarking, and developed communications to support the plan.

b. Demonstrate experience in three projects where the vendor implemented a campaign and a strategic communications plan: to include supporting campaign initiatives, and developing and using the spectrum of branding and outreach communication tools (e.g., special events, marketing materials, web, video, social media, and technology-based tools) to engage key target audiences.

c. Demonstrate experience providing metrics on the effectiveness of strategic communications plans and campaigns.

The vendor shall submit a table showing its labor mix to accomplish the required tasks.

For each individual proposed, the table shall provide the following information:

● individual’s name

● name of labor category (see table at PWS para. 3.0(b); however, please note that vendors are not limited to the labor categories listed in the table).

● list of the PWS tasks that the individual will perform (e.g., PWS paragraphs 2.2a, 2.2b, 2.3b)

● for each contract year, the number of hours proposed for the individual

The vendor shall also submit a resume of 2 to 3 pages that lists all of the individual’s experience and qualifications (to include education) that are relevant to the solicited work.

FACTOR 2: PAST PERFORMANCE

The quoter shall submit up to three past performance project summaries (maximum of one per contract/order) that reflects recent and relevant past performance where the quoter served as the prime or subcontractor. Past performance summaries should focus on project objectives, how the quoter met those objectives, team structure (numbers of personnel by general labor categories), and services performed.

Recent past performance is services where any portion of the period of performance occurred within the three years prior the solicitation date.

Relevant performance is similar in scope and complexity to the requirements outlined in the PWS, with emphasis on paragraph 3.2 (b), (c) and (d) above. Past performance similar to the requirement is more relevant. Relevant performance as a subcontractor, similar in scope and complexity, will be based on the work performed as a subcontractor, not the project overall.

The past performance information submitted shall include contract information adequate to contact the Government representative or prime contractor to validate performance

(See Attachment 1: Past Performance Questionnaire). The Contracting Officer may also review any quoter’s recent PPIRS/FAPIIS reports. The Government may consider information obtained from any other source when evaluating past performance.

Factor 3: PRICE

The quoter shall submit its price volume in accordance with the format specified by Attachment

2, Pricing Template. This sheet will automatically calculate the total evaluated price by multiplying each quoted labor rate by its quoted number of hours, and then totaling those figures.

(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.

(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.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(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) database.)) 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) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the

SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov

(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:

In selecting the best overall quote, the following factors will be considered: (1) Technical, (2)

Past Performance, and (3) Price. A “Marginal” or an “Unacceptable” rating under technical or a “No Confidence” under the Past Performance factor shall render the entire quote unacceptable and ineligible for award.

If the quoter receives a “Marginal” or an “Unacceptable” rating under Factor 1 the quoter shall be ineligible for award and shall not be further evaluated. If the quoter receives other than a “Marginal” or an “Unacceptable” rating under Factor 1, then the quoter shall be evaluated under Factor 2, Past Performance. If the quoter receives a “No Confidence” under

Factor 2, the quoter shall be ineligible for award and shall not be further considered. If the quoter receives other than a “No Confidence” under Factor 2 then the quoter’s Price shall be evaluated under Factor 3.

The Technical factor is more important than Price and Past Performance. Past performance is more important than Price, and less important than the Technical factor. As quotes become more equal under the non-price factors, price becomes more significant.

EVALUATION RATINGS: TECHNICAL

Each quote will be separately evaluated and the quote’s strengths, weaknesses, deficiencies, and performance risks will be identified. A strength is an aspect of a quote that has merit or exceeds specified performance or capability requirements in a way that is advantageous to the Government during contract performance. A weakness is a flaw in the quote that increases the risk of unsuccessful performance. A lack of clarity in the quote that hinders an evaluator’s understanding is a weakness. A deficiency is a material failure of a quote to meet a Government requirement, or, a combination of weaknesses in a quote that increases the risk of unsuccessful contract performance to an unacceptable level. Performance risk is the potential for unsuccessful contract performance due to the technical approach, potential for increased cost, or potential for schedule delays.

Table 1. Technical/Experience Ratings

RATING DESCRIPTION

OUTSTANDING

Quote indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

GOOD

Quote indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

ACCEPTABLE

Quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

MARGINAL

Quote has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high. Quote is un-awardable.

UNACCEPTABLE

Quote does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Quote is un-awardable.

1.1.1. EVALUATION FACTOR 1: TECHNICAL APPROACH

The Government will evaluate the Quoter’s experience within the three years prior the

RFQ release date performing the requirements of the Performance Work Statement

(PWS). The quote will be evaluated to in regards to the quoter’s:

a. Demonstrated experience in three projects where the quoter provided strategic communications, provided branding and outreach services to include developing and continuously improving a strategic communications plan, conducted stakeholder analyses and benchmarking, and developed communications to support the plan.

b. Demonstrated experience in three projects where the vendor implemented a campaign and a strategic communications plan: to include supporting campaign initiatives, and developing and using the spectrum of branding and outreach communication tools (e.g., special events, marketing materials, web, video, social media, and technology-based tools) to engage key target audiences

c. Demonstrated experience providing metrics on the effectiveness of strategic communications plans and campaigns.

The Government will evaluate the Quoter's labor mix—to include level of effort, and the experience and qualification of its personnel—to determine the extent to which the labor mix can adequately satisfy the PWS requirements.

1.1.2. EVALUATION FACTOR 2: PAST PERFORMANCE

The Government will evaluate the degree of confidence it has in a quoter’s ability to perform services that meet the Government’s needs, based on a demonstrated record of performance. Performance confidence is assessed at the overall past performance factor level after evaluating aspects of the quoter’s recent and relevant past performance. The

Government may obtain past performance information from any source available to the

Government, to include, but not limited to, submitted Summaries and Questionnaires, the

Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System

(eSRS), or other databases; interviews with Program Managers, Contracting Officers, and

Fee Determining Officials; and the Defense Contract Management Agency.

a. RECENCY ASSESSMENT. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated. Note: If any part of the performance falls within the past three years from the date of issuance of this solicitation the contract in its entirety may be considered/evaluated for past performance.

b. RELEVANCY ASSESSMENT. The Government will conduct an in-depth evaluation of all recent performance information obtained. For each recent past performance reference reviewed, the relevance of the work performed will be assessed with respect to paragraph 3.2 (b), (c) and (d) above. A relevancy determination of the quoter’s past performance will be made based upon similarity in scope and complexity to the requirements outlined in the PWS, with emphasis on paragraph 3.2 (b), (c) and (d) above. The past performance information forms and information obtained from other sources will be used to establish the degree of relevancy of past performance. The

Government will use the following degrees of relevancy when assessing recent, relevant contracts. Relevancy will be determined by comparing the work performed to the experience elements as described above.

c. PERFORMANCE QUALITY ASSESSMENT. The Government will consider the performance quality of recent and relevant efforts. For each recent/relevant past performance reference reviewed, the performance quality of the work performed will be assessed. The Government may utilize some or all of the following techniques to assess the quality of the quoter’s past performance: questionnaire responses, PPIRS information, interviews with Government customers and fee determining officials, and, if applicable, commercial clients. It may include interviews with DCMA officials or other sources known to the Government. The quality assessment may result in positive or adverse findings. The Government will use the following ratings at Table

3 when assessing quality of relevant past performance.

d. PERFORMANCE CONFIDENCE ASSESSMENT. As a result of the relevancy and quality assessments of the recent contracts evaluated, quoters will receive an integrated performance confidence assessment rating. The resulting performance confidence assessment rating is made at the past performance factor level and represents an overall evaluation of contractor performance. Quoters without a record of relevant past performance or for whom information on past performance is not available or so sparse that no confidence assessment rating can be reasonably assigned will not be evaluated favorably or unfavorably on past performance and, as a result, will receive an "Unknown Confidence" rating for the past performance factor.

More recent and relevant performance will have a greater impact on the Performance

Confidence Assessment than a less recent or relevant effort. A strong record of relevant past performance may be considered more advantageous to the Government than an "Unknown Confidence" rating. Likewise, a more relevant past performance record may receive a higher confidence rating and be considered more favorably than a less relevant record of favorable performance. The past performance factor will receive one of the performance confidence assessments described in Table 4.

Table 4. Past Performance Confidence Assessment

RATING DESCRIPTION

SUBSTANTIAL

CONFIDENCE

Based on the quoter’s recent/relevant performance record, the

Government has a high expectation that the quoter will successfully perform the required effort.

SATISFACTORY

CONFIDENCE

Based on the quoter’s recent/relevant performance record, the

Government has a reasonable expectation that the quoter will successfully perform the required effort.

LIMITED CONFIDENCE

Based on the quoter’s recent/relevant performance record, the

Government has a low expectation that the quoter will successfully perform the required effort.

NO CONFIDENCE

Based on the quoter’s recent/relevant performance record, the

Government has no expectation that the quoter will be able to successfully perform the required effort.

UNKNOWN CONFIDENCE

(NEUTRAL)

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

1.1.3. EVALUATION FACTOR 3: PRICE

The Government will evaluate the quotations by adding the total price of the base year and all options, including an option to extend services IAW FAR 52.217-8. The quoter’s price will be evaluated in accordance with FAR 13.106-3(a) to determine if the price is balanced, fair & reasonable.

(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).

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://farsite.hill.af.mil/

(End of provision)

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

2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

“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 https://www.sam.gov/portal http://uscode.house.gov/ http://uscode.house.gov/ to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

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

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

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

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

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

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

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

“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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

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

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

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

(c) Offerors must complete the following representations when the resulting contract 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, that it

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

http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

(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.

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB

Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the

EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the…