20140924_HS0021-14-R-0054_Draft_FBO_FINAL.pdf
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- Commerical Due Diligence (CDD) Federal contract opportunity
- Solicitation number
- HS0021-14-R-0054
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FINAL request for proposal for four (4) programs.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 20140925_CDD_4_Programs_Q_ _A.pdf | ||
| 20140925_HS0021-14-R-0054__FBO_FINAL.pdf | ||
| 20140919_CDD_Q_and_A_Final_v1.pdf | ||
| 20140918_CDD_Q_and_A_Final.docx | DOCX document | |
| 20140912_HS0021-14-R-0056_Draft_CDD.pdf | ||
| 20140912_HS0021-14-R-0056_WD.pdf |
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DEFENSE SECURITY SERVICE
SUMMER WILSON 571.305.6709
RUSSELL-KNOX BUILDING
27130 TELEGRAPH ROAD
QUANTICO VA 22134-2253
571.305.6709
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)
1500000
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
HS0021-14-R-0054 12-Sep-2014
b. TELEPHONE NUMBER 571.305.6709
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 26 Sep 2014
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 ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
22. UNIT 23. UNIT PRICE 24. AMOUNT 21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BY OFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
HS0021
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE HS0001 16. ADMINISTERED BY
DEFENSE SECURITY SERVICE
JENNIFER GABELER
RUSSELL-KNOX BUILDING
27130 TELEGRAPH ROAD
QUANTICO VA 22134
TEL: 571 305-6219 FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
SUMMER WILSON
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
541690
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
HS00214858
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:
1 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 X
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
FINAL PARTIAL COMPLETE
36. PAYMENT 35. 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
HS0021-14-R-0054
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 4 Defense Program Supply Chain Map
FFP
The contractor shall provide all the resources required to accomplish the task as identified in section five (5) of the PWS and deliverable 0001. The assessment should be on the following programs: 1. Advanced extremely high frequency satellite program; 2. Warfighter Information Network;
3. Joint precision approach and landing system; 4. Enhanced polar system.
FOB: Destination
PURCHASE REQUEST NUMBER: HS00214858
NET AMT
0002 4 Assessment of Company or Supplier Risk
FFP
The contractor shall provide all the resources required to accomplish the task as identified in section five (5) of the PWS and deliverable 0002. The assessment should be on the following programs: 1. Advanced extremely high frequency satellite program; 2. Warfighter Information Network;
3. Joint precision approach and landing system; 4. Enhanced polar system.
0003 4 Assessment of Supply Chain Risk of Defen
FFP
The contractor shall provide all the resources required to accomplish the task as identified in section five (5) of the PWS and deliverable 0003. The assessment should be on the following programs: 1. Advanced extremely high frequency satellite program; 2. Warfighter Information Network;
3. Joint precision approach and landing system; 4. Enhanced polar system.
0004 4 Months Monthly Reports
FFP
The contractor shall provide all the resources required to accomplish the task as identified in section five (5) of the PWS and deliverable 0004. The monthly reports should be on the following programs: 1. Advanced extremely high frequency satellite program; 2. Warfighter Information Network;
3. Joint precision approach and landing system; 4. Enhanced polar system.
0005 1 Each Contractor Manpower Reporting
FFP
The contractor shall comply with the Department of Defense's Contractor Manpower Reporting (CMR) requirements.
https://dodcmra.hqda.pentagon.mil/Login.aspx
PWS
1. Background:
The Defense Security Service (DSS) mission with cleared insdustry requires information and threat intelligence to strengthen assessments of the supply chain risk to critical program information and technology resident in cleared industry.
2. Objective:
This business process reengineering (BPR) project continues previous work, and will assist in driving cultural change in DSS as well as the Intelligence Community. DSS will accomplish this objective by enhancing the effectiveness and efficiency of its analytical capabilities.
Effectiveness and efficiency will be improved through incorporating commercial due diligence type analytical methodology to more effectively detect risk posed to critical technologies by illicit supply chains. In addition, DSS will be better positioned to inform supply chain risk managers about vulnerabilities identified in the Defense program’s supply chains.
The commercial due diligence type analysis and subsequent report will allow will DSS to:
- Identify threats and vulnerabilities that potentially impact national security
- Identify the potential for illicit activity in supply networks and the methods used to conceal that activity using open sources to assess historical activities
- Identify funding from foreign intelligence or terrorist entities
- Decompose and recompose defense technology supply chains
This will provide an enhanced understanding of the integration and nature of commercial relationships between foreign entities, cleared contractors and threats/vulnerabilities of their business practices. This will also facilitate the identification, interdiction and/or neutralization of illicit commercial networks before they manifest as a threat to national security.
3. Scope:
The contractor will provide commercial due diligence type studies, reports, and analysis to map out the financial and business practices of companies engaged in selected DoD programs to assist in the understanding of the relationships between foreign entities, cleared companies, and threats or vulnerabilities inherent in financial and/or business practices between foreign entities and cleared companies.
The contractor will use a framework to proactively identify entities (persons, organization or companies) that pose a threat or vulnerability to the supply chain of Major Defense Acquisition Program (MDAP). The key steps in this process include:
1. Illumination of the Supply Chain: Identify the key components and suppliers
2. Assess the threat or vulnerability of the key suppliers: Determine a “risk” score for each entity for each category and an overall “risk” score by averaging individual category scores.
a. Categories include but are not limited to: Parent, Location, Personnel, Industry
Breadth, Finances, Bankruptcy, Legal, Customers, Foreign Influence, Partners.
b. A “risk” scale will be determined for each of these factors and presented for approval by DSS.
3. Perform an in-depth Due Diligence type analysis on entities that exceed the acceptable “risk” score as determined by DSS and the customer.
4. Level of Expertise Required:
The contractor shall have demonstrated experience performing similar due diligence, research, and analysis for other Intelligence Community clients with emphasis on supply chain risk analysis and research, development, and acquisition programs. The contractor shall have demonstrated international reach and access to globally deployed business professionals and cross-functional expertise in multiple commercial industries with the following capabilities:
• Major mergers and acquisitions (M&A) due diligence
• Competitive intelligence
• Financial risk analysis
• Global supply chain risk management
• Risk identification and modeling
• Risk analysis, assessments, and impact measurements
• Risk monitoring and evaluation
• Audit, tax, and regulatory compliance
5. Deliverables:
The successful Contractor shall perform studies of DoD programs using due diligence methodologies drawing on publicly available information for each program. The Contractor shall characterize business networks and platforms within programs by focusing on the prime and subcontractors, foreign entities, key executives, targeted industries, technologies, and supply chains, using publicly available information. The Contractor shall not contact representatives or employees of prime or subcontractors involved in the specified programs on in the performance of this work. All deliverables shall be submitted electronically to the contracting officer’s representative (COR).
Deliverable 0001: Defense Program Supply Chain Map – Contractor will represent the Contractor identified or government provided links between contractors/suppliers and the program offices. The graph will depict the domestic and the foreign suppliers to facilities and companies manufacturing and producing technology for integration into the Defense program. The map will be delivered in hard copy and in structured digital data (csv or exl files).
Deliverable 0002: Assessments of Company or Supplier Risk to a Defense Program – The Contractor will provide an assessment of contractor identified or government provided companies or suppliers using a structured, repeatable, and feasible methodology for evaluating risk. Each assessment will include an overview of the company or supplier, company or supplier identifying information, an explanation of the relationship to the Defense programs, and the quantitative results of the risk assessments. The Contractor will include a list of sources and proprietary business or financial analysis used to score each factor in the risk assessment methodology.
Deliverable 0003: Overall Assessment of Supply Chain Risk to a Defense Program – The Contractor will provide a quantitative assessment of the risk to a Defense Program based only on the information available to the contractor to make the assessment using the factors and scaling discussed in the scope paragraph. This deliverable will include an overview of the program and an analysis of the numerical data used to make the overall assessment.
Monthly status reports: Each monthly status report shall detail progress and issues. The report shall contain the prior month’s starting point and the progress made during the month as well as any issues that need to be addressed.
6. Deliverable Schedule:
The contractor shall provide all reports no later than 120 days after contract award (unless otherwise stated in the task order) to complete the review, provide the assessment and findings. Monthly reports are due by noon on the second Monday of the month, except when a Monday is a Federal holiday in which case the report is due by noon on the second Tuesday.
7. Period of Performance:
120 days from the date of contract
8. Place of Performance:
The Contractor shall require access to DSS Headquarters facility for meetings and initial collection of data to perform assigned task. The Contractor shall utilize their own facility for the performance of the work identified in this statement of work.
9. Additional/Special Requirements:
a. Conflict of Interest: The Contractor shall not consider or recommend in the reports required by this solicitation any software solution written, provided or sold by the Contractor and DSS shall not purchase any software solution written, provided or sold by the contractor. Work under this contract may lead to Organizational Conflict of Interest (OCI). The contractor shall notify the CO immediately whenever it becomes aware that a violation of DFARS 252.209-7006 and/or 252.209- 7007 has occurred or has the potential to occur. If the contractor believes an OCI is viable or potential OCI could occur the vendor shall promptly submit a plan to the CO to avoid or mitigate the proposed OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
b. Non Disclosure Agreements: The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases. If either the Government or the Contractor discovers new or unanticipated threats or hazards, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. A non-disclosure agreement shall be signed by all contractor employees supporting this effort.
c. Invoicing: Invoices shall be submitted upon completion of deliverables. Payment will be made in accordance with the Prompt Payment Act and the “Submission of Invoices” clause in the contract.
d. Security: All Contractors supporting this effort must have a current Top Secret security clearance with SCI eligibility.
e. Ownership of Products: All original reports produced under this contract are the property of the Defense Security Service (DSS) use of the materials provided shall not be restricted in any manner.
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 120 dys. ADC 4 DEFENSE SECURITY SERVICE
JENNIFER GABELER
RUSSELL-KNOX BUILDING
27130 TELEGRAPH ROAD
QUANTICO VA 22134
571 305-6219
HS0001
0002 120 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0003 120 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0004 120 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0005 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-15 Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009
JUN 2010
52.204-2 Security Requirements AUG 1996 52.204-2 Security Requirements AUG 1996 52.204-13 System for Award Management Maintenance JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.215-7008 Only One Offer OCT 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).
(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 name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(e) 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.
(f) 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.
(g) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(h) 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.
(i) 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) A summary of the rationale for award;
(3) 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 (JAN 1999)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; there will not be an additional solicitation issued after this notice. This acquisition will be conducted in accordance with FAR 13.5, Test Program for Certain Commercial Items. This solicitation document incorporates provisions and clauses that were in effect through Federal Acquisition Circular 05-76 dated 25 July
(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:
Factor 1: Technical Response Factor 2: Staffing Plan Factor 3: Management Plan Factor 4: Past Performance Factor 5: Price https://www.acquisition.gov/
(1). FACTOR 1 – Technical Response: The Offeror shall demonstrate understanding of the requirements of the Performance Work Statement (PWS). The proposal will be evaluated based on the proposed approach to perform the work.
(2) FACTOR 2 - Staffing Plan: The offeror’s proposal will be evaluated to determine if the staffing plan is reasonable to ensure adequate level of personnel to perform the work and if the proposed personnel possess adequate education and experience to successfully perform the contract work effort in accordance with the performance work statement.
(3) FACTOR 3 – Management Plan: The proposal will be evaluated to determine if the proposed management process and procedures are adequate to ensure timely and quality performance of the PWS requirements.
(4) FACTOR 4- Past Performance: The proposal will be evaluated to determine if the past performance examples provided are of a similar scope and magnitude of this requirement.
(5) FACTOR 5- Price: Price analysis will be used to determine that the prices are fair and reasonable. Price will not be assigned an adjectival rating or be scored. This part of the proposal shall include details for all resources required to accomplish the requirements (e.g., labor hours, rates, incidental equipment, etc.). The price proposal shall identify labor categories in accordance with the Labor Rate Tables contained within the offeror's base contact.
Provide a billing schedule for the base year and all option years (billing schedule shall be based on the deliverable schedule) of each task order.
(6). Relative Importance of Factors. The relative importance of each factor is as follows: Factor 1, Factor 2, Factor 3, Factor 4 are of equal importance. All evaluation factors other than Price, when combined, are approximately equal to price.
Technical/Risk Ratings The following adjectival ratings and assessments will be used for Factor 1 – Factor 3 as defined below:
Combined Technical/Risk Ratings Rating Description Outstanding 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 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 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 Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.
Unacceptable Proposal does not meet requirements and contains one or more deficiencies.
Proposal is unawardable.
Factor 4 (Past Performance) will be evaluated using the following ratings in Table 2. Table 2 provides rating definitions concerning the relevancy of past performance information.
Table 2 Past Performance Relevancy Ratings Rating Definition Very Relevant
Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant
Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant
Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
(b). Options: N/A
(c) Past performance information is proprietary source selection information. If there is a problem with the proposed subcontractor's past performance, the prime can be notified of a problem, but no details, may be discussed without the subcontractor's permission.
(i) Multi-functional firms shall submit a proposal with references only for work done by the segment of the firm submitting the proposal (division, group, unit), not the firm in general.
(ii) For the purpose of evaluation of past performance information, offerors shall be defined as business arrangements and relationships such as joint ventures, teaming partners, and major subcontractors. Each firm in the business arrangement will be evaluated on its performance under existing and prior contracts for similar products or services.
(iii) In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available; the offeror may not be evaluated favorably or unfavorably on past performance.
(iv) The contractor shall provide the consent of the team members before the Government can disclose the past performance information to the prime during discussions. The consent must be provided as part of the prime's proposal. The Government will only discuss past performance information directly with the prospective prime or sub-contractor that is being reviewed.
(d) 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.
(e) The proposal evaluation and discussion procedures in Federal Acquisition Regulation (FAR) Part 15.305 do not apply to this requirement. The Government will not establish a competitive range; nor conduct "discussions" with all responders within a competitive range, or request final proposal revisions ("best and final offers") from offerors.
After proposals are received, offerors may be contacted to request additional oral or written information from one or more offerors, but not necessarily from all offerors for clarification purposes only. The Government may require clarifications from only the highest rated offeror(s), and/or may make inquiries with only the highest rated offeror as necessary to finalize information/price/cost prior to making an award. The Government will employ a Best Value Trade-Off evaluation method for this requirement.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
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 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;
http://www.acquisition.gov/
(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.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
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 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.
"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 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 electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.
[Offeror to identify the applicable paragraphs at (c) through (o) 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 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 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 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either--
(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It ( ___ ) has, ( ___ ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)
(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ )…
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