HSCG23-11-R-DBM004 RFP.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

WASHINGTON DC 205930001

2100 2ND ST. SW, Suite 1100 USCG Headquarters (CG-9121)

751F5 CODE 16. ADMINISTERED BYCODE

X

X

611699

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/21/2010 1400 ET

11/23/2010

2024753786Miriam Callahan (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSCG23-11-R-DBM004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 31 2111231DBM004OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Alameda CA 945015100 Attn: KAREEM W. HAZARD Coast Guard Island USCG Force Readiness Cmmd (FC-5)

15. DELIVER TO

WASHINGTON DC 205930001

2100 2ND ST. SW, Suite 1100

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

USCG Headquarters (CG-9121)

SOLE SOURCE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

It is anticipated that this contract will be awarded as an Indefinite Delivery Indefinite Quantity (IDIQ) type contract with a five (5) year ordering period.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Robert A. Mann-Thompson

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Contract Year 1

00001 Fiberglass Reinforced Plastic/Wooden Boat 5 EA

Inspection Training Course for 20 students.

Minimum quantity: 1

Maximum quantity: 5

Period of Performance: 01/17/2011 to 01/16/2012

Contract Year 2

10001 Fiberglass Reinforced Plastic/Wooden Boat 5 EA

Inspection Training Course for 20 students.

Minimum quantity: 1

Maximum quantity: 5

Period of Performance: 01/17/2012 to 01/16/2013

Contract Year 3

20001 Fiberglass Reinforced Plastic/Wooden Boat 5 EA

Inspection Training Course for 20 students.

Minimum quantity: 1

Maximum quantity: 5

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

31 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSCG23-11-R-DBM004

Period of Performance: 01/17/2013 to 01/16/2014

Contract Year 4

30001 Fiberglass Reinforced Plastic/Wooden Boat 5 EA

Inspection Training Course for 20 students.

Minimum quantity: 1

Maximum quantity: 5

Period of Performance: 01/17/2014 to 01/16/2015

Contract Year 5

40001 Fiberglass Reinforced Plastic/Wooden Boat 5 EA

Inspection Training Course for 20 students.

Minimum quantity: 1

Maximum quantity: 5

Period of Performance: 01/17/2015 to 01/16/2016

The guaranteed minimum order for this contract is one (1) class.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION 1

1.1 [ATTACHMENT 1] Contractor Training Support Services For the U.S. Coast Guard FORCECOM SOW (10Pages), dated November 22nd, 2010, is hereby attached.

SECTION 2

2.1 PACKAGING AND MARKING:

a. The contract number and task order number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

b. IAW Section 7.0 of the SOW, the Contractor shall send all contract deliverables to the Contracting Officer’s Technical Representative (COTR) via e-mail. The Contracting Officer (KO) and the Contract Specialist (KS) shall be carbon copied on the e-mail. Contact information for the COTR and the KS shall be provided under separate cover at time of award. As an alternative, only if e-mail is not available, the Contractor may mail contract deliverables to the below address:

Commandant (CG-443) 2100 2nd Street, SW RM 6507 Stop 7901 Washington, DC 20593-7901 Phone: (202) 475-5686

2.2 INSPECTION AND ACCEPTANCE:

In addition to 52.212-4 (a):

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this section, the Contracting Officer’s Technical Representative is the authorized representative of the Contracting Officer.

2.3 DELIVERIES AND PERFORMANCE:

a. Period of Performance:

The period of performance for this IDIQ contract shall be for a 5 year (60 months) period from date of award.

b. Deliverables:

The specific requirements for all deliverables will be described in each task order under this contract.

2.4 ORDERING (INDEFINITE DELIVERY TYPE CONTRACTS)

All Warranted Contracting Officers of the United States Coast Guard are authorized ordering officers. IAW FAR 52.216-18, services to be furnished under this contract shall be furnished at such times as ordered by the issuance of Task Orders by the Contracting Officer. All orders are subject to the terms and conditions of the contract. This award will be made on a firm-fixed price basis and all subsequent task orders awarded against this IDIQ contract shall be firm-fixed price. This contract shall control in the event of conflict with any order.

2.5 ORDERING PROCEDURES

Task Orders issued shall include, but not be limited to the following information (when applicable):

(a) Date of order;

(b) Contract and order number;

(c) Type of Order;

(d) Appropriation and accounting data;

(e) Description of the services to be performed;

(f) Description of end item(s) to be delivered;

(g) Contract Data Requirements List;

(h) The individual responsible for inspection/acceptance;

(i) Period of performance/delivery date;

(j) Estimated number of labor hours for each applicable labor category;

(k) List of Government furnished equipment, material, and information.

(o) Orders shall be priced IAW the labor rates as proposed.

2.6 REQUEST FOR PAYMENT:

In addition to 52.212-4 (g):

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper.

(b) Each invoice shall be e-mailed to the designated billing office at CG-9121-Invoices@uscg.mil, or cognizant ordering office to be identified on each task order awarded under this contract.

The Invoice Number, Contract Number, and Task Order Number (If applicable), Contracting Officer and Contract Specialist shall be identified in the email Subject Line.

(c) Each invoice shall also be e-mailed to the Contract Specialist and the Contracting Officer’s Technical Representative (COTR) at the addresses cited below:

miriam.p.callahan@uscg.mil Contract Specialist

(or cognizant Contract Specialist to be identified on each task order awarded under this contract.)

kareem.w.hazard@uscg.mil COTR

(d) The contractor shall submit SF 1034, Public Voucher for Purchases and Services Other Than Personal, and SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), or another form such as a company invoice to request payments under this contract. The forms or invoice must be completed as required by this clause.

(e) The SF 1034 shall be completed in accordance with the following instructions:

Caption on the SF 1034 Data to be Inserted in the Block

1. U.S. DEPARTMENT, BUREAU OR

ESTABLISHMENT, AND

LOCATION

Name and address of the contracting office which issued the contract.

2. DATE VOUCHER PREPARED Date voucher submitted to the designated billing office cited in the contract.

3. CONTRACT NO. AND DATE Contract No. and, when applicable, the Order No. and date as shown on the award document.

4. REQUISITION NO. AND DATE Leave blank or fill-in in accordance with the instructions in the contract.

5. VOUCHER NO. Start with "1" and number consecutively. A separate series of consecutive numbers must be used beginning with "1" for each contract number or order number (when applicable).

Note: Insert the word "FINAL" if this is the last voucher.

6. SCHEDULE NO.;

PAID BY;

DATE INVOICE RECEIVED

DISCOUNT TERMS;

PAYEE'S ACCOUNT NO.;

SHIPPED FROM TO WEIGHT;

GOVERNMENT B/L

Leave all these blocks blank

7. PAYEE'S NAME AND ADDRESS Name and address of contractor as it appears on the contract. If the contract is assigned to a bank, also show "CONTRACT ASSIGNED" below the name and address of the contractor.

8. NUMBER AND DATE OF ORDER Leave blank. (See #3 above.)

9. DATE OF DELIVERY OR SERVICE The period for which the incurred costs are being claimed (e.g., month and year; beginning and ending date of services, etc.).

10. ARTICLES OR SERVICES Insert the following:

"For detail, see the total amount of the claim transferred from the attached SF 1035, page X of X."

One space below this line, insert the following:

"COST REIMBURSABLE-PROVISIONAL

PAYMENT."

11. QUANTITY; UNIT PRICE (COST;

PER)

Leave blank

12. AMOUNT Insert the total amount claimed from the last page of the SF 1035.

13. Payee must NOT use the space below. Do NOT write or type below this line.

(f) The SF 1035 (Continuation Sheet) shall be completed in accordance with the instructions below. Use the same basic instructions for the SF 1035 as used for the SF 1034. Ensure that the contract and, if applicable, order number, are shown on each continuation sheet. Use as many sheets as necessary to show the information required by the contract, contracting officer, or cognizant audit agency; however, if more than one sheet of SF 1035 is used, each sheet shall be in numerical sequence.

(g) The following items are generally entered below the line with Number and Date of Order; Date of Delivery or Service; Articles or Services; Quantity; Unit Price; and Amount (but do not necessarily tie to these captions).

(1) Show, as applicable, the target or estimated costs, target or fixed-fee, and total contract value, as adjusted by any modifications to the contract or order. The FAR permits the contracting officer to withhold a percentage of fixed fee until a reserve is set aside in an amount that is considered necessary to protect the Government's interest.

(2) Show the following items and supporting data as applicable to the contract or order:

(a) Time-and-Materials, Labor-Hour.

1. Labor. List each contract line item number and corresponding labor category description and hourly rate, labor hours performed, and extended total labor dollars (hourly rate multiplied by labor hours performed)

2. Materials and Subcontracts

(a) List each direct material item, quantity purchased, item cost, and extended total cost (quantity purchased multiplied by item cost). Cite any material handling costs allocated to direct materials.

(b) List each authorized subcontract by subcontractor name. List each item or service, quantity purchased, item or service cost, and extended total cost (quantity purchased multiplied by item or service cost).

3. Travel. List the name and title of traveler, place of travel, and travel dates. If the travel claim is based on the actual costs expended, show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. These actual costs must be supported with receipts to substantiate the costs paid. Cite any applicable indirect costs allocated to travel.

4. Total of 1. through 3. Enter this amount on the SF 1034.

5. Cumulative value of all previous requests for payment paid to date.

(b) Cost Reimbursement.

1. Direct Labor. List each labor category, rate per labor hour, hours worked, and extended total labor dollars per labor category.

2. Premium Pay/Overtime. List each labor category, rate per labor hour, hours worked, and the extended total labor dollars per labor category. Note: Advance written authorization must be received from the contracting officer to work overtime or to pay premium rates; therefore, identify the contracting officer's written authorization to the contractor.

3. Fringe Benefits. If fringe benefits are included in the overhead pool, no entry is required. If the contract allows for a separate fringe benefit pool, cite the formula (rate and base) in effect during the time the costs were incurred. If the contract allows for billing fringe benefits as a direct expense, show the actual fringe benefit costs.

4. Materials, Supplies, Equipment. Show those items normally treated as direct costs. Expendable items need not be itemized and may be grouped into major classifications such as office supplies.

However, items valued at $5,000 or more must be itemized. See (FAR) 48 CFR Part 45, Government Property, for reporting of property.

5. Travel. List the name and title of traveler, place of travel, and travel dates. If the travel claim is based on the actual costs expended, show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. These actual costs must be supported with receipts to substantiate the costs paid. Travel costs for consultants must be shown separately and also supported.

6. Other Direct Costs. Itemize those costs that cannot be placed in categories 1. through 5. above.

Categorize these costs to the extent possible.

7. Total Direct Costs. Cite the sum of categories 1. through 6. above.

8. Overhead. Cite the rate, base, and extended amount.

9. G&A Expense. Cite the rate, base, and extended amount

10. Total Costs. Cite the sum of categories 7 through 9 above.

11. Fee. Cite the rate, base, and extended amount.

12. Total Cost and Fee Claimed. Enter this amount on the SF 1034.

13. Cumulative value of all previous requests for payment paid to date.

(f) Completion Voucher. The completion (final) voucher, also referred to as the final invoice, is the last voucher to be submitted for incurred, allocable, and allowable costs expended to perform the contract or order. This voucher should include all contract reserves, allowable cost withholdings, balance of fixed fee, etc. However, the amount of the completion voucher when added to the total amount previously paid cannot exceed the total amount of the contract.

(g) The following additional data must be submitted with the final request for payment, if applicable:

(1) DHS Form 700-3, Contractor's Release.

(2) DHS Form 700-2, Contractor's Assignment of Refunds, Rebates, Credits, and other amounts.

(3) DHS Form700-1, Cumulative Claim and Reconciliation Statement.

(4) DD Form 882, Report of Inventions and Subcontracts.

SECTION 3

3.1 CLAUSES AND PROVISIONS

The following FAR & HSAR Provisions and Clauses are incorporated by reference:

Clause No. Title and Date

52.203-3 GRATUITIES (APR 1984)

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT. (JAN

2005)

52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS (APR 2010)

52.209-8 UPDATES OF INFORMATION REGARDING

RESPONSIBILITY MATTERS (APR 2010)

52.216-18 ORDERING (OCT 1995) fill in: date of award through five years thereafter.

52.216-22 INDEFINITE QUANTITY (OCT 1995) fill in: five years after award.

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING

WHILE DRIVING (SEP 2010)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.227-14 RIGHTS IN DATA – GENERAL. (DEC 2007)

52.237-3 CONTINUITY OF SERVICES. (JAN 1991)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

HSAR 3052.209-70 Prohibition on Contracts With Corporate Expatriates (DEC 2003)

HSAR 3052.219-70 Small Business Subcontracting Plan Reporting (JUN 2006)

HSAR 3052.242-71 Dissemination of Contract Information (DEC 2003)

HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003)

3.2 52.212 -1-- INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (JUN 2008)

(Incorporated by Reference)

3.2.1 In addition to the requirements listed in FAR Part 52.212-1, the Offeror shall submit the following along with their proposal to further demonstrate their technical approach:

3.2.1.1 A Staffing Plan along with resumes of all key personnel and of each proposed instructor.

3.2.1.2 A Draft Project Plan for the project including a draft student course evaluation questionnaire.

3.2.1.3 Draft Curricula to be used for course instruction.

3.2.2 The Offerors shall record their firm fixed prices on the SF 1449. Proposed prices shall include all labor, tools, materials, and facilities needed to conduct the training class IAW the SOW.

3.2.3 In addition to the requirements listed in FAR Part 52.212-1(b)(10), Offerors shall submit three references utilizing the Past Performance Evaluation Document (Attachment II). Offers shall submit the Past Performance Evaluation Documents along with their proposals. Offerors shall complete SECTION A of the Past Performance Evaluation Document.

SECTION B shall be completed by the Government during proposal evaluations. Offerors shall submit the Past Performance Evaluation Documents, with Section A completed, with the proposal. If there is no past performance information, please provide the following statement in your proposal "No Past Performance information available".

3.2.3.1 The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.

3.2.4 The Offeror shall submit their proposal in three volumes. Volume I shall be the SF-1449 with their firm fixed prices recorded. Volume II shall be the Technical Proposal, including the Staffing Plan, Resumes, Draft Project Plan, and Draft Curricula. Volume III shall be the Past Performance information. All attachments and appendices for each volume shall be appended behind the volume to which they pertain.

3.2.5 Offerors shall submit proposals via email to the following address: Miriam.P.Callahan@uscg.mil. Due to USCG Internet restrictions, electronic mail attachments over 5 MB in size may not be received. Therefore, please submit proposals greater than 5 MB via multiple emails. Offerors shall also mail 5 copies of the proposal to the following address:

Commandant (CG-9121) ATTN: Miriam P. Callahan US Coast Guard 2100 2nd St SW Stop 7112 Washington, DC 20593-7112

3.2.6 Proposals shall be limited to 25 pages with page numbers in sequential order. The page limits exclude 52.212-3 Offeror Representations and Certifications-Commercial Items, and Sub-contracting plans and addenda. Minimum font size is 11 points, excluding graphics and tables which may use a font size smaller than 11 point. Offerors shall only submit one copy of their proposals. Emailed proposals will be printed in black & white. Proposals shall include the solicitation number and offeror’s name on all pages of their proposal. Proposals shall be submitted in PDF format. Proposals shall be valid for a period of 3 months. Proposals shall be submitted on or before 23 December 2010 at 09:00 Eastern Time. It is each offeror's responsibility to ensure the proposal (in total) is received no later than the due date. Offerors are hereby notified that proposals not received by the date and time specified in this announcement will not be considered.

3.2.7 All questions shall be submitted by email to Miriam.P.Callahan@uscg.mil no later than 9 December 2010 at 16:00 Eastern Time. Offerors shall use email for all questions and correspondence related to this solicitation. The Government may respond to questions received prior to the question cutoff date and time.

3.3 52.212-2 EVALUATION - COMMERCIAL ITEMS. (JAN 1999)

(a) This is a best value acquisition. The Government will award a single contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be the most advantageous to the Government, price and all other evaluation factors considered. Selection and award of the resultant contract award will be based on a review of the offerors’ technical approach (including subfactors), the offerors’ relevant past performance, and the offerors’ price. The Technical Approach subfactors are equal in weight. Technical Approach is more important than Past Performance. When combined, they are more important than Price. The Government reserves the right to award to other than the lowest price offerors. The following factors shall be used to evaluate offers to determine best value:

Factor 1 – Technical Approach (Proposals shall be evaluated on the factor level. The use of the following equally-weighted subfactors is an aid to determine the overall factor rating.):

Subfactor 1– Technical Capability: The Government will evaluate each offeror’s Technical Proposal, including their draft curriculum, in order to determine their capacity to perform all the requirements outlined in the Statement of Work (SOW) [ATTACHMENT 1].

Subfactor 2– Management Approach: The Government will evaluate each offeror’s approach and project plan towards managing the effort, demonstrating their ability to provide timely, cost effective and efficient contract and program management to include any subcontractors or teaming partners to accomplish the requirement in the SOW.

Subfactor 3 – Staffing: The Government will evaluate each offeror’s Staffing Plan and Resumes in order to determine their ability to attract, retain and motivate top quality personnel with the critical skills and abilities IAW the SOW, both at contract award and during contract performance, and to determine the offeror’s policies regarding employee conduct including, criminal background, sexual harassment, training, and attire.

Factor 2– Relevant Past Performance: Provide past performance information for services directly related and relevant to the services to be performed under the SOW. To be considered relevant, the services must have been performed within the past three years.

Factor 3 – Price: The Government will evaluate the total overall price to determine price reasonableness.

Technical Approach is more important than Past Performance. When combined, they are more important than Price.

(b) 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.

3.4 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS. (AUG 2009) Alternate I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision -

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

"Forced or indentured child labor" means all work or service-

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

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

"Inverted domestic corporation" means a foreign incorporated entity 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).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

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

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

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

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

"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 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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ________ (Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.)

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.

(Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

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

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual Gross Revenues Number of Employees

___ 50 or fewer ___ $1 million or less ___ 51-100 ___ $1,000,001-$2 million ___ 101-250 ___ $2,000,001-$3.5 million ___ 251-500 ___ $3,500,001-$5 million ___ 501-750 ___ $5,000,001-$10 million ___ 751-1,000 ___ $10,000,001-$17 million ___ Over 1,000 ___ Over $17 million

(9) (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 database maintained by the Small Business Administration (PRO-Net), 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)(9)(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: _______________________

(10) 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 to the Equal Opportunity clause of this solicitation; and

(ii) It ___ has, ___ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It ___ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin (List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product, " "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act. "

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act - Free Trade Agreements -

Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act - Free Trade Agreements - Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act - Free Trade Agreements - Israeli Trade Act":

Canadian End Products:

(3) Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act - Free Trade Agreements - Israeli Trade Act":

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) ___ are, ___ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) ___ have, ___ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract;

violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ___ are, ___ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ___ Have, ___ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.

6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for…