Attachment_2_P45450_Provisions_FBO_1.15.15.pdf

REQUEST FOR PROPOSAL ATTACHMENT 2

SOLICATION NUMBER: HSCG85-15-R-P45450

SOLICITATION PROVISONS

Addendum to FAR 52.212-1

The clause at Instructions to Offerors—Commercial Items (Apr 2014) incorporated by reference is amended as to supplement with the following terms and conditions:

(1) TECHNICAL PACKAGE REQUESTS

Please send requests via email to Jennifer Sokolower at Jennifer.Sokolower@uscg.mil.

(2) INSTRUCTION FOR PROPOSAL CONTENT

Offeror’s proposals shall be submitted electronically in two password protected volumes.

When responding, please include “HSCG85-15-R-P45450 - Contractor Name” in the Subject Line. The electronic copy shall be compatible with Microsoft Office 2007, Adobe Acrobat XI Pro. Each volume must indicate: (1) the solicitation number: HSCG85-15-R- P45450 and (2) the name, email address, DUNS number, mailing address and telephone number of the Offeror. Please ask for a return e-mail confirming receipt of your electronic proposal. The password shall be submitted under a separate e-mail by the aforementioned date and time including “HSCG85-15-R-P45450 Proposal Password - Contractor Name” in Subject Line. Please note: there is not a character length or mixed case requirement imposed on your password. Please note emails larger than five megabytes will be rejected by the server.

Volume I: Offerors shall provide a 90 day timeline for availability commencing no sooner than the 15 April 2015 and no later than the 30 April 2015. Offerors shall submit with their offer a (1) pre-award drydocking certification as required by SFLC Std Spec 8634, Paragraph 3.2.1 and 3.4.1.1 and provide (2) pre-award calculations, as required by SFLC Std Spec 8634, Paragraph 3.4.1.2 and Appendix A, A2.1 and as defined by paragraph A2.4. Submission is required even if the offeror possesses a current certification. Failure to submit the certification and calculations will result in the offer being rejected. Offerors shall provide certifications/qualifications of all technical representatives noted in the specification. Offerors shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), Standard Specification 0740.

Offeror’s proposals shall contain information on a maximum of three (3) references over the past three years that are relevant to this requirement to include: (1) Name of organization, (2) Current Point of Contact, Email Address and Phone Number, (3) Contract Number (4) Brief description of the effort and (5) Contract Value.

If the Offeror chooses to utilize and submit the Past Performance Questionnaire (see RFP Attachment 3), the offeror shall send questionnaires to the references in the paragraph above for completion. The references (not the Offeror) shall return the completed questionnaire to the e-mail address shown on the Questionnaire no later than seven business days prior to the closing date of this solicitation. Any completed questionnaire returned directly by the Offeror to the Government will not be accepted.

The Offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline. The Questionnaire and the instructions for processing the Questionnaire are an attachment to the RFP.

Volume II: The Contractor shall submit proposals on a firm-fixed price basis. Volume II shall contain the following:

(1) The Schedule (SF 1449) and below information –. The Schedule shall be filled out with the summation of the total contract price. Each CLIN must include a unit price and extended amount. The Schedule shall also be signed and dated in block 30. The contractor shall include in Volume II the below Composite Labor Rate and Lay Day Tables completed.

COMPOSITE LABOR RATE

LABOR HOUR

RATE

ESTIMATED

QUANTITY**

EXTENDED

AMOUNT*

7,000

**NOTE: The estimated quantity and extended amount indicated above are for evaluation of offers only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.

LAY DAYS

The Contractor shall provide a price for dry dock Lay Days in accordance with HSAR 3052.217-94 (DEC 2003). The proposed price per day will apply to all lay days. The estimated quantity of 5 days is for evaluation purposes only.

PRICE PER DAY

ESTIMATED

QUANTITY**

EXTENDED

AMOUNT*

(2) Representations and Certifications (52.212.3), Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (52.209-5) and Small Business Program Representations (52.219-1) shall be provided.

(3) A signed letter of mentor-protégé agreement approval from the DHS Office of Small

Business and Disadvantaged Business Utilization (OSDBU) shall be provided. (Not applicable to Small Business)

(4) Any amendments to the solicitation (signed SF-30).

Offerors shall include a completed, signed copy of the entire solicitation with all appropriate “fill-in” sections completed. If any exceptions are taken to the terms and conditions of the solicitation, they shall be clearly set forth in a cover letter; and they shall be explained by the Offeror with the understanding that the exceptions may render the Offeror’s proposal unacceptable to the government.

(3) PROPOSAL PAGE LIMIT

There is no page limit for either volume of the proposal.

(4) PROPOSAL SUBMISSION

Proposals shall be submitted via email to Jennifer Sokolower via email at Jennifer.Sokolower@uscg.mil by the date in block 8 of the 1449. An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f).

(5) VALIDITY PERIOD OF PROPOSALS

The Offeror agrees to hold the prices in its proposal firm for 60 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the solicitation.

(6) SOLICITATION QUESTIONS

Questions shall be submitted by 01/26/2015 1200 PT in order to provide the Government and Offerors adequate time to prepare for proposal submissions. Questions received after the above cutoff date and time may not be answered. Submission of questions and any resulting answers from the Government will not require the Contracting Officer to extend the solicitation closing date. All Amendments to the solicitation will be posted via http://www.fedbizopps.gov. Note: The Government will not pay for costs incurred in the preparation and submission of proposals or other costs incurred in response to this announcement.

Contractors doing business with the Government are required to register in the System for Award Management (SAM) database before they can be awarded a contract. A template containing the information for registration can be found at:

https://www.sam.gov/portal/public/SAM/#1

(7) DHS NOTICE TO OFFERORS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit either Certified Cost or Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15-403-3) to support price negotiations.

(8) INSPECTION OF CUTTER PRIOR TO SUBMISSION OF PROPOSALS

The USCGC POLAR STAR is not in port and will not be available for ship check during the solicitation period.

(9) NOTICE OF PREAWARD SURVEY

The Government reserves the right to complete a pre-award survey prior to contract award. Areas of interest on the survey may include: Performance Plans; Quality control or contractor quality assurance Plans; Personnel recruitment and training plans; Workload factors for manpower utilization; Management plan for handling peak workloads;

Production capability; Plant facilities and equipment; Purchasing and subcontracting;

Labor resources; Performance record; Ability to meet delivery schedules; Ability to perform production work in accordance with the specifications; Environmental/energy considerations; Plant safety; Technical and/or professional abilities; Accounting systems;

Security clearance; and Government property control.

(10) NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

(11) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

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

www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar

PROVISION INCLUDED BY REFERENCE

NUMBER TITLE/DATE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications (Dec 2012)

(12) FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS. (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 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.

(ii) 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. § 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.

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

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph

(a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

(13) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

and

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

(14) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN

THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND

COMMERCIAL ITEM DESCRIPTIONS. (JUNE 1988)

The specifications cited in this solicitation may be obtained from:

United States Coast Guard, Jennifer Sokolower, 206-217-6552 Jennifer.Sokolower@uscg.mil

The request must be placed within 7 days of the solicitation issue date should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

It is the Contractor’s responsibility to verify drawing measurements prior to ordering materials.

(End of provision)

(15) FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(16) 52.217-5 EVALUATION OF OPTIONS (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

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

(End of provision)

(17) FAR 52.233-2 SERVICE OF PROTEST. (SEPT 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the

Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jennifer Sokolower at Jennifer.Sokolower@uscg.mil.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

(18) PRE-AWARD DRYDOCK CERTIFICATIONS AND PRE-AWARD

DRYDOCK CALCULATIONS:

Offerors shall submit with their offer (preferably before) a (1) pre-award drydocking certification as required by SFLC Std Spec 8634, Paragraph 3.2.1 and 3.4.1.1 and provide

(2) pre-award calculations, as required by SFLC Std Spec 8634, Paragraph 3.4.1.2 and Appendix A, A2.1 and as defined by paragraph A2.4.

Submission is required even if offeror possesses a current certification. Note: drydocks older than 10 years require re-certification.

Failure to submit the certification and calculation(s) will result in the offer being rejected.

(19) LOCATION OF OFFEROR’S COMMERCIAL SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard that will vary with the location of the commercial shipyard to be used by the offeror as further defined in Evaluation Factors for Award, the offeror is required to provide, in the space below, the exact location of the shipyard to be used to perform the services required under this solicitation. The offeror is cautioned that its failure to provide the location of its commercial shipyard in the space provided may result in its bid being declared nonresponsive under the provisions of an Invitation for Bids or its proposal being declared deficient under the terms of a Request for Proposal.

Name and location Shipyard:

(End of provision)

(20) DISTANCE FACTOR ADJUSTMENT

(a) The work shall be accomplished at the Contractor's commercial shipyard.

(b) The U.S. Coast Guard will incur certain costs listed below incident to moving the vessel to and from the Contractors Commercial Shipyard, as well as expenses related to U.S. Coast Guard personnel engaged in inspection and other support activities during the availability.

FORESEEABLE COST FACTORS PERTAININGTO DIFFERENT SHIPYARD

LOCATIONS:

(1) If the Contractor's offered place of performance is more than fifty (50) driving miles from USCG Base Seattle, there will be a transportation cost for U.S. Coast Guard Representative(s) for 12 round trip(s) between the Contractor's offered place of performance and USCG Base Seattle at the cost of coach-type airfare.

(2) If the Contractor's offered place of performance is more than fifty (50) driving miles from USCG Base Seattle, "Per Diem" expenses for 60 days to support U.S. Coast Guard Representative(s) while in the city of the place of contract performance determined in accordance with the Joint Federal Travel Regulations (JFTR).

(3) Facility costs to navigate vessel between its homeport and the Contractor's offered place of performance (round trip) is $262.82 per nautical mile.

(4) Family separation allowance for 50 personnel with dependents on board at $8.33 per day for each personnel for 90 days each when the place of performance is more than fifty

(50) driving miles from the homepier of the vessel. The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation. See U.S. Coast Guard Pay Manual, COMDTINST M7220.29, Chapter 3-F.

(5) Crew's transportation during overhaul away from home port. As required by 37 USC 406 b. and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a ship being away from home port, and every sixty (60) days thereafter, all personnel with dependents will be provided round trip coach type airfare to the ship's homepier. There will be 1 home port visit(s) during the performance of this contract. The vessel has 50 personnel with dependents onboard. The cost of this airfare will be determined from the official airline guide. The calculation of trips does not include travel time to and from the overhaul place of performance. See Joint Federal Travel Regulations (JFTR), Chapter 5, Part C, paragraph U5222 and Chapter 7, Part F, paragraph U7115.

52.212-2 EVALUATION—COMMERCIAL ITEMS. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 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:

(i) Technical.

This factor is pass/fail. Offers will pass if:

a. Offerors proposed a 90 day period that is within the timeline of availability. Note: the Government will not consider the Offeror’s exact dates as part of the evaluation, just that the dates are 90 consecutive days and within the availability timeframe.

b. Offerors provided a current certification of its drydocking facility and its pre-award calculations are compliant with SFLC Standard Specification 8634.

c. Offerors provided certifications/qualifications of all technical representatives meet the requirements of the specification.

d. Offerors provided the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), Standard Specification 0740.

(ii) Relevant Past Performance:

The Government’s intent is to evaluate each offerors past performance, including quality of product; price control; timeliness of performance; business relationships; utilization of small business; and customer satisfaction, to determine whether the Offeror consistently delivered quality products in a timely manner in the past. This factor will be evaluated on the basis of relevant past performance for the Offerors during the last three (3) years, including performance on contracts of similar scope (prime contractor on a drydock and ship repair contract), on contracts for a similar contract value, technical complexity and performance period. The information presented in the Offerors’ proposals, together with information from any other sources available to the Government (e.g., Government-controlled Contractor performance databases and references including contractual, technical, and end-user representatives) may provide input for the evaluation of this factor. A lack of any relevant past performance information will be treated by the Government as a “neutral” under this factor.

(iii) Evaluation Of Prime Contractor Participation In The DHS Mentor-Protégé Program

Offerors will be acceptable under this factor if a signed letter of mentor- protégé agreement approval from the DHS Office of Small Business and Disadvantaged Business Utilization (OSDBU) is provided with the proposal. This factor is not applicable to Small Business Prime Contractors.

(iv) Price, including composite labor rate, lay days, foreseeable costs

The pricing in the schedule, as well as the composite labor rate extended, lay day rate extended and foreseeable costs will be used by the Government to evaluate the total evaluated price.

Evaluation will be based upon the receipt of competitive offers, comparison to published commercial and historical prices, and to the Independent Government Cost Estimate (IGCE). Offerors are encouraged to provide their most favored customer pricing and discounts with their initial proposal.

Basis for award shall be to the responsible Offerors whose proposal offers the best value to the Government based on the guidance at FAR 15.101, Best Value Continuum and the guidance for evaluation of Commercial Items at FAR 12.602(c). Evaluation factors other than price, when combined, are approximately equal to price.

The Government intends to evaluate proposals and award without discussions with Offerors. Therefore, each initial offer shall contain the Offeror’s best terms from a technical and price standpoint. The Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer. The Government may reject any or all offers if such actions is in the public interest and waive informalities and minor irregularities in offers received.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS. (DEC 2014), ALTERNATIVE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

“Manufactured end product” means any end product in 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.

“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.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and

(ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“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.

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

SAM.]

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

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

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

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

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

(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.

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

(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) 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)(10)(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native

Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(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 $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this…