HSFE07-12-R-0001 RFP.pdf

U.S. Department of Homeland Security Federal Emergency Management Agency Office of the Chief Procurement Officer

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: HSFE07-11-R-0001 Posted Date: Friday, 7 October 2011 Deadline for Questions: Thursday, 13 October 2011, 0800 CST Proposal Due Date: Tuesday, 1 November 2011, 1230 CST Classification Code: Z161 – Maintenance of Family Housing Facilities Set Aside: Local Firm, Total Small Business NAICS Code: 238990 – All other Specialty Trade Contractors

Contracting Office Address

Department of Homeland Security Federal Emergency Management Agency

Mission Support Bureau Office of the Chief Procurement Officer

Region VII – DR-1980-MO Columbia Joint Field Office

1512 Heriford Road Columbia, MO 65202

TABLE OF CONTENTS

Description Place of Performance Solicitation Provisions and Contract Clauses

• FAR 52.212-1, Instructions to Offerors – Commercial Items

• FAR 52.212-2, Evaluation – Commercial Items o Technical Approach o Price Proposal o Basis for Award and Evaluation Methodology o Definitions

• FAR 52.212-3, Offeror Representations and Certifications – Commercial Items

• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

• FAR 52.209-5, Certification Regarding Responsibility Matters

• FAR 52.209-7, Information Regarding Responsibility Matters

• FAR 52.216-1, Type of Contract

• FAR 52.219-1, Small business Program Representations

• FAR 52.222-22, Previous Contracts and Compliance Reports

• FAR 52.222-25, Affirmative Action Compliance

• FAR 52.225-2, Buy American Act Certificate

• FAR 52.226-3, Disaster or Emergency Area Representation

• FAR 52.233-2, Service of Protest

• FAR 52.251-1, Solicitation Provisions Incorporated by Reference

• FAR 52.204-1, Approval of Contract

• FAR 52.216-18, Ordering

• FAR 52.216-19, Order Limitations

• FAR 52.216-22, Indefinite Quantity

• FAR 52.217-9, Option to Extend the Term of the Contract

• FAR 52.252-2, Clauses Incorporated by Reference

• Non-Personal Services

• Identification of Contractor Employees

• Performance Evaluation

• Government Quality Assurance and Surveillance

• Methods of Surveillance

• Notice of Delay

• Reports of Work

• Mandatory Participation in Electronic Invoice Process

• Invoices

• Project Monitor

• Technical Direction and Surveillance

• Accessibility of Meetings, Conferences, and Seminars to Persons with

Disabilities

• Reproduction of Reports

• Coordination of Federal Reporting Services

• Publication

• Government Furnished Property/Equipment

• Government Furnished Property/Equipment Disposal

• Confidentiality of Information

• Security Requirements

• Wage Determination

• Insurance Proposal Delivery Instructions

• Questions

• Alternate Proposal Information

• Content of Proposals

• Point of Contact List of Attachments

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

This solicitation is a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-53, dated August 4, 2011.

The FEMA Individual Assistance, Disaster Housing Operations is seeking to purchase long-term Maintenance and Deactivation of an estimated 630 temporary housing units (mobile homes, park models, and other types of prefabricated housing as determined by FEMA) in support of DR-1980 MO recovery.

All interested companies shall provide proposals for the Services and Supplies described in Attachment 1 (Statement of Work) and Attachment 2 (Pricing Worksheet):

Deliver terms for all supplies and services shall be FOB destination.

PLACE OF PERFORMANCE

Park Name SITE ADDRESS City County C&C Mobile Home Park 1519 W Express Lane Joplin Jasper Carefree Mobile Home Park 1225 Outer Rd Joplin Jasper Central City Mobile Home Park 172 Stiles Dr Oronogo Jasper Country Acres MH Community 4511 Dirt Rd Joplin Jasper Countryside Mobile Home Park 8922 County Lane 166 Carthage Jasper Fountain Road Park Village 4522 East Fountain Rd Joplin Jasper Hickory Lane Mobile Home Park CR 173 Hwy FF Joplin Jasper Hope Haven Airport Joplin Jasper Hope Haven 2 Airport Joplin Jasper Jeff Taylor Memorial Airport Joplin Jasper K-Wood Estates 200 East Zora St Joplin Jasper Oronogo Mobile Home Park 650 E Central Oronogo Jasper

Roger Mobile Home Park 125 County Ln 245 Webb City Jasper

Route 66 Mobile Home Park 1627 W Oak St Carthage Jasper Sherwood Forest MHP 6255 County Loop 187 Joplin Jasper FEMA Joplin Division Office 3535 John Q. Hammonds Blvd Joplin Jasper

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR 52.212-1, Instructions to Offerors -- Commercial Items (Jun 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238990 with a small business size standard of $14,000,000.00. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

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

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (http://assist.daps.dla.mil ).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(iii) ASSISTdocs.com (http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697- 1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to http://assist.daps.dla.mil/� http://assist.daps.dla.mil/quicksearch/� http://assistdocs.com/� http://assist.daps.dla.mil/wizard� establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

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

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

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

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

(4) A summary of rationale for award;

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

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

(End of Provision)

52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Technical Approach Sub-Factor 1a – Phase In-plan Sub-Factor 1b – Quality Control Plan

Factor 2 – Past Performance Factor 3 – Company Experience Factor 4 – Price Proposal

Order of Importance – All evaluation factors other than price, when combined are approximately equal to price.

http://fedgov.dnb.com/webform� http://www.ccr.gov/�

Volume I: TECHNICAL APPROACH

• Section I - 5 page limit

Sub-Factor 1a: Phase-In Plan The offeror shall provide a draft Phase-In Plan that addresses how they plan to prepare to assume the maintenance and deactivation requirement from the current contractor.

This will include obtaining information/documentation on the occupants who are currently living in the housing units such as their address and contact information, what work has been performed to date, as well as any work that needs to be completed before they are transferred to the new contractor. The phase-in plan shall include a timeline with dates and key tasks to be and what steps will be taken during that time to achieve phase-in and assume regular maintenance and deactivation requirements (i.e.

finalizing subcontracts, if applicable; hiring new staff if necessary; training staff on the contract requirements; setting up a service call center finalizing internal standard operating procedures to be used in performing the contract requirements, finalize draft plans, etc.).

• Section II - 15 page limit Sub-Factor 1b: Quality Control Plan The offeror shall address their Quality Control Plan (QCP) to be used in the performance of the contract. Specifically, they shall address the quality control methods to be used and if they have used them successfully in other work performed. The offeror shall also address if their quality control plan is IS9000 accredited or has received some other type of quality control accreditation. The Offeror shall address their Operations Plan. This plan will detail how the offeror plans to manage to work (i.e. how work will be staffed, how work will be accepted/issued, what procedures will be followed to ensure work is being performed in a timely manner and of high quality, what corrective action of measures will be taken when work is not preformed in accordance with contract terms and conditions/QC plan, etc.).

• Section III - 10 page limit (does not include PPQs)

Factor 2: Past Performance The offeror shall submit at least two Past Performance Questionnaires (PPQs). The Past Performance Questionnaire (Attachment 3) once completed by the references shall be returned to the offeror in sealed envelopes, signed and taped across the seal. The offeror shall forward the unopened envelopes with their proposal. PPQs for sub-contractors will not be evaluated. It is the offerors responsibility to ensure that all PPQs are received from evaluators in a timely manner to ensure they are submitted as a complete proposal package. The Government will not accept PPQs directly from evaluators or any late PPQs.

The submitted PPQs shall be of contractual work that is similar to the requirements set forth in this solicitation. If the offeror has no relevant corporate or organizational past performance, the offeror may substitute past performance of a predecessor company or of the offeror's proposed key personnel who have relevant past performance. PPQs shall be for projects completed in the last five years or currently in process, which are of similar size, scope, complexity, or, in any way, are relevant to the effort required by this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments, and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used.

Offerors shall provide a list of any contracts terminated for convenience or terminated for default within the last three years. Also list any contracts for which the customer did not exercise an option to continue the contract within the last three years with an explanation as to why the option was not exercised.

The past performance evaluation will assess the Offeror’s record of how well the Offeror did on work for government and private sector clients, resilience in the face of trouble, resourcefulness, management determination to see that the organization lived up to commitments or standards, and skill in the development of a responsive team are indicators of past performance. The degree to which the Offerors supply examples of accomplishments to indicate an ability to implement the proposed methods and techniques for solving problems will be assessed.

Offerors should have described past performance of comparable and related work similar in kind to that required under the contract, including summaries of scopes of work, resource requirements, dollar values and points of contact for each body of work on past or current contracts (or under other arrangements) of lesser, comparable, or greater scale. Offeror’s submitted self-assessment of responsiveness to client or regulatory direction, customer satisfaction, completing projects on schedule, within cost limitations, delivering quality products and cooperation with clients, successor contractors and others, e.g., producers, adjusters, and state governments, will be compared with reference interviews.

The following information shall be provided for each referenced contract (in addition to the past performance questionnaires):

a. Administrative Data

1. Program title or product name

2. Contract number

3. Contract type

b. Relevance

1. Brief synopsis of work performed

2. Brief discussion of how the work performed is relevant to this solicitation

3. Contract Value

c. Compliance with subcontracting plans, if applicable

d. Information on problems encountered on each contract and corrective actions taken to resolve those problems.

e. Experience gained on these projects that will be made available to accomplish the required services.

f. A self-assessment for each project described under its experience describing whether performance was satisfactory to the customer, the project was completed on schedule, the project was completed within budget, cooperation and responsiveness to clients and successor contractors, and the overall quality of the work performed. This may include a discussion of noteworthy successes, accomplishments, awards or commendations achieved during the referenced effort.

g. A current point of contact (name and phone number) for each job described under experience for the purposes of a reference.

The quality of the Offeror's past performance will be evaluated based on comparison of Past Performance Questionnaires with information the government obtains through reference checks, its own knowledge/experience, and/or from other source. The past performance evaluation will assess the Offeror's record of how well the Offeror did on relevant and recent work for government and private sector clients. This evaluation will include assessments of the Offeror's resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards. The government reserves the right to conduct telephone interviews to validate information provided in the past performance questionnaires and to obtain additional information from other internal and external sources, if known. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be given a favorable or unfavorable evaluation rating; the offeror will receive a neutral rating for the past performance factor.

• Section IV - 5 pages Factor 3: Company Experience The experience of the Offeror and of proposed subcontractors and/or partners intended to occupy a major role will be considered in evaluation and selection. The government will evaluate each Offeror's corporate experience in providing services, which are of similar nature to the work to be performed under the requirement described in this solicitation. Specifically, jobs that are of similar scope, complexity, contract type, and period of performance, in relation to the requirements of this solicitation are of particular interest to the government.

The offeror shall describe its experience on similar and/or relevant projects and endeavors. The offeror shall provide the information listed below for prime contracts or subcontracts under which it performed work similar in nature and complexity to the subject requirement. This information may include the experience of predecessor companies, major subcontractor, or proposed key personnel:

a. Contracting Agency (Company), address and phone number

b. Contract number and type of contract

c. Date of contract, period of performance, and place of performance

d. Address and phone number of contracting and technical officers

e. Size of contract (average number full time full time equivalents provided per year) and dollar value

f. Brief description of contract work and responsibilities

g. Applicability of subcontracting plans

h. Indicate comparability of each project to the immediate one. It is not sufficient to merely state that a project is comparable in magnitude and scope. Rationale must be provided to convince the Government that a project is indeed similar.

The Government will consider the above information, as well as information obtained from any other sources, when evaluating the offeror’s experience. The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information. In determining the rating for experience the Government will give greater consideration to the experience which is most relevant to the solicitation. The evaluation of experience will focus on the relevance, complexity, and scope of the noted experience. The offeror will not be evaluated either favorably or unfavorably if it lacks relevant experience.

If a section of the proposal exceeds the page limitation set forth, excess text will NOT be evaluated.

Volume II: PRICE PROPOSAL

• Section I – No page limit

Completed Schedule of Pricing Offerors shall provide fixed unit prices for all fixed price CLINS. Offerors shall provide fully burdened labor rates and a fixed price material handling fee for the T&M CLINS. Offerors shall utilize the labor categories, quantities and estimated labor hours set forth in the price schedule. To calculate the total amount proposed for material, offerors shall include any material handling fee to the plug-in amounts based on the proposed fixed price material handling rate. The material plug-in amounts are estimates only. Actual material costs may vary. The offeror will only be reimbursed for actual materials purchased that are fully supported with invoices and are found to be allowable, allocable, and reasonable.

• Section II – No page limit Completed Representation and Certifications

BASIS FOR AWARD AND EVALUATION METHODOLOGY

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the RFP, will be the most advantageous to the Government. The lowest priced proposal or the proposal receiving the highest evaluation rating may not necessarily receive the contract award.

The adjectival rating scheme shown below will be used:

RATING DEFINITION

OUTSTANDING The Evaluation Factor response is expected to contribute to the superior achievement of the objectives with minimal or no risk. An OUTSTANDING rating indicates that the submission contains very significant strengths and no weaknesses.

GOOD The Evaluation Factor response is expected to introduce minimal risk in achieving the objectives. A GOOD rating indicates that the submission contains considerable strengths and few weaknesses.

ACCEPTABLE

The Evaluation Factor response is expected to introduce some risk in achieving the objectives. An ACCEPTABLE rating indicates that strengths offset weaknesses.

UNACCEPTABLE

The Evaluation Factor response is expected to introduce excessive risk making it highly unlikely that performance would meet the objectives. An UNACCEPTABLE rating indicates that the submission contains significant weaknesses.

NEUTRAL

*This rating shall only be applied to the evaluation of the PAST PERFORMANCE factor. No relevant past performance available for evaluation.*

3. DEFINITIONS

• A significant strength is defined as an aspect of the proposal that appreciably increases the likelihood of successful contract performance.

• A strength is defined as an aspect of the proposal that increases the likelihood of successful contract performance. Because an offeror has offered more than what the solicitation requires, does not necessarily mean the Government will benefit from such a promise.

• A weakness is defined as a flaw in the proposal that increases the risk of unsuccessful contract performance.

• A significant weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

• A deficiency is defined as an aspect of the proposal that fails to meet a Government requirement or a combination of significant weaknesses in the proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

• Ambiguities: Occasionally, language in a proposal is ambiguous, and the proposal’s technical merit will differ depending on which of the possible meanings is chosen by the evaluator. In other instances, proposal language is simply unclear, and the evaluator cannot understand it well enough to rate it without guessing at its meaning. Last, a proposal may sometimes describe, in general terms, a particular approach but will not provide enough detailed information to permit an evaluation of its feasibility and merit.

• A clarification is defined as limited exchanges between the Government and offerors, for the purpose of enhancing the Government’s understanding of proposals, without entering into discussions, or requesting a revision to the proposal.

• Discussions are defined as exchanges between the Government and offerors for the purpose of identifying to the offerors significant weaknesses, deficiencies, and other aspects of its proposal that could, in the opinion of the contracting officer, be altered or explained to enhance materially the proposal's potential for award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of Provision)

52.212-3 – Offeror Representations and Certifications - Commercial Items (May 2011) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates 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 (o) of this provision.

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

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

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

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

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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

(1) Means a small business concern—

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

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

http://orca.bpn.gov/�

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

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

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

and

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

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

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

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

and

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

EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

(10) [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 CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 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…