HTC711-15-R-R016_Qatar_SRTS_2Apr15.pdf
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USTRANSCOM-AQ - HTC711
508 SCOTT DR
SCOTT AFB IL 62225-5357
CONTACT BUYER
CONTACT BUYER
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
HTC711-15-R-R016 02-Apr-2015
b. TELEPHONE NUMBER
618-220-7138
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 04 May 2015
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
HTC711
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
THOMAS M. FEE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
488320
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
HTC711-15-R-R016
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Lot Qatar S&RTS - Base Period
FFP
Work performed in accordance with the Schedule of Rates and Performance Work Statement.
FOB: Destination
SIGNAL CODE: A
MAX
NET AMT
PSC Code: V114
UNIT UNIT PRICE MAX AMOUNT
1001 1 Lot OPTION Qatar S&RTS - OP1
FFP
Work performed in accordance with the Schedule of Rates and Performance Work Statement.
UNIT UNIT PRICE MAX AMOUNT
2001 1 Lot OPTION Qatar S&RTS - OP2
FFP
Work performed in accordance with the Schedule of Rates and Performance Work Statement.
UNIT UNIT PRICE MAX AMOUNT
3001 1 Lot OPTION Qatar S&RTS - OP3
FFP
Work performed in accordance with the Schedule of Rates and Performance Work Statement.
UNIT UNIT PRICE MAX AMOUNT
4001 1 Lot OPTION Qatar S&RTS - OP4
FFP
Work performed in accordance with the Schedule of Rates and Performance Work Statement.
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012)
Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with paragraph“ (b) Proposal Preparation Instructions” below.
Paragraph (c) entitled “Period of acceptance of offers” is tailored to read: The Government requires a minimum of 150 calendar days for acceptance of offers submitted in response to this solicitation.”
Paragraph (e) entitled “Multiple Offers” is tailored to read: “The government will not consider multiple offers presenting alternate terms and conditions for satisfying the requirements of this solicitation.”
Paragraph (g) entitled “Contract award (not applicable to Invitation for Bids).” Is tailored to read: “The Government intends to evaluate individual port location offers and award a single 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. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. 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.”
Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this solicitation. 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.”
Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in writing to:
USTRANSCOM/TCAQ-R
ATTN: William Henderson / Thomas Fee 508 Scott Drive Scott AFB IL 62225-5357 or william.r.henderson12.civ@mail,mil and thomas.m.fee2.civ@mail.mil
The request should be in the following format:
Reference: Section ___, Page ____, Paragraph ____ Question: ____________________________________.
Written questions will be answered in writing and provided to all offerors via a posting to FedBizOpps. However, due to the time required to research a question and provide an answer, questions received less than 14 calendar days prior to the due date of offers specified in this solicitation may not be answered. Solicitation changes will be made via amendment and posted to FedBiz Ops.
A preproposal teleconference is tentatively scheduled for 15 Apr 2015 at 7:00 a.m. Central Standard Time .
Participants must request teleconference information via email to Thomas Fee thomas.m.fee2.civ@mail.mil or Will Henderson william.r.henderson12.civ@mail.mil no later than 10 Apr 2015 by 3:00 p.m. Central Standard Time.
(b) PROPOSAL PREPARATION INSTRUCTIONS General Information
To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.
Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award.
The contracting officer has determined there is a high probability of adequate price competition in this acquisition.
Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.
By submitting a proposal, the Offeror is certifying it is able to meet or exceed the minimum productivity rates specified in Attachment 3 to this solicitation. The productivity rates for each commodity function are the minimum levels acceptable to meet mission schedules for S&RTS in Qatar.
1. Offerors are required to submit an electronic version of the proposal via email with the RFP number and
Offeror’s business name in the subject line, by the due date specified. All documents provided by email shall be Adobe PDF files except the pricing proposal which shall be in Microsoft Excel format with an .xlsx file extension.
2. Proposals shall be submitted via email using Times New Roman, 12 point font except for figures, tables, and diagrams where smaller is acceptable as long as it is readable The maximum page limit for each part includes all text pages, tables, graphs, and other types of illustrative material. Table of contents do not count against the page limits for the respective parts. Excess pages exceeding the maximum limits will not be read or considered in the evaluation.
3. Proposals include the following:
mailto:william.r.henderson12.civ@mail,mil mailto:thomas.m.fee2.civ@mail.mil mailto:thomas.m.fee2.civ@mail.mil mailto:william.r.henderson12.civ@mail.mil
A. Contract Documentation
B. Part I – Technical Proposal
C. Part II – Price Proposal
4. Instructions for submitting Contract Documentation, Parts I and II are as follows:
A. Contract Documentation
(1) This part shall consist of a cover page which contains the name, title, telephone number, and email address of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.
(2) Complete blocks 12 (must be completed even if no discount is offered), 17a , 30a, b and c of the SF 1449, Solicitation. In addition include signed amendments to the RFP, if applicable. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP, with attachments.
Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept.
Block 17b – if remittance address is different, such address must be registered in the System for Award Management (SAM) database.
(3) Provide company/division’s street address, county and facility code; CAGE code; and DUNS code.
(4) Acknowledgement of Solicitation Amendments (if any).
(5) Representations and Certifications may be submitted online using SAM at https://www.sam.gov OR may be submitted manually and included in the Technical Proposal.
(6) Appropriate documentary evidence (i.e. Licensure, written authorization from the Port Authority, or other documentation that the offeror or its intended subcontractor(s) is authorized to perform the required services at the location(s) to include:
a. Proof of current certification of at least two (2) proposed personnel trained and tested in handling
Hazardous Materials per the requirements of the Code of Federal Regulation (CFR) Title 49, Section 172.702 or Host Nation equivalent.
b. Proof of a valid Port license for cargo operations at the Port of Mesaieed.
c. Proof of a valid Customs Broker license or Host Nation equivalent.
(7) Corporate Experience Information
Offerors shall include with their proposal a list of relevant contractual experience performing Stevedoring and Related Terminal Services in a similar or greater scope, magnitude and complexity as that required by this solicitation, completed during the past three (3) years. The list shall be limited to three (3) efforts or contracts and shall include:
a. Name of the contracting activity;
b. Total contract value; and
c. Description of work performed, including experience performing Managerial, Planning, Safety and
Security functions and Loading, Discharging, Receipt and Disposition of International Maritime Dangerous Goods (IMDG) cargo.
https://www.sam.gov/
B. Part I – Technical Proposal. Technical Proposals shall be clear, concise, and include sufficient detail for effective evaluation against factors defined in 52.212-2 of this solicitation. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet the requirements of the PWS. Statements that the offeror understands, can, or will comply with the PWS; statements paraphrasing the PWS or parts thereof; and phrases such as “standard procedures will be employed’ or “well know techniques will be used,” etc., will be considered unacceptable. Offerors shall assume the Government has no prior knowledge of their experience, and will base its evaluation on the information presented in the proposal. The technical proposal shall address the following subfactors:
(1) Technical Subfactor 1 – Technical Approach. Offeror shall describe its approach for achieving the objectives of PWS Paragraphs 5.0, Contractor General Requirements and 6.0, Terminal Specific Requirements: Responses to this subfactor shall be limited to no more than 25 pages.
(2) Technical Subfactor 2 – Information Assurance and Cyber Security. The offeror shall submit an Information Assurance Report that describes their environment for adequately safeguarding DOD non-public information resident on or transiting on the contractor’s unclassified information systems from unauthorized access and disclosure. Protection measures applied should consider the risks (i.e.
consequences and their probability) of loss, misuse, unauthorized access, or modification. The report shall also address each of the SANS (SysAdmin. Audit, Network, Security) Institute’s Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls) and be provided in accordance with the template at Attachment 6. Offerors may provide additional information to support their security posture.
Responses to this subfactor shall be limited to no more than 10 pages.
C. Part II – Price Proposal
(1) Pricing Schedule. The offeror shall input unit pricing rates for all items highlighted yellow. If offeror intends to offer a service at no charge, $0 shall be inserted in the applicable cell. Additionally, the offeror shall input a percentage escalation rate for each Schedule (1a, 1b, etc.) in the cells highlighted in green, which will be applied to the option periods and six month extension. The Excel (.xlsx) spreadsheet will then auto-populate total prices for (i) the base period and (ii) the base period plus four one-year option periods and the six month extension of services.
(2) All unit pricing rates shall be submitted in US Dollars ($).
NOTE: Contract award and payment shall be made in US Dollars ($).
(3) All prices submitted shall be entered to the nearest cent.
ADDENDUM TO 52.212-2
Addendum to FAR 52.212-2
FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award one 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:
A. Technical (Acceptable/Unacceptable)
1. Subfactor 1 – Technical Approach
2. Subfactor 2 – Information Assurance & Cyber Security http://www.sans.org/critical-security-controls
B. Price
(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. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. 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.
ADDENDUM TO 52.212-2:
(d) Basis for contract award - This acquisition is being conducted under FAR Part’s 12, Acquisition of Commercial Items, Subpart 12.6 and Part 15, Contracting by Negotiation of the Federal Acquisition Regulation (FAR). Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this addendum.
Non compliance may be grounds to eliminate the proposal from consideration for contract award. Award will be made on the basis of Lowest Price Technically Acceptable Source Selection Process, IAW FAR 15.101-2. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror agrees to the terms of this solicitation. Each offeror’s Corporate Experience Information will be considered in the Government’s responsibility determination IAW the criteria specified in FAR 9.104-1.
Specifically, the evaluation process shall proceed as follows: First, the proposals will be ranked in price order from lowest to highest based on the total evaluated price (TEP). The lowest ranked TEP offeror's Technical proposal will then be evaluated and receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the Technical proposal must meet the Government's minimum requirements. Proposals deemed Unacceptable are those that fail to meet the Government's minimum requirements.
If the lowest ranked offeror’s Technical proposal is rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more techniques set forth in FAR 15.404-1(b)(2) and IAW FAR 15.404-1(g), the Government will review the prices proposed in Attachment 2 of the pricing Excel (.xlsx) spreadsheet to determine if unbalanced pricing exists. If proposed prices are unbalanced, this will be noted and the risk will be considered in making the source selection decision. IAW FAR 15.404-1(g)(3), if the lack of balance poses an unacceptable risk to the Government, the offer may be rejected and not considered further for award. If the lowest ranked TEP offeror is judged to have an acceptable technical proposal, fair and reasonable prices and balanced pricing (or if unbalanced pricing exists that it does not pose an unacceptable risk), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.
If due to unbalanced pricing, the lowest ranked TEP offeror poses an unacceptable risk, or if the technical proposal is assigned an unacceptable rating, or if the offeror is found to be non-responsible, the next lowest ranked TEP offer will be evaluated. This process will continue (in order of ascending TEP) until an offeror is judged to have an acceptable technical rating, fair and reasonable prices balanced pricing (of if unbalanced pricing exists that it does not pose an unacceptable risk), and the offeror is deemed responsible or until all offers have been evaluated.
The Source Selection Authority (SSA) will determine whether it is in the Government's best interest to award without discussions or enter into discussions. If the SSA determines to enter into discussions, the source selection team will complete the discussion process, request final proposal revisions, and document final evaluation results IAW DOD Source selection procedures. After the evaluation of the final proposal revisions, the SSA will make a selection of the best-value proposal consistent with the stated evaluation criteria.
(e) The Government reserves the right to award no contract at all depending on the quality of the proposals submitted and availability of funds for the requirement. The Government intends to evaluate proposals and award a single IDIQ contract without requesting or accepting revised proposals. Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the proposals and hold discussions, as allowable under FAR Part 15 procedures.
The following factors shall be used to evaluate offers:
A. Factor I: Technical . Each offeror’s Technical Proposal will be evaluated as Acceptable or Unacceptable at the subfactor level, as defined below.
RATING DESCRIPTION
Acceptable Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.
If any technical subfactor is rated as Unacceptable, the overall technical rating will be Unacceptable. If all technical subfactors are rated as Acceptable, then the overall technical rating will be Acceptable. Offeror’s proposals must receive a rating of Acceptable for all of the following technical subfactors in order to be considered for award:
(1) Subfactor 1 – Technical Approach. To be rated Acceptable, the offeror must provide a Technical Approach which clearly describes how the offeror will achieve the objectives of the PWS. When evaluating the Offeror’s Technical Approach, the Government will determine if:
a) The approach demonstrates the offeror’s capabalities to successfully conduct loading and unloading of cargo from vessels, timely receipt and disposition of cargo, successful container management execution, conduct yard management and staging, maintain accountability and tracking of all DoD cargo offered for shipment with mininmal discrepancies, monitor detention/demurrage charges and handle loss and damage reporting in a timely manner in accordance with the PWS.
b) The approach demonstrates the offeror’s abililty to access all equipment (within 72 hours notice) necessary to conduct operations and the ability to handle multiple classes of supply.
c) The approach includes a written safety plan that demonstrates knowledge of all required safety procedures and standards.
d) Offeror demonstrates the capability to perform customs clearance.
(2) Subfactor 2 - Information Assurance & Cyber Security. To be rated Acceptable, the offeror must submit an Information Assurance Report that describes their environment for adequately safeguarding DOD non-public information resident on or transiting on the contractor's unclassified information systems from unauthorized access and disclosure AND address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls).
B. Factor II: Price.
(1) Completion of the pricing schedule will require the user to have good working knowledge of the Microsoft Excel program. The Offeror shall complete and submit the Pricing Schedule, Attachment 2. The price proposal shall be submitted as an attachment to an email and contain no hidden formulas or external links. The Government will utilize the Excel (.xlsx) spreadsheet to capture pricing and to calculate the Total Evaluated Price (TEP) for evaluation and award purposes. Thus, the total TEP is calculated using the rates proposed in all tabs where proposed unit pricing is required, for the base and all option periods, to include the 6 month extension of services. The summation of the base, all option years, and the six month extension of services will constitute the TEP. Offeror will be considered ineligible for award if all required pricing is not complete.
This information shall be utilized by the Government to analyze offeror’s rates. Upon contract award, this data will form the basis for any price adjustments pursuant to the Revision of Prices clause, DFARS 252.247-7002, and, as such, must provide the means of determining the application of any requested adjustments and calculating the revised unit prices.
(2) In order to be considered for award, price must be determined fair and reasonable using one or more techniques set forth in FAR 15.404-1(b)(2).
LIST OF ATTACHMENTS
HTC711-15-R-R016 Qatar Stevedoring & Related Terminal Services Solicitation – List of Attachments
ATCH 1 Performance Work Statement (PWS) ATCH 2 Pricing Schedule ATCH 3 Minimum Productivity Rates Schedule ATCH 4 Invoicing Instructions ATCH 5 Cyber Security Evaluation Template
END
MINIMUM GUARANTEE
The minimum guarantee for any contract resulting from this solicitation is $2,500, for the base period only.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 21-JUL-2015 TO
20-JUL-2016
N/A N/A
1001 POP 21-JUL-2016 TO
20-JUL-2017
2001 POP 21-JUL-2017 TO
20-JUL-2018
3001 POP 21-JUL-2018 TO
20-JUL-2019
4001 POP 21-JUL-2019 TO
20-JUL-2020
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance NOV 2014 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
AUG 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
DEC 2014
52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014 52.212-5 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items
MAR 2015
52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons MAR 2015 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-64 Preference for Privately Owned U.S. - Flag Commercial
Vessels
FEB 2006
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding of Unclassified Controlled Technical
Information
NOV 2013
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7006 Passive Radio Frequency Identification SEP 2011 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7008 Only One Offer OCT 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2014
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 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)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JULY 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or https://www.acquisition.gov/
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)
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) Web site 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 http://www.acquisition.gov/ owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is 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 the stock of which is owned by one or more women;
and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (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 ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) 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.
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