HTC711-17-R-CC03_Amend_001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

a) Change FAR 52.212-3 from incorporated by reference to full text and to add DFARS 252.247-7022 by full text.

b) Remove Performance Work Statement (PWS) dated 9 Jan 17 and replace w ith the attached PWS dated 10 Apr 17 w hich has minor administrative changes.

c) Remove "medically screened" from the addendum to FAR 52.212-1(b)(2)(E)(ii)(b).

d) Update size standard code from 32.5 to $32.5M and update CLIN 3001 & CLIN 4001 to state Option Year 3 and Option Year 4 respectively instead of Option Year 2.

All changes to the PWS and RFP are annotated w ith a line in the right hand margin.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 11-Apr-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-17-R-CC03

X 9B. DATED (SEE ITEM 11)

23-Mar-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Apr-2017

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-17-R-CC03

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The standard size code has changed from 32.5 to $32.5M.

SUPPLIES OR SERVICES AND PRICES

CLIN 3001

The CLIN extended description has changed from:

Provide Air Terminal and Ground Handling Service at Eielson AFB Alaska in accordance with the attached Performance Work Statement.Option Year Two: 1 Oct 20 - 30 Sep 21

To:

Provide Air Terminal and Ground Handling Service at Eielson AFB Alaska in accordance with the attached Performance Work Statement.Option Year Three: 1 Oct 20 - 30 Sep 21

CLIN 4001

The CLIN extended description has changed from:

Provide Air Terminal and Ground Handling Service at Eielson AFB Alaska in accordance with the attached Performance Work Statement.Option Year Two: 1 Oct 21 - 30 Sep 22

To:

Provide Air Terminal and Ground Handling Service at Eielson AFB Alaska in accordance with the attached Performance Work Statement.Option Year Four: 1 Oct 21 - 30 Sep 22

The following have been added by full text:

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

The following have been modified:

CONTRACT ATTACHMENTS

ATCH TITLE DATE PAGES

1 Performance Work Statement 10 Apr 17 31

2 Past Performance Questionnaire and Cover Letter 13 Jan 17 4

3 Contract Security Classification Specification (DD

Form 254)

12 Jan 17 4

Contract Information Sheet

Collective Bargaining Agreement

13 Jan 17

01 Oct 16

SOLICITATION REQUIREMENTS

SOLICITATION REQUIREMENTS

1. NOTICE OF PRE-PROPOSAL CONFERENCE

(a) A pre-proposal conference will be conducted at Eielson AFB, Joint Mobility Complex, Bldg. 4370 on 4 April 17 at 1:00 p.m. for the purpose of reviewing the solicitation, touring the government facility, and accepting questions.

(b) Submit the full name (last, first, middle initial), last four of the attendee’s Social Security Number, and Drivers’ License Number w/State of Issue of all attendees (limited to two attendees per company) to Meggan Reinier and Wanda Huber via email to meggan.a.reinier.civ@mail.mil and wanda.l.huber.civ@mail.mil not later than 4:30 p.m.

CST on 28 Mar 17. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

2. ADDENDUM TO FAR 52.212-1, Instruction to Offerors – Commercial Items

1. Paragraph (b) of FAR 52.212-1 entitled “Submission of Offers” is removed and replaced with the following paragraph (b):

(b) Submission of Offers. Submit signed and dated offers on or before the time and date referenced in block 8 of the SF 1449. Offers shall be submitted using SF 1449 in accordance with paragraph (2) below titled “Proposal Preparation Instructions” and must be submitted via AMRDEC’s Safe Access File Exchange (SAFE) https://safe.amrdec.army.mil/safe.

(1) Any and all questions concerning the RFP must be submitted via email to EACH of the following and received by to 11 Apr 2017:

Ms Meggan Reinier, meggan.a.reinier.civ@mail.mil Ms Wanda Huber, wanda.l.huber.civ@mail.mil

(A) Communications should be submitted in the following format:

Reference: Page_____, Paragraph _____ Question:_________________________________

(B) Answers to questions will be provided in writing to all offerors via 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 FedBizOpps.

(2) Proposal Preparation Instructions:

(A) 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.

(B) 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.

(C) Offerors are required to submit an electronic version of the proposal via AMRDEC’s Safe Access File Exchange (SAFE) https://safe.amrdec.army.mil/safe, by the due date specified. All documents shall be Adobe PDF files. Emailed proposals WILL NOT be accepted.

(D) Proposals shall include the following and separated into three parts:

(i) Part I – Price Proposal and Contract Documentation (Submit one copy only)

(ii) Part II – Technical Proposal (Submit one copy only)

(iii) Part III – Past Performance Proposal (Submit one copy only)

(E) Instructions for submitting Parts I through III are as follows:

(i) Part I – Price Proposal and Contract Documentation. Offerors shall submit all documents requiring signature by an authorized official or completion (including fill-ins) as detailed below.

(a) Solicitation/Contract Form. Offerors shall complete blocks 12, 17a and 30 a, b, and c of the SF 1449. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept.

(b) Acknowledgement of Solicitation Amendments (if applicable).

(c) Insert proposed unit and extended prices on pages 3-7 for each Contract Line Item Number, including all option periods.

(d) Complete the necessary fill-ins and certifications (pages 10-38) in the following: FAR 52.209-7, Information Regarding Responsibility Matters; FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (see FAR 52.212-3(b) for those representations and certifications that offerors shall complete electronically); and DFARS 252.247-7022 Representation of Extent of Transportation by Sea.

(e) Complete blocks 6 a through c and 7 a through c of the DD Form 254, Department of Defense Contract Security Classification Specification (Attachment 2).

(f) Include a list identifying those individuals who are authorized to negotiate and sign on behalf of the company; include name, title, telephone number, and email addresses for each person listed.

(ii) Part II – Technical Proposal: Limited to no more than ten pages. (The cover page is excluded from the page limitation)

(a) Subfactor A – Staffing and Management. The offeror shall describe, in detail, an integrated plan to recruit, hire, and retain a workforce to meet the requirements of the PWS on the start date of the performance period.

The plan shall describe proposed manning levels and skills mix necessary to ensure all required personnel resources are provided to successfully accomplish PWS requirements. The offeror shall submit an organizational chart which identifies all on-site management and supervisory positions, the number of personnel assigned to each of the following functional areas: Air Terminal Operations Center, Aircraft Services, Passenger and Baggage Services, Funds Handling, Reports, Records and Electronic Data Interchange, Communications Management and Information

Systems, whether individuals in each position are full time or part-time, length of work shifts (i.e. 8 or 12 hours), and any cross-utilization of personnel between functional areas. Names of specific individuals are not desired and shall not be provided. If names are submitted, they will be removed prior to evaluation.

(b) Subfactor B – Implementation. The offeror shall submit a detailed implementation plan to describe its approach to deploy a workforce of personnel that has been trained and equipped in accordance with the PWS.

The plan shall describe the tasks to be completed in the implementation phase including a timeline which identifies task start and completion dates, along with proposed equipment procurement/lease in-place dates.

(iii) Part III – Past Performance Proposal. The Government will use information submitted by the offeror and other sources, such as other Federal Government offices and commercial sources, to assess performance.

(a) The offeror shall submit past performance references for no more than three of the most relevant contracts performed for Federal agencies and commercial customers within the last three years from the date of issuance of this solicitation. However, the Government is not limited to only the three past performance submissions submitted by the offeror; the Government may consider any past performance information of which it has knowledge. For each Past Performance Questionnaire you expect to be submitted, complete a Contract Information Sheet (RFP Attachment 4) and submit with your proposal [MUST INCLUDE A COPY OF THE PWS OR RELEVANT EXCERPTS]. No past performance narrative is requested/required. Any narrative submitted will be removed from the proposal and will not be considered.

(b) Past Performance Questionnaires. The offeror shall send out the Past Performance Questionnaire (RFP Attachment 3) to each of the offeror’s references identified in the above mentioned Contract Information Sheet, along with a request for the reference to complete the questionnaire and return it to the Government by the date specified for receipt of offers. The responsibility to send out the Past Performance Questionnaire rests solely with the offeror; it shall not be delegated to any other entity. The offeror is responsible for ensuring the phone number and e-mail address on each questionnaire is up-to-date. Once the questionnaires are completed by your reference POC, the information therein shall be considered procurement sensitive and shall not be released to you, the offeror. Completed Past Performance Questionnaires shall be submitted via email to BOTH wanda.l.huber.civ@mail.mil and meggan.a.reinier.civ@mail.mil.

(1) If a joint venture is contemplated, provide complete information as to the arrangement, including specific details on which requirements of the Performance Work Statement each partner will be performing.

a. Previous joint venture with the same partner. In lieu of the number of questionnaires identified in paragraph (a) above, the offeror shall submit one to two questionnaires for the most relevant contracts within the last three years with the same partner and one to two questionnaires for each separate partner.

b. First time joint venture. In lieu of the number of questionnaires identified in paragraph (a) above, each party to the arrangement shall submit one to two questionnaires for their most relevant contracts within the last three years.

If more than two questionnaires are received from the Joint Venture or any one party, the government will only evaluate the first two that are received.

(2) If a subcontractor will perform major or critical aspects of the requirement, provide complete information as to the arrangement, including specific details on which requirements of the Performance Work Statement the subcontractor will be performing. In lieu of the number of questionnaires identified in paragraph (a) above, the offeror shall submit one to two questionnaires for their most relevant contracts within the last three years and one to two questionnaires for each subcontractor performing major or critical aspects of the work.

If more than two questionnaires are received from any one party, the Government will only evaluate the first two that are received.

(c) Subcontractor Consent (if applicable). Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. If past performance for subcontractors is submitted, the offeror shall provide a letter from its subcontractor(s) consenting to the release of their past performance information to the prime contractor.

2. Paragraph (c) of FAR 52.212-1 entitled “Period for acceptance of offers” is tailored to read: “The offeror agrees to hold the prices in its offer firm for 220 calendar days from the date specified for receipt of offers.”

3. Paragraph (e) of FAR 52.212-1 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.”

4. Paragraph (g) of FAR 52.212-1entitled “Contract award (not applicable to Invitation for Bids)” is tailored to read:

“The Government intends to evaluate proposals 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.

If the Contracting Officer determines 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.”

5. Paragraph (h) of FAR 52.212-1 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 price offered, unless the offeror specifies otherwise in the offer.”

(End of Addendum)

3. ADDENDUM TO FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) FAR 52.212-2 is amended in its entirety as follows:

(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:

(1) Technical Proposal (Acceptable/Unacceptable) Subfactor A: Staffing Subfactor B: Implementation

(2) Price Proposal

(3) Past Performance Proposal Basis for contract award -This is a competitive best value source selection. The Government will use FAR 15.3, Source Selection, and Department of Defense Source Selection Procedures (31 Mar 2016) to evaluate offers and determine the best value. The Government will conduct a Performance Price Tradeoff (PPT) source selection in which competing offeror’s past performance will be evaluated on a basis significantly more important than price considerations. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Award will be made to the offeror who submits an acceptable technical proposal and is determined, based on their past performance and total evaluated price, to represent the best value to the Government. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that the superior past performance of the higher priced offeror outweighs the cost difference.

However, the Government will not pay a price premium that it considers to be disproportionate to the benefits associated with the proposed margin of service superiority.

The Government reserves the right to award no contract at all depending on the quality of the proposals submitted and availability of funds. The Government intends to evaluate proposals and award a single contract without discussions. However, the Government reserves the right to conduct discussions if determined by the Contracting Officer to by necessary. The Contracting Officer may limit the competitive range for purposes of efficiency. To arrive at a source selection decision, the SSA will perform an integrated assessment of all offers received as described below.

(b) Specifically, the evaluation process shall proceed as follows:

(1) Proposals will be checked for proposal compliance in accordance with the Proposal Preparation Instructions in the Addendum to FAR 52.212-1(b). Failure to materially comply with all Proposal Preparation Instructions will result in the proposal being found noncompliant with the solicitation. Noncompliance may be grounds to eliminate the proposal from evaluation and consideration for contract award.

(2) Technical Proposal. Following the closing date, all technical proposals will be evaluated at the subfactor level on an acceptable/unacceptable basis, assigning ratings of Acceptable/Unacceptable as defined below.

RATING DEFINITION

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet requirements of the solicitation.

If proposals are “unacceptable” in one area, then the entire proposal is considered “unacceptable”. Proposals with “Unacceptable” technical rating(s) at the subfactor level will not be considered for award.

(A) Subfactor A – Staffing. To be rated “Acceptable”, the offeror’s staffing approach must demonstrate adequate staffing and sufficient management to support the requirements identified in the PWS, Paragraph 1., Description of Services, including all subparagraphs.

(B) Subfactor B – Implementation. To be rated “Acceptable”, the offeror’s implementation plan must establish a fully operational organization by the performance start date. This factor is met by demonstrating all phases of contract implementation and key events from the time of contract award until the performance start date.

(3) Price Proposal. Following the technical evaluation, all technically acceptable offers shall be ranked in order of lowest to highest Total Proposed Price (TPP). In order to determine the TPP for evaluation and award purposes, the Government will first multiply the quantities identified in the Schedule by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each. The summation of the extended prices for the base period, all options, and the 6-month extension will constitute the TPP.

For purposes of the TPP, the prices for the 6-month extension will be at option period four prices. The Government will then evaluate the TPP to determine the Total Evaluated Price (TEP) by the following:

Completeness: All information required by the solicitation has been submitted and is accurate.

Fair and Reasonable: The Government will conduct a price analysis to determine whether the TEP is fair and reasonable using one or more techniques set forth in FAR 15.404-1(b)(2).

(4) Past Performance Proposal. First, the Government will evaluate the lowest priced, technically acceptable offer’s past performance. Using the Past Performance questionnaires submitted by the offeror’s references, and other information independently obtained from Government or commercial sources (i.e. Past Performance Information Retrieval System, Federal Awardee Performance and Integrity Information System, electronic Subcontracting Reporting System (eSRS), or through interviews with Program Managers, Contracting Officer Representatives, and Contracting Officers), the Government will assign an overall confidence assessment for each offeror. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance. Each Past Performance effort will be evaluated on the basis of recency, relevancy, and quality of past performance.

The Government will begin its evaluation by first determining the recency and then the relevancy of each past performance effort. To be considered a recent effort, the effort must be currently ongoing or have been performed within the last three years from the date of issuance of this solicitation.

The Government will perform an independent assessment of relevancy of the data provided or obtained. The relevancy of each contract reference will be considered in the overall confidence assessment rating for the offeror.

The following ratings will be utilized in evaluating the relevancy of each past performance effort:

Adjectival Rating Description Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

After the Government has determined the recency, relevancy, and quality of each past performance effort being evaluated, one of the following overall Past Performance Confidence Assessment ratings will be assigned to each offeror using the following definitions:

Adjectival Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

The SSA may determine a Substantial Confidence or Satisfactory Confidence past performance rating is worth more than a Neutral Confidence past performance rating in a best value tradeoff.

In evaluating past performance, the Government will give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP. Those efforts include, but are not limited to, managing/disseminating mission information, ensuring readiness of terminal resources required to receive, document, plan, and move passengers/cargo/mail; ensuring maximum aircraft utilization and on-time aircraft departure reliability; handling/processing/manifesting passengers, baggage, and cargo, and loading/unloading aircraft.

Offerors are cautioned to submit sufficient information in the format specified in FAR 52.212-1. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

Past performance of the prime offeror will be considered more highly in assigning the overall past performance confidence assessment than that of subcontractors that will perform major or critical aspects of the requirement.

(A) If the lowest priced, technically acceptable evaluated offer is judged to have a “Substantial Confidence” performance assessment, that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

(B) In the event that the Government does not make an award pursuant to paragraph (A) above, the next lowest priced offeror will be evaluated and the process will continue (in order of price) until an offeror is judged to have a “Substantial Confidence” performance assessment or until all offerors are judged. The SSA shall then make an integrated assessment best value award decision of all “evaluated” offers.

(c) 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). Should the Government extend the contract pursuant to FAR 52.217-8, Option to Extend Services, such extension shall be at the monthly prices offered for the last option period to determine the price for a 6-month option period.

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

The following were previously included by reference and are now included by full text:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

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

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

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 (u) 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…