RFQ HTC711-20-Q-R006.pdf

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Terminal Services at Beaumont, Texas Federal contract opportunity
Solicitation number
HTC71120QR006
Issued by
Department of Defense United States Transportation Command

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Amendment 3 - HTC711-20-Q-R006.pdf PDF
Q&A Round Three - Terminal Services.pdf PDF
Q&A Round Two - Terminal Services.pdf PDF
Attachment 1 - AMENDED PWS 1-31-20.pdf PDF
RFQ HTC711-20-Q-R006 Amendment 2.pdf PDF
Q&A Round One - Terminal Services.pdf PDF
RFQ HTC711-20-Q-R006 Amendment One.pdf PDF
Attachment 4 - Technical Worksheet.pdf PDF
Attachment 3 - RFQ Information Sheet.pdf PDF
Attachment 1 - PWS.pdf PDF
Attachment 5 - Small Business Subcontracting Plan.pdf PDF
Attachment 2 - SOR.pdf PDF
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SEE ADDENDUM

(No Collect Calls)

HTC71120QR006 22-Jan-2020

b. TELEPHONE NUMBER

618-220-7097

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 03 Feb 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HTC7119. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SARAH A. BENSON

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W42VAB 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W1PE 842D TRANS BN - W42VAB

AARON LEBLANC

1350 LEONARD STREET

BEAUMONT TX 77701-3610

TEL: 409-784-3861 FAX:

CONTACT BUYERFAX:

TEL: CONTACT BUYER SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

488320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HTC71120QR006

Section SF 1449 - CONTINUATION SHEET

MIN/MAX VALUE

MIN/MAX VALUE

MINIMUM ORDER VALUE/MAXIMUM CONTRACT VALUE

The Minimum Order Value for this Indefinite Delivery/Indefinite Quantity contract is established at $2,500.00. The Minimum Order Value is satisifed when the Contractor is given a task order, or multiple task orders, which result in a combined total of $2,500.00.

The Maximum Contract Value (ceiling) is $6,999,999.00. The Maximum Contract Value does not automatically increase if any contract rates are revised through a bilateral modification.

ADDENDUM 52.212-1 & 52.-212-2

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with paragraph “(b) Quote Preparation Instructions” below.

Paragraph (c) entitled “Period of acceptance of offers” is tailored to read: “The Government requires a minimum of 90 calendar days for acceptance of quotes submitted in response to this solicitation.”

Paragraph (e) entitled “Multiple Offers” is tailored to read: “The Government will not consider multiple quotes presenting alternate terms and conditions for satisfying the requirements of this solicitation.”

Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this Request for Quote (RFQ). Unless otherwise provided in the Schedule, quotes 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 quoted, at the unit prices quoted, unless the Quoter specifies otherwise in their quote.”

Paragraph (k) System for Award Management is tailored to read: “Unless exempted by an addendum to this solicitation, by submission of a quote, the Quoter acknowledges the requirement that a prospective awardee shall have an Active registration in the SAM database prior to Quote Submission, during performance and through final payment of any contract resulting from this solicitation.

Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in English and in writing to:

USTRANSCOM/TCAQ-R

ATTN: Linda Murphy / Sarah Law 508 Scott Drive Scott AFB IL 62225-5357

Or via email to: linda.k.murphy.civ@mail.mil and sarah.b.law2.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 Quoters via e-mail. However, due to the time required to research a question and provide an answer, questions received less than 3 calendar days prior to the due date of quotes specified in this solicitation may not be answered.

(b) QUOTE PREPARATION INSTRUCTIONS General Information

To assure timely and equitable evaluation of Quotes, each Quoter must follow the instructions contained herein.

Quoters are required to meet all RFQ requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award.

Each Quoter is required to submit an electronic version of their quote in English via email with the RFQ number and Company business name in the subject line, by the due date specified. All documents provided by email shall be in English and be in Adobe PDF files except the pricing quote which shall be in Microsoft Excel format with an .xlsx file extension. Send quotes to Ms. Linda Murphy at linda.k.murphy.civ@mail.mil and Ms.

Sarah Law at sarah.b.law2.civ@mail.mil

1. Quotes 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.

2. All Quotes shall include the following in order to be considered compliant:

A. Contract Documentation (See 3A below)

B. Part I – Technical Worksheet (See 3B below)

C. Part II – Price Quote (See 3C below)

3. Instructions for submitting Contract Documentation, and Parts I and II are as follows:

A. Contract Documentation

This part shall consist of:

(1) Complete the RFQ Information Sheet (Attachment 3). Complete the attachment with (i) the company name and address as registered in the System for Award Management (SAM) database;

(ii) DUNS code; (iii) CAGE/nCAGE code; and (iv) identification of the name, title, telephone number and email address of the company point of contact regarding decisions made with respect to your quote and who can obligate your company contractually.

(2) Complete the Standard Form (SF) 1449, Solicitation for Commercial Items blocks 12 (even if no discount is offered), 17a, 17b, 30a, 30b and 30c. Complete Block 17b - if remittance address is different, such address must be registered in the System for Award Management (SAM) database.

In doing so, the Quoter accedes to the contract terms and conditions as written in the RFQ, with attachments. Signature by the Quoter on the SF 1449 constitutes a quotation, which the Government may accept and subsequently present the successful Quoter with an offer.

(3) Complete blocks 8, 15A and 15B on each SF 30, Amendment of Solicitation to acknowledge all solicitation amendments (if any).

(4) Representations and Certifications should be submitted online using SAM at https://www.sam.gov.

(5) Complete clause 52.209-5 Certification Regarding Responsibility Matters and 52.209-7 Information Regarding Responsibility Matters which are included in the SF1449 Solicitation.

(6) Small Business (SB) Subcontracting Plan (Attachment 5)

a. Small Business Subcontracting Plan (Applies to Large Businesses Only). Quoters who certify as a large business concern shall submit a Small Business Subcontracting Plan at time of quote submission. The contents of the Quoter’s Small Business Subcontracting Plan shall be compliant to the requirements stated in FAR 19-704, FAR Clause 52.219-9 (Deviation 2018-O0018 and 2019- O0005), DFARS 219.7, and DFARS Clause 252.219-7003. Attachment 5 of the solicitation may be used as a template for developing a Small Business Subcontracting Plan.

b. The Quoter’s plan shall address all elements stated in FAR 19.704(a)(1) through (15) and include goals focusing on the types of services and dollars to be subcontracted to small business concerns for this particular acquisition. The Contracting Officer will review the Small Business Subcontracting Plan’s information, goals, and assurances to ensure all have been addressed in the plan. Once the Contracting Officer has determined the Small Business Subcontracting Plan is compliant to the subcontracting plan requirements, it shall be incorporated into and made a material part of the contract.

B. Part I – Technical Worksheet (Attachment 4) The Quoter shall submit the Technical Worksheet in

English, which shall be clear, concise, and include sufficient detail for effective evaluation. Instructions regarding the Technical Worksheet can be found on Attachment 4.

C. Part II – Price Quote

(1) Schedule of Rates. (RFQ Attachment 2 - SOR) The Quoter shall input rates for ALL items in the “Unit

Price” column that are highlighted in yellow. Do not input formulas with the “unit price” column.

Do not attempt to change anything on the spreadsheet. Enter unit pricing with two (2) decimal places only. If there are more than two (2) decimal places entered, the Quote may not be considered for award. Enter $0.00 if you wish to quote the item free of charge.

(2) All prices shall be submitted in U. S. Dollars with two (2) decimal places only (Example: $52.35).

NOTE: Contract award and payment shall be made in U. S. Dollars ($).

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot Terminal Services at Beaumont, Texas

FFP

Billing shall be in accordance with the Schedule of Rates and Performance Work Statement. POP: Contract Start Date through 2 April 2020 FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Lot Minimum Guarantee

FFP

The Minimum Guarantee for this contract shall be $2,5000.00 POP:

Contract Start Date through 2 April 2020

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lot OPTION Terminal Services at Beaumont, Texas

FFP

Billing shall be in accordance with the Schedule of Rates and Performance Work Statement. POP: 3 April 2020 through 2 May 2020

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Lot OPTION Terminal Services at Beaumont, Texas

FFP

Billing shall be in accordance with the Schedule of Rates and Performance Work Statement. POP: 3 May 2020 through 2 June 2020

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Lot OPTION Terminal Services at Beaumont, Texas

FFP

Billing shall be in accordance with the Schedule of Rates and Performance Work Statement. POP: 3 June 2020 through 2 July 2020

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 24-FEB-2020 TO

02-APR-2020

N/A W1PE 842D TRANS BN - W42VAB

AARON LEBLANC

1350 LEONARD STREET

BEAUMONT TX 77701-3610

409-784-3861

W42VAB

0002 POP 24-FEB-2020 TO

02-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 03-APR-2020 TO

02-MAY-2020

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 03-MAY-2020 TO

02-JUN-2020

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 03-JUN-2020 TO

02-JUL-2020

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7000 Hardship Conditions AUG 2000 252.247-7002 Revision of Prices DEC 1991 252.247-7007 Liability and Insurance DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(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, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

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

(a) The Government will award one (1) contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered: The following factors shall be used to evaluate quotes that are considered compliant to the RFQ:

A. Technical Worksheet (RFQ Attachment 4) - (Acceptable/Unacceptable) B. Price Quote/Schedule of Rates (RFQ Attachment 2) (Fair and Reasonable/Not Fair and Reasonable)

(b) A written notice of award or acceptance of a Quote, mailed or otherwise furnished to the successful

Quoter within the time for acceptance specified in the Quote, shall result in an offer that may be accepted in writing by the successful Quoter. Before the Quote's specified expiration time, the Government may accept a Quote (or part of a Quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) Basis for contract award - This acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures, Subpart 13.5 and Part 12, Acquisition of Commercial Items of the Federal Acquisition Regulation (FAR). Quotes will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this addendum. Noncompliance may be grounds to eliminate the Quote from consideration for contract award. Award will be made on the basis of Lowest Evaluated Price of the quote whose technical factor is rated “Acceptable”.

Specifically, by submitting a Quote the Quoter understands and accedes to all the terms and conditions of this solicitation. The evaluation process shall proceed as follows: The Government will review each Quote received for compliance in accordance with (IAW) the instructions above. To be considered compliant, each Quote shall include the required Contract Documentation, Technical Worksheet and Price Quote. Only those Quotes that are considered compliant shall be evaluated. Quotes received that are considered incomplete or non-compliant may be considered ineligible for award.

Next, the Technical Worksheet of the Quote with the lowest price will be evaluated first. The quote will be evaluated and receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the Technical Worksheet must meet the Government's minimum requirements. Quotes deemed Unacceptable are those Technical Worksheets that fail to meet the Government's minimum requirements. If the Quote with the lowest proposed price is deemed Unacceptable, then the next lowest priced Quote will then be evaluated.

Finally, the lowest priced Quoter whose Technical Worksheet received an Acceptable rating will then have their rates reviewed to determine fair and reasonableness using one or more techniques set forth in FAR 13.106-3. If the Lowest Priced Quote is deemed to have fair and reasonable prices, 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 Quote represents the best value to the Government. Award shall be made to that Quoter without further consideration of any other Quotes.

If the lowest priced Quoter cannot be determined fair and reasonable or if the lowest priced Quoter is found to be non-responsible, the next lowest priced Quoter will be evaluated. This process will continue until a Quote is evaluated to have an Acceptable Technical Worksheet, fair and reasonable prices, and the Quoter is deemed responsible or until all Quotes have been evaluated.

(d) The Government reserves the right to award no contract at all depending on the quality of the Quotes submitted and availability of funds for the requirement. The Government intends to evaluate Quotes and award a Single IDIQ Contract without requesting or accepting revised quotes. Therefore, the Quoters will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential.

The Contracting Officer at any time may inquire about any Quote if additional information or a revised quote is required. The Contracting Officer may inquire about all, none, or as many Quotes as needed, however, the Contracting Officer shall treat all Quoters fairly and impartially, in accordance with FAR 1.102-2(c)(3).

1. The following factors shall be used to evaluate quotes:

A. Factor I: Technical Worksheet. Each Quoter’s Technical Worksheet will be evaluated as Acceptable or Unacceptable, as defined below. A Quoter will be considered ineligible for award if the Technical Worksheet is not complete.

RATING DESCRIPTION

Acceptable Technical Worksheet clearly meets the minimum requirements of the solicitation.

Unacceptable Technical Worksheet does not clearly meet the minimum requirements of the solicitation.

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 Quoter shall complete and submit the Schedule of Rates Sheet. The price quote 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. Failure to input a unit price in any highlighted cell shall be construed as the Quoter’s intention to propose a price of zero (0). However, Quoters may be considered ineligible for award if all required pricing is not complete.

(2) In order to be considered for award, price must be determined fair and reasonable using one or more techniques set forth in FAR 13.106-3.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. 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 --

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

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

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

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

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

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

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

“Manufactured end product” means any end product in 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.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted 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 SAM.]

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

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

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

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) 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.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

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

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

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian…

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