M00681-15-T-0065_Solicitation_27_APR_2015.doc

Section SF 1449 - CONTINUATION SHEET

Technical Support Service

FFP

TECHNICAL SUPPPORT SERVICES TO ASSIST IN IDENTIFYING AND MAINTAINING AIRCRAFT TREND ANALYSIS, MISSION IMPACTORS, AND IMPLEMENTATION OF NEW AIRCRAFT SYSTEM UPGRADES. TO BE IN ACCORDANCE WITH THE STATEMENT OF WORK AND SCHEDULE.

FOB: Destination

NET AMT

TRAVEL

COST

Cost Reimbursable. AS REQUIRED AND AUTHORIZED BY THE CONTRACTING OFFICER'S REPRESENTATIVE. TO BE IN ACCORDANCE WITH THE JTR.

ESTIMATED COST

FFP

TECHNICAL SUPPPORT SERVICES TO ASSIST IN IDENTIFYING AND MAINTAINING AIRCRAFT TREND ANALYSIS, MISSION IMPACTORS, AND IMPLEMENTATION OF NEW AIRCRAFT SYSTEM UPGRADES. TO BE IN ACCORDANCE WITH THE STATEMENT OF WORK AND SCHEDULE.

NET AMT

COST

Cost Reimbursable. AS REQUIRED AND AUTHORIZED BY THE CONTRACTING OFFICER'S REPRESENTATIVE. TO BE IN ACCORDANCE WITH THE JTR.

ESTIMATED COST

FFP

TECHNICAL SUPPPORT SERVICES TO ASSIST IN IDENTIFYING AND MAINTAINING AIRCRAFT TREND ANALYSIS, MISSION IMPACTORS, AND IMPLEMENTATION OF NEW AIRCRAFT SYSTEM UPGRADES. TO BE IN ACCORDANCE WITH THE STATEMENT OF WORK AND SCHEDULE.

NET AMT

COST

Cost Reimbursable. AS REQUIRED AND AUTHORIZED BY THE CONTRACTING OFFICER'S REPRESENTATIVE. TO BE IN ACCORDANCE WITH THE JTR.

ESTIMATED COST

FFP

TECHNICAL SUPPPORT SERVICES TO ASSIST IN IDENTIFYING AND MAINTAINING AIRCRAFT TREND ANALYSIS, MISSION IMPACTORS, AND IMPLEMENTATION OF NEW AIRCRAFT SYSTEM UPGRADES. TO BE IN ACCORDANCE WITH THE STATEMENT OF WORK AND SCHEDULE.

NET AMT

COST

Cost Reimbursable. AS REQUIRED AND AUTHORIZED BY THE CONTRACTING OFFICER'S REPRESENTATIVE. TO BE IN ACCORDANCE WITH THE JTR.

ESTIMATED COST

FFP

TECHNICAL SUPPPORT SERVICES TO ASSIST IN IDENTIFYING AND MAINTAINING AIRCRAFT TREND ANALYSIS, MISSION IMPACTORS, AND IMPLEMENTATION OF NEW AIRCRAFT SYSTEM UPGRADES. TO BE IN ACCORDANCE WITH THE STATEMENT OF WORK AND SCHEDULE.

NET AMT

COST

Cost Reimbursable. AS REQUIRED AND AUTHORIZED BY THE CONTRACTING OFFICER'S REPRESENTATIVE. TO BE IN ACCORDANCE WITH THE JTR.

ESTIMATED COST

PERFORMANCE WORK STATEMENT

TECHNICAL SUPPORT SERVICES

I.

Background

1. The Commanding General I Marine Expeditionary Force (I MEF) is responsible for the management, readiness and operational support of Tactical Aircraft (TACAIR) and Fleet Readiness (FRS). Within I MEF there are four (4) Marine Aircraft Groups (MAGs) located at Marine Corps Air Station (MCAS) Miramar, Camp Pendleton and Yuma. Each MAG is composed of aircraft squadrons and a Marine Aviation Logistics Squadron (MALS). I MEF aircraft operate under the Naval Aviation Maintenance Program (NAMP), Commander Naval Air Forces (CNAF) and Commander Marine Corps Forces, Pacific Fleet (COMMARFORPAC) policy guidance.

2. As aircraft administration and information systems become more complex and continue to grow, I MEF requires supplemental technical support to provide oversight over aircraft administration, logs and records and technical information. The increasing technical nature of managing resources is beyond the staff capabilities.

II.

Purpose

1. To ensure the aircraft readiness and mission capability are maintained at the highest possible levels, I MEF requires contractor technical support services to assist in identifying and maintaining aircraft trend analysis, mission impactors and implementation of new aircraft system upgrades. Contracted services will supplement the current I MEF staff in order to provide a higher level of expertise and overall mission capability. These services will include interpretation of aircraft readiness reports, data analysis, interface with supporting commands and monitoring of aircraft system upgrades.

III.

Tasks

1.

To ensure that aircraft readiness and mission capability are maintained at the highest possible levels, the following contractor-technical support services are required at I MEF:

a.

Monitor all aircraft reporting within I MEF.

b.

Organize an efficient routing and filing system for G-3, Aviation Logistics Branch (ALB) correspondence.

c.

Identify administrative deficiencies and provide viable solutions to ongoing problems within I MEF ALB.

d.

Ensure accurate and timely submission of monthly Aircraft Material Readiness Reports.

e.

Oversee 3d MAW ALMAT in detailed inspections of functional areas such as Central Technical Publication Libraries, Technical Directives Programs, ECAMS, Records and Reports, Aircraft Logs and Records and Maintenance Administration.

f.

Monitor the standards for maintenance programs for all squadrons assigned to 3D MAW.

g.

Identify problems/unfavorable trends and their impact on mission readiness and maintenance safety. Provide viable solutions for timely courses of corrective action.

h.

Provide training and assistance for Maintenance Programs with twenty-nine organizational and four intermediate maintenance departments.

i.

Provide continual MALSP, TAVB and aviation logistics input to staff as required.

j.

Provide technical evaluations of existing assessment techniques and provide recommendations for new assessment techniques, which would further or more clearly identify data discrepancies.

k.

Provide situational awareness briefs, and when tasked, provide subject matter recommendations and feedback for NAVRIIP, AIRSpeed and FRC maintenance processes and programs.

l.

Design, develop and implement courses of instruction as directed by the Assistant Chief of Staff/G-3, I MEF.

m.

Maintain aircraft readiness charts for the Commanding General and Assistant Chief of Staff, Aviation Logistics Division, Marine Forces Pacific.

n.

Represent I MEF and Assistant Chief of Staff, Aviation Logistics Division, Marine Forces Pacific for all CNAF hosted Aviation Logistics Readiness Plan (ALRP) milestone and Transition Task Force (TTF) meetings.

o.

Provide primary Aviation logistics liaison between I MEF staff, higher headquarters and major subordinate commands.

p.

Liaison regarding both surface and air movement of aircraft and associated equipment and supplies between I MEF MAGTF Deployment, & Distribution Operations Center (MDDOC), higher headquarters and MSC’s.

q.

Monitor ten elements for Integrated Logistics Support (ILS) for induction of new weapons systems platforms as it pertains to I MEF.

r.

Monitor readiness information for the five interrelated functional areas of Marine Aviation as it affects I MEF.

s.

Monitor and participate in Marine Aviation Transition Strategy (MATS) for operational planning.

IV.

Government Furnished Items

1.

The following government furnished items will be provided to the contractor as a means to accomplish the assigned tasks described in this statement of work.

a.

Government Furnished Information (GFI). The government will provide to the contractor any data required to perform tasks stated in Section III.

b.

Government Furnished Equipment (GFE). The contractor is authorized to use existing government owned computer hardware and software as required to perform the tasks in Section III.

V.

Travel 1.

Travel may be required in support of this contract. All travel by contractor employees must be authorized by the Contracting Officer Representative prior to travel being performed. Contractor travel required in support of this contract will be accomplished at the specific request of the Government.

a.

Travel may be required to attend conferences or meetings; perform normally assigned duties at a remote location, receive training, or provide training to personnel.

b.

When travel is directed, the contractor shall be reimbursed for reasonable actual cost of commercial transportation for authorized travel of contractor personnel not to exceed the cost of commercial rail or plane fare in accordance with the Joint Travel Regulations.

c.

Expense for travel hereunder, by motor vehicle, other than common carrier or rented automobile, shall be reimbursed on a mileage basis at rates not higher than authorized by the most recent Joint Travel Regulation (JTR). The JTR may be accessed at http://www.dtic.mil/perdiem/trvlregs.html. In lieu of actual expenses of such travel, said mileage is to be based on Standard Rand McNally distance table provided such points are therein noted; otherwise actual speedometer mileage between sites of work will be allowed. There shall be no reimbursement for mileage for personal convenience.

d.

Time expended in travel shall be considered as time spent in the performance of the services hereunder for payment purposes subject to the provision that the time shall not exceed the time required to travel the distance at a rate of 300 miles per day by automobile by the most direct route between the starting and destination points. Travel status is defined as the total period of temporary absence from the contractor’s facility.

e.

In addition, reimbursement is authorized for bridge, ferry and turnpike tolls, if incurred, in connection with authorized transportation.

e.

The contractor will not be reimbursed for travel by the installation during the daily performance of the contract.

2.

Per Diem (Subsistence and Lodging). The Government shall reimburse the contractor for per diem at rates not higher than authorized by the most recent Joint Travel Regulations (JTR), when such employee is in an approved travel status in connection with work involved under this contract.

VI.

Special Considerations.

1. Period of Performance. The base period of performance will be 1 June 2015 through 31 May 2016 with the option to extend four additional one year periods.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAY-2016

31-MAY-2016

31-MAY-2017

31-MAY-2017

31-MAY-2018

31-MAY-2018

31-MAY-2019

31-MAY-2019

31-MAY-2020

31-MAY-2020

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

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

(i) ASSIST (https://assist.dla.mil/online/start/).

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

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

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

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

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

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

ADDENDUM 52.212-1(b)

The following information will be included in the Solicitation as an addendum to FAR Clause 52.212-1 Instructions to Offerors:

1. This provision applies to both quotations and proposals; if this is a request for quotations, where the term “proposal” is used, the term “quotation” is hereby substituted.

A. Instructions for Preparation and Submission of Quotes:

1. To ensure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein.

Quotes must be complete, self-sufficient, and respond directly to the requirements of the solicitation. The response shall consist of two (2) separately bound parts:

Part I: Price Proposal

Part II: Technical Factor

2. 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. However, if at any time during this competition the Contracting Officer determines that adequate price no longer exists; offerors may be required to submit information, to the extent necessary, for the

Contracting Officer to determine the reasonableness of price.

B. Specific Instructions:

1. PART I – PRICE PROPOSAL: Submit original- one (1) copy.

(a) Complete Blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offer accedes to the contract terms and conditions as written in this SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) The Offeror is responsible to verify accuracy of each amount. If equivalent products are offered for a particular item number, it must be identified in the “Item Name” rows and highlighted. The manufacturer and part number must be provided for all item name lines.

(c) Complete all necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3, as required to be completed per each provisional instruction, shall be returned along with the quote.

(d) SF30 - Amendment of Solicitation/Modification of Contract (If applicable)

2. PART II – TECHNICAL FACTOR: Limited to no more than twenty (20) pages. Submit original- one (1) copy.

(a) Non-Price Proposal (Technical and Experience). Comprehensive responses to the requirements of the Request for Proposals are necessary to evaluate the offeror’s capability to meet the stated requirements of the solicitation. Technical proposals should be practical, legible, clear, and coherent. So that evaluation may be accomplished strictly on the merit of the material submitted, no prices shall be included in technical proposals. General statements that the offeror can comply with the requirements will not, by themselves, be adequate. Failure to provide the technical information requested, may be cause for rejection of the offer. The offeror shall provide responses which address each of the requirements as listed in the Performance Work Statement. Detailed responses to each of these requirements shall provide an explanation indicating offeror’s ability, understanding, and proposed methodology to be utilized to meet each requirement.

(b) Non-Price Proposal (Past Performance). Offerors shall provide information to assist the Government in evaluating past performance. Offerors shall provide the Past Performance Questionnaire, Attachment B, to at least three of the offeror's customers (Government agencies or private businesses) for recent and relevant contracts for the same or similar services. If the offeror does not have recent or relevant contracts, the questionnaire should be provided to three current customers, or to customers for whom it has provided services in the last three years. Customers must complete the questionnaire and submit it directly to the Contract Specialist prior to the due date of proposals. Offerors shall review the evaluation factors for this solicitation to ascertain the importance of past performance information in the selection of a successful offer, and take whatever action the offeror deems appropriate to ensure the Government is provided with adequate past performance information.

If no Past Performance information is provided, the Contracting Officer may use the Experience information to evaluate Past Performance.

C. General Information

1. SUBMITTED DOCUMENTS IN RESPONSE TO THIS SOLICITATION must be fully responsive to and consistent with the following:

(a) Requirements of the solicitation.

(b) Evaluation Factors for Award at FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS of this solicitation.

(c) Format for proposal Parts (1) and (2) shall be as follows:

(a) The proposals will be 8 ½” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

(b) A page is defined as one face of a sheet of paper containing information.

(c) Typing shall not be less than 12 point.

(d) Elaborate formats, bindings or color presentations are not desired or required.

(e) Shall be submitted via electronic douments via email.

2. INFORMATION REGARDING SUBMISSION OF PROPOSAL:

(a) Failure to provide any part of a proposal identified in section A.1 of this addendum will result in the submission deemed as incomplete and therefore NON-RESPONSIVE.

(b) All proposals must include the solicitation number in the subject label and be submitted electronically to the following address(es):

Primary: Ann H. Session, ann.h.session@usmc.mil

(c) The “sent” time and date identified on the received e-mail will be used to time stamp all offers. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions and withdrawals of offers”.

(End of provision)

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

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

1. Experience: Qualifications, experience, and expertise will be evaluated not only the firm as a whole but also of the specific contractor personnel which may be employed under the contract resulting from this solicitation.

2. Past Performance: Whether the company and/or the candidate have recent, relevant past performance in a similar scope and magnitude.

3. Price

Non-price submissions must be separate from the price submissions.

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

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

Experience and past performance when combined are approximately equal to price. In determining the best value, the non-price factors, when combined, are approximately equal to price. Award will be made to the offeror whose proposal contains the combination of those criteria offering the best overall value to the Government. Price is not expected to be the controlling factor, but the degree of importance of price as a factor could become greater depending upon the equality of the proposals for non-price factors evaluated. Where competing proposals are determined to be substantially equal, price could become the controlling factor.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

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

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

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

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

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

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

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

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

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [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:

(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,…