M00681-17-T-0012_HAHO_IDC_Solicitation.docx

M00681-17-T-0012

Section SF 1449 - CONTINUATION SHEET

Aircraft Blade Hours

FFP

The Contractor shall provide operational blade hours as identified in PWS section 6.6.

FOB: Destination

MILSTRIP: M1100917SU00038

PURCHASE REQUEST NUMBER: M1100917SU00038

MAX

NET AMT

Over and Above Aircraft Blade Hours

Additional blade hours shall be available in the event a Government Aircraft is unable to provide support. This shall be identified in each task order. These blade hours include repositioning and contingency hours.

FOB: Destination

MAX

FACILITIES

In accordance with PWS section 7, the Contractor shall provide facilities for the performance of this requirement. (i.e. classroom, secured areas, billeting) FOB: Destination

MAX

Meals

The Contractor shall provide meals for Marines in accordance with PWS 7.4.

FOB: Destination

MAX

FFP

The Contractor shall provide operational blade hours as identified in PWS section 6.6.

MAX

FFP

Additional blade hours shall be available in the event a Government Aircraft is unable to provide support. This shall be identified in each task order. These blade hours include repositioning and contingency hours.

MAX

FFP

In accordance with PWS section 7, the Contractor shall provide facilities for the performance of this requirement. (i.e. classroom, secured areas, billeting)

MAX

FFP

The Contractor shall provide meals for Marines in accordance with PWS 7.4.

MAX

PERFORMANCE WORK STATMENT

Performance Work Statement

1st Reconnaissance Battalion, 1st Marine Division Advanced High-Altitude High-Open (HAHO) Training Support

1. BACKGROUND. Advanced High-Altitude High-Opening (HAHO) parachute insertion capability has been a requirement for all departing west coast Marine Expeditionary Units (MEUs) to include the 31st MEU for the past five years. This course is a United States Special Operations Command (SOCOM) equivalent; increasing the ability of the MAGTF to conduct interoperability with joint/SOCOM units. Due to the inability to attain seats to the Special Operations Command (SOCOM) run Advanced Tactical Infiltration Course (ATIC), USMC Reconnaissance units are required to execute similar training internally to each unit. The required altitudes, offset distances and the high number of jumps, are not supportable by local military installations or military aircraft alone. Contracted training areas, facilities, messing and blade hours (supplementing military aviation) is required to develop this high demand capability. There are several reasons for using contracted aviation in conjunction with military aviation. The length of time required to build an advanced HAHO capability is beyond the maintenance and aircraft supportability of USMC aviation alone. The current priority-level of aviation support to 1st Reconnaissance Battalion provides no guarantee of military aviation support for all dates necessary to conduct the training and thus provide the required capability. HAHO capabilities have become more relevant in the past ten years with the proliferation of advanced anti-access technologies, the increase of near-peer adversaries, and the development of terrorist and hybrid networks operating in a wide range of tactical environments and geographic locations. Additionally, the requirement to conduct ground reconnaissance during Phase-0 to Phase-4 of Joint Operations presents a force protection issue that can be mitigated by HAHO/ Special Insertion/Extraction (SPIE) methods. The ability to insert teams without detection reduces risk to mission and risk to the force. This training will enhance survivability, lethality, and increase value in missions for MEUs. By building on the foundations of basic Military Freefall (MFF) skills through the conduct of an advanced HAHO training package, risk of jumper injury will be reduced through detailed class instruction, ground practical application, and execution in a realistic training environment.

1. SCOPE. 1st Reconnaissance Battalion,1st Marine Division, I Marine Expeditionary Force (I MEF) is in need of a Firm Fixed Price, Indefinite Delivery Indefinite Contract to support advanced insert training in accordance with training directives Marine Corps Order (MCO) 3502.3B. The period of instruction shall build upon current resident MFF capabilities in advanced Category 3 HAHO insert capability to support future deploying Marine Expeditionary Units (MEU), I MEF contingency-response operations. Additionally, the battalion has a requirement within the prioritized Combatant Command Operational and Conceptual Plans. This is to be accomplished through a combination of contracted facilities, contracted blade hours, messing, and advanced HAHO training in a geographic location that can support all parachute requirements listed in the statement of work.

1. REFERENCES.

2. MCRP 2-10A.6: Ground Reconnaissance Operations (http://www.marines.mil/LinkClick.aspx?fileticket=kwKusMAbpjY%3d&portalid=59)

2. NAVMC 3500.55B: Reconnaissance Training and Readiness (T&R) Manual (http://www.marines.mil/Portals/59/Publications/NAVMC%203500.55B.pdf)

2. MCO 3120.11A: Marine Corps Parachuting Policy and Program Administration. http://www.marines.mil/Portals/59/Publications/MCO%203120.11A.pdf

2. ATTP 3-18.11: Special Forces Military Free Fall Operations (A copy of this publication will be furnished to the Contractor within 3 days of award)

2. TM 70244A-OI-A Military Freefall 6 Sept 2016 (A copy of this publication will be furnished to the Contractor within 3 days of award)

1. AIRCRAFT SUPPORT SERVICES. Military Aircraft is the primary source of support. In the event contractor aircraft is required, the Contractor shall provide (1) CASA C212 or (1) Skyvan aircraft, capable of conducting Military Free Fall (MFF) configured parachute operations at an altitude minimum of 18,000ft mean sea-level (MSL) utilizing a rear ramp exit. This aircraft must be an approved Air Mobility Command aircraft (DOD approved Intrastate Commercial Carriers per DoDI 4500.53 - http://www.dtic.mil/whs/directives/corres/pdf/450053p.pdf ), which is authorized to conduct parachute operations with DoD personnel. The aircraft must be capable of supporting fourteen (14) combat loaded Marines and two (2) MFF Jumpmasters simultaneously.

0. The contractor shall provide all maintenance, oil, special equipment, airfield storage and any other support services associated with operation of the contractor’s aircraft.

0. Contractor will provide commercial grade aviation fuel for their aircraft via pressurized fuel truck.

0. The contractor shall comply with DoD requirements for operation of civil aircraft in support of military operations.

0. The contractor shall comply with Federal Regulations for all hazardous material found in the Code of Federal Regulations (CFR), Title 40, Parts 260-265, 270, 300 and state regulations for hazardous materials.

0. All aircraft shall be operated in accordance with applicable Government aeronautical regulations, including United States Navy (USN), United States Air Force (USAF), and local military flying directives, including foreign government requirements.

0. The contractor shall provide a flight-ready Aircraft within 60 minutes prior to take-off.

0. BLADE HOURS. The Contractor shall provide operational blade hours as identified in each task order of aircraft to include repositioning fees. Additional lift support for the training unit will be augmented by military aircraft.

0. Over and Above Blade Hours. Additional blade hours shall be available in the event government aircraft is unable to provide support and additional blade hours are needed. The government will order “over and above blade hours” via modification to an existing task order or issuance of a new task order. An Over and Above blade hours Contract Line Item shall include repositioning fees and contingency blade hours as identified below:

7. Repositioning. Three (3) hours of repositioning fees shall be applied for any Contractor provided blade hours that have a gap of more than 48 hours of support.

7. Contingency. Additional contingency blade hours shall be utilized in the event of an unforeseen circumstance (i.e. weather issues) if necessary to complete the training.

0. TRAINING AREA. The Contractor shall provide a training area with direct access to aircraft and loading areas at a minimum of 15,000 square feet in size.

8. Airfield must be capable of supporting one (1) KC-130 for landing, taking-off and maneuvering on the ground.

8. The Contractor shall provide a space for parachute packing.

0. EMERGENCY SERVICES: Contractor shall, for the period of performance coordinate emergency services with municipal or county Paramedics.

9. The Contractor shall provide and coordinate medical support in the form of air medevac capabilities.

9. The Contractor shall provide liaison to medical facilities in the area.

9. The Contractor shall provide initial coordination of air evacuation of casualty.

0. AIRFIELD/DROP ZONES.

10. The Contractor shall provide at least five (5) drop zones capable of meeting the jumps requirements of NAVMC 3500.55B: Reconnaissance T&R Manual, Attachment 1, and MCRP 2-10A.6 Category 3 parachutist, Attachment 2.

10. The Contractor shall provide Drop Zone (DZ) landing jumper and parachute recovery capability.

10. The Contractor shall provide approved Zone Availability Reports (ZAR) for drop zones identified and utilized in accordance with PWS 4.10.1.

1. FACILITIES. The Contractor shall provide on-site facilities for the performance of this requirement. All facilities must be adjacent to the airfield.

1. CLASSROOM. The Contractor shall provide on-site climate controlled classroom spaces for formal and informal instruction.

1. SECURED FACILITY. A secured climate controlled area with double lock capability shall be provided.

1. Authorized access shall be only given to 1st Reconnaissance Paraloft personnel. This space is required per MCO 3120.11A, Marine Corps Parachuting Policy and Program Administration, for storage of all equipment identified in section 8.0. MCO 3120.11A is accessible via the following link: http://www.marines.mil/Portals/59/Publications/MCO%203120.11A.pdf.

1. BILLETING. The Contractor shall provide on-Site billeting space, for up to 40 Marines, utilizing government supplied cots during the period of performance of each Task Order. Each Task order shall identify the number of Marines needing billeting support.

2. This location shall include bathrooms (showers and toilet facilities) during entire period of performance of each task order. The contractor shall maintain clean bathrooms and respond to customer requests/concerns within one (1) hour.

2. Billeting space must accommodate sleeping and the storage of extra uniforms, gear, and civilian attire.

1. MEALS. The Contractor shall provide on-site catering for Marines as follows:

3. Space shall be available for catering to be set up and serve a breakfast and dinner.

3. The two meals shall be provided daily; breakfast at 0730 and dinner at 1700, for the full duration of the training, one meal prior to the conduct of training and one meal at the conclusion of training daily. On the first day, only dinner shall be required. On the last day, only breakfast shall be required of each Task Order. The times identified shall be based on the contractor’s time zone.

3. The contractor shall ensure that all meals are provided within a 30 minute window of the time stated in PWS 5.4.2.

3. The Contractor shall provide all materials, equipment, and labor required to cook, prepare, setup, serve, and clean up the meals.

3. The Contractor shall setup and serve each meal “buffet style.”

3. The Contractor shall ensure meals are ready to be served by the times outlined section 5.4. 2 of this PWS, and that all foods are served hot or cold, in accordance with standard commercial practices.

3. The Contractor shall provide utensils, napkins, plates, and cups for each meal.

3. The Contractor shall dispose of and remove all trash from the site.

3. The Government shall provide a primary point of contact for the purposes of advising the contractor of the number of patrons expected for each meal. Menus proposed at the start of each Task Order shall not deviate from the contract unless advance approval is received 24 hours prior to any change. The Government point of contact is the only individual, other than the Contracting Officer, authorized to approve menu changes. Any changes that are made to the menu shall not affect the price per meal. All matters concerning changes to price shall be addressed to the Contracting Officer, and no action shall be taken until approval is provided.

3. The Contractor shall provide preparation of meals in food holding containers that conform to industry standards, for any personnel who are not able to return to the site to subsist. The containers utilized by the Contractor must be designed for the capacity of each portion per individual per meal, and must be capable of being transported. The Government shall provide an estimated number of meals required for individuals unable to return to the site 24 hours prior to each meal and the Contractor shall provide the meals in the food holding containers at the time the buffet style meals are served.

3. All meals will comply with the following guidelines:

10. All meals shall be prepared to include, at a minimum, the U.S. Department of Agriculture recommended daily allowances of each of the four basic food groups.

10. At a minimum, the contractor shall provide 2% fat milk and coffee with each meal. The contractor shall provide at least one 100% fruit juice with each breakfast, and provide soda, tea, and bottled water for each dinner.

10. Salt and pepper shall be provided with each meal. As appropriate and in accordance with standard commercial practices, the following condiments shall be provided with each meal: ketchup, mayonnaise, mustard, butter, jellies, hot sauce, and salad dressings.

1. PERFORMANCE REQUIREMENTS SUMMARY. The Government will provide a Quality Assurance Surveillance Plan (QASP) identifying roles and responsibilities and performance requirements as follows:

Performance Requirements Summary (PRS)

PWS/

Para. #

Frequency Performance Incentive

1. PLACE OF PERFORMANCE. Contractor performance location shall meet the following criteria:

3. Located within 360 mile radius of Camp Pendleton.

3. Dry climate with fairly predictable weather.

3. No major air traffic routes through training area with the ability to attain Federal Aviation Administration (FAA) airspace clearance for required jump altitudes during offset jumps according to Attachment 2.

3. No significantly large bodies of water that would increase the risk to parachute operations.

1. UNIT TRAINING EQUIPMENT. This is government furnished information being provided for situational awareness. The government will utilize this equipment during the performance of this effort.

0. Sufficient quantities and types of weapons to load out Marines participating in training with a combat load

0. Individual radios for jumpers

0. Radios for communication with the aircraft

0. Night vision devices capable of mounting on jump helmets during HAHO operations

0. 40x cots for Marines billeting

0. 60x Multi-Mission Parachute System (MMPS) parachutes

0. 45x Parachutist High Altitude Oxygen System (PHAOS) bailout bottles

0. 45x PHAOS masks

0. 45x altimeters

0. 30x Parachutist Individual Kits (PIEK)

0. Military aviation support to meet all training objectives within the prescribed timelines of the course

1. PERIOD OF PERFORMANCE. Shall be identified in each Task Order. The contractor shall provide support on weekdays, weekends and holidays.

1. ORDERING. Task Orders shall be issued in accordance with this performance work statement and issued with only CLINs pertaining to the work requested.

1. GOVERNMENT POINT OF CONTACT. Points of contact shall be provided at time of contract award.

1. ADDITIONAL REQUIREMENTS.

0. The Contractor shall be responsible for complying with all applicable Federal Acquisition Regulations (FAR) and the Defense Federal Acquisition Regulations (DFAR) and all other Federal, State and local regulations.

0. The Contractor shall provide all transportation, meals, and lodging for all contractor personnel.

Attachment 1 Phase 1 Training Advanced HAHO Unit Required Training Reconnaissance T&R Tasks

Attachment 2 Advanced HAHO Unit Required Training Jump Requirements MCWP 2-25 Category 3

Jump #

*TORDS progression

Attachment 3 Advanced HAHO Unit Required Training ATIC Certification Requirements (ATT 3-18.11)

Module A: Ground Training (6 Tasks)

Weapons, and Equipment

Module B: Airborne Operations (14 Tasks)

and Portable Oxygen System

GUARANTEED MINIMUM

Minimum/Maximum Quantities for the Contract

In accordance with FAR 16.504(a)(1) the minimum/maximum quantities are provided as follows:

1. The Guaranteed Minimum of 12 Blade hours, 19 Facility Days and 1,080 meals shall be funded by Task Order at award of this contract. The period of performance shall be for 6 March 2017 – 24 March 2017.

2. Maximum Quantity under this contract inclusive of all options (52.17-8 and 52.217-9) shall not exceed the MAX QUANTITY identified in each Contract Line Item Number of this contract.

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

24.00

84.00

40.00

3,040.00

24.00

84.00

40.00

3,040.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

24.00

84.00

40.00

3,040.00

24.00

84.00

40.00

3,040.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

05-MAR-2018

JEFF SILENTWALKER

1ST RECON BN BLDG 33531

CAMP PENDLETON CA 92055

760-725-8743

M11009

05-MAR-2018

M11009

05-MAR-2018

M11009

05-MAR-2018

M11009

05-MAR-2019

M11009

05-MAR-2019

M11009

05-MAR-2019

M11009

05-MAR-2019

M11009

PROVISIONS INCORPORATED BY REFERENCE

PROVISIONS INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-1 ADDENDUM

INSTRUCTION TO OFFERORS

1. SUMMARY: This is a request for quotation utilizing the procedures of FAR 12 and FAR 13.5. Responses to this solicitation are considered quotations and not offers. In this instances where the words offer, offeror, and proposal are used, the reader should understand that the use of such words does not change the nature of this request for quotation. The resulting award will be Single Award Indefinite Delivery Indefinite Quantity contract with Firm-Fixed Priced Contract Line Items. This requirement shall provide support to the 1st Reconnaissance Battalion, I MEF, Camp Pendleton with Advanced High Open High Altitude (HAHO) service support. The period of performance shall be a base period of twelve (12) months and an option period of twelve (12) months.

2. SUBMISSION OF QUOTATIONS: Quotations must be received no later than the date and time specified in block #8, page #1 – Pacific Daylight Time (PDT). Quotes shall be submitted via email to the attention of Drena McIntosh and Diana Lynch-Maldonado at Drena.McIntosh@usmc.mil and Diana.Lynch-Maldona@usmc.mil. If the quote is submitted via multiple please number the emails (for example, “Email 1 of 3”, “Email 2 of 3”, and “Email 3 of 3”).

*** MAILED and FAXED QUOTES WILL NOT BE ACCEPTED***

***CD’s and/or External Media Devices WILL NOT BE ACCEPTED***

Quotes must clearly state the solicitation number and name of the contract specialist on the first page of each File to ensure proper receipt.

The Government may make award based solely on the quotes received.

3. PERIOD OF ACCEPTANCE OF QUOTATIONS: The pricing terms and condition of the quotation shall be valid for at least 90 days unless a longer time is proposed by the quoter.

4. QUESTIONS CONCERNING THE SOLICITATION: Questions shall be submitted by email to the attention of Drena McIntosh and Diana Lynch-Maldonado at Drean.McIntosh@usmc.mil and Diana.Lynch-Maldona@usmc.mil no later than February 2, 2017 at 10:00AM Pacific Daylight Time (PDT). No telephonic questions will be accepted. The Government may, in its sole discretion, choose to respond to questions received after the deadline. All timely questions will be reviewed and responded to.

The emailed question should be submitted in the following format:

Reference Solicitation M00681-17-T-0012: Section ___, Page ____, Paragraph ____ Question: ____________________________________

5. COMPLETE SUBMISSIONS: This section specifies the format and limitations that the quoters shall use when submitting quotes. Submissions shall be in the format prescribed below and shall contain a response to each of the files identified. Each of the electronic files (Technical, Price, and Past Performance) must be separate and complete so that the evaluation of any file parts may be accomplished independently. The quoter must complete all clauses and provisions as necessary. Incomplete submissions will not be considered. A complete submission must be received for consideration. A complete submission requires the following electronic files:

FILE I: Technical

1. The technical proposal shall include the technical approach as described below. Technical proposals are limited to 20 pages in length and shall be in English. Each page must be numbered consecutively. Pages that exceed the page number limitation will not be evaluated. Not included in the page limitation are the following:

· Cover/title page

· Table of contents

2. The Technical Approach must demonstrate a clear understanding of the requirements identified in the Performance Work Statement (PWS) and include a description of the overall approach and strategy being proposed. The Technical Approach shall include a detailed description of the offeror’s technical solution for PWS sections and subparagraphs 4 through 6 and section 12.

IMPORTANT: If the quoter simply restates the requirements in these sections of the PWS, the quoter’s offer/quote will be deemed unacceptable and be removed from further consideration for award. A capabilities statement is not an acceptable technical approach.

FILE II: Price

1. File II does not have a page limitation. The quoter must submit a completed Standard Form 1449 (SF1449) including any solicitation amendments. Blocks 17a, 30b, and 30c of Page 1 of the SF1449 shall be completed by quoters and Block 30a of the SF1149 shall be signed by an authorized agent of the quoter acknowledging the quoter has read and agrees to comply with all the terms, conditions and instructions provided in this solicitation document.

2. The quoter must submit and complete all SF30 amendments issued to the solicitation. Each SF30 shall be signed by an authorized agent of the quoter acknowledging the quoter has read and agrees to comply with all the terms, conditions and instructions provided in the document.

3. All applicable provisions and clauses that require a response from the quoter . Examples include:

a. FAR52.212-3

b. FAR 52.212-3alt1

c. DFARS 252.204-7011

4. The price being quoted shall be provided in the schedule of supplies/services of the solicitation SF1449 – Contract Line Item Numbers (CLINs) 0001 through 1004.

5. The quoter must complete the unit price and total price for each CLIN as well as a summation of the TOTAL contract price (aggregate total of CLINs 0001 through 1004).

6. Quoted unit pricing shall be stated in no more than 2 decimal places. Any price quote containing unit pricing exceeding two (2) decimal places will be deemed an incomplete submission.

File III: Past Performance: Offerors shall provide no more than three (3) past performance references for the prime and any subcontractor. Emphasis should be placed on the provision of Advance Tactical HAHO training and support within the last three (3) years. This information will be used to assess contractor responsibility ONLY.

(end of provision addendum)

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

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be the lowest priced, technically acceptable (LPTA) quotation, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical Approach. Each offeror’s Technical proposal shall be evaluated as Acceptable or Unacceptable as defined below:

Technical Acceptable/Unacceptable Ratings Methods

To be rated Acceptable, the quoter must provide a technical approach which clearly describes how the quoter will accomplish all the tasks of the PWS. When evaluating the Offeror’s Technical quote, the Government will determine if the offeror has met the following minimum requirements:

1. Minimum Aircraft requirement in accordance with (IAW) section 4 and provide required FAA or the equivalent foreign Civil Aviation Authority (CAA) air carrier or commercial operator certificates.

2. This aircraft must be an approved Air Mobility Command aircraft IAW DoDI 4500.53.

3. Provide a minimum of five (5) Zone Availability Reports (ZAR) for the drop zones that will be utilize to satisfy this requirement.

4. Minimum training area size in accordance with PWS 4.8.

5. Provide classroom spaces in accordance with PWS 5.1.

6. Provide a secured facility in accordance with PWS 5.2.

7. Provide space for billeting in accordance with PWS 5.3 and subsections.

8. Provide meals in accordance with PWS 5.4 and subsections.

9. Place of performance requirements in accordance with PWS Section 7.

Factor 2: Price: The Offeror’s price quote will be evaluated to determine price completeness and reasonableness.

Factor 3: Past Performance: The Government will conduct a performance risk assessment of the offeror’s record of past and current performance, as well as that of its proposed subcontractors and team member as it relates to the probability of successfully performing the requirements of the solicitation. The past performance evaluation will consider the offeror's demonstrated recent (within the past three years) and relevant record of performance in supplying services that meet the solicitation’s requirements. Quoters are advised that in conducting the past performance assessment, the Government may use data provided in the quoter’s proposal and data obtained from other sources. The Government may use Past Performance information obtained from sources other than those identified by the Offeror.

Past performance will be rated on an “acceptable” or “unacceptable” basis.

Past Performance Evaluation Ratings

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

(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). The Government will evaluate the FAR 52.217-8 Option to Extend Services as part of the initial competition by adding half of the final year option price to the overall quoted price.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2016)

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

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

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

“Civil judgment” means--

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

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

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

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

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and…