M3361023Q0008 Propane BPA released.docx

M3361023Q0008

Section SF 1449 - CONTINUATION SHEET

Propane Delivery Bulk

FFP

Bulk amounts

Locations include:

Location Tank size

See PWS for details

FOB: Destination MFR PART NR: Propane Delivery Bulk

PSC CD: 6830

NET AMT

Propane Delivery Bobtail

Bulk amounts

Locations include:

Location Tank Size Communications 500

Waste Water Plant 1000

See PWS for details FOB: Destination MFR PART NR: Propane Delivery Bobtail

NET AMT

Emergency Deliveries

Fee for deliveries outside normal working hours and on holidays, when emergency propane deliveries are required. Propane pricing will remain the same in accordance with CLIN 0001 and CLIN 0002.

Contractor must delivery within 48 hours of notification

FOB: Destination MFR PART NR: Emergency Deliveries

NET AMT

Propane Delivery Bulk

Bulk amounts

Locations include:

Location Tank size

See PWS for details

FOB: Destination

NET AMT

Propane Delivery Bobtail

Bulk amounts

Locations include:

Location Tank Size Communications 500

Waste Water Plant 1000

See PWS for details FOB: Destination

NET AMT

Emergency Deliveries

Fee for deliveries outside normal working hours and on holidays, when emergency propane deliveries are required. Propane pricing will remain the same in accordance with CLIN 1001 and CLIN 1002.

Contractor must delivery within 48 hours of notification

FOB: Destination

NET AMT

Propane Delivery Bulk

Bulk amounts

Locations include:

Location Tank size

See PWS for details

FOB: Destination

NET AMT

Propane Delivery Bobtail

Bulk amounts

Locations include:

Location Tank Size Communications 500

Waste Water Plant 1000

See PWS for details FOB: Destination

NET AMT

Emergency Deliveries

Fee for deliveries outside normal working hours and on holidays, when emergency propane deliveries are required. Propane pricing will remain the same in accordance with CLIN 2001 and CLIN 2002.

Contractor must delivery within 48 hours of notification

FOB: Destination

NET AMT

Propane Delivery Bulk

Bulk amounts

Locations include:

Location Tank size

See PWS for details

FOB: Destination

NET AMT

Propane Delivery Bobtail

Bulk amounts

Locations include:

Location Tank Size Communications 500

Waste Water Plant 1000

See PWS for details FOB: Destination

NET AMT

Emergency Deliveries

Fee for deliveries outside normal working hours and on holidays, when emergency propane deliveries are required. Propane pricing will remain the same in accordance with CLIN 3001 and CLIN 3002.

Contractor must delivery within 48 hours of notification

FOB: Destination

NET AMT

Propane Delivery Bulk

Bulk amounts

Locations include:

Location Tank size

See PWS for details

FOB: Destination

NET AMT

Propane Delivery Bobtail

Bulk amounts

Locations include:

Location Tank Size Communications 500

Waste Water Plant 1000

See PWS for details FOB: Destination

NET AMT

Emergency Deliveries

Fee for deliveries outside normal working hours and on holidays, when emergency propane deliveries are required. Propane pricing will remain the same in accordance with CLIN 4001 and CLIN 4002.

Contractor must delivery within 48 hours of notification

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

29-SEP-2023

FACILITIES MAINTANCE

BLDG 1036 FAC MAINT

HC 83 MCMWTC

BRIDGEPORT CA 93517-9801

(760)932-1595 FOB: Destination M35500

29-SEP-2023

M35500

29-SEP-2023

M35500

29-SEP-2024

M35500

29-SEP-2024

M35500

29-SEP-2024

M35500

29-SEP-2025

M35500

29-SEP-2025

M35500

29-SEP-2025

M35500

29-SEP-2026

M35500

29-SEP-2026

M35500

29-SEP-2026

M35500

29-SEP-2027

M35500

29-SEP-2027

M35500

29-SEP-2027

M35500

CLIN MINIMUM/MAXIMUM

CLIN MINIMUM/MAXIMUM QUANTITY

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.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

330,000

40,000

330,000

40,000

300,000

40,000

100,000

330,000

40,000

330,000

40,000

330,000

40,000

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.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

PWS

Performance Work Statement

1. Purpose: Upon government notification, the purpose of this agreement is to replenish propane to meet maximum levels (80%), entitled Service Locations in response to service calls made by the Governement Representitive (GR).

1. On Agreement: Contractor shall perform visual inspections, pressure tests to ensure all tanks are in proper working order.

1. Hours of Operation: Replenishment services shall be performed between the hours of 0600 – 1630 Monday through Friday. Saturday, Sunday, and Holidays services are not included in this agreement. If emergency services are required outside the normal hours of operation, a separate order apart from this agreement will be issued.

1. Propane Delivery Requirements: Propane gas will be delivered to depleted tanks as indicated on issued Task Orders (TO) and the included propane request/delivery sheet. The Government will fill in columns entitled “Tank Reading (%)” and “Estimated Gallons Needed”. The contractor will fill in columns “Start”, “Stop” & “Actual Fill Amount” and upon completion of services, will return it to the Facilities Maintenance section (760) 932-1595 accompanied with their delivery tickets denoting their business name & address. Contractor will ensure that tanks do not exceed 80%.

1. Invoicing: One (1) Invoice shall be submitted per delivery into Wide Area Work Flow (WAWF) for all propane tanks refilled during the delivery period. Copies of the delivery tickets shall be provided to the GR at the end of each delivery. All tanks shall be identified by location, serial number and tank size.

1. Response Time: The contractor shall respond to service calls made by the Contracting Officer within three (3) business days. Due to the remote location of the installation and the severe weather conditions that may hinder delivery of propane every effort will be made to deliver propane in the most efficient and expedient way however it shall not to exceed two and one half weeks more than twice in one year. Emergency calls, which occur when a critical tank reads 20% or when current or forecasted inclement weather prevents delivery on base, requiring a 48 hour delivery service will be mutually agreed upon between the Government and the Contractor. Should the contractor NOT be able to meet the delivery requirement, the Government shall be free to seek services from another contractor apart from this agreement.

1. Requested Services: The contractor shall provide all labor, materials, tools, equipment, transportation, and supervision necessary to perform in performance of this PWS. Any services involving restrictive access must be approved in advance by the proper authority of MCMWTC.

1. Special and Required Tools: The contractor shall ensure that a hose of at least 30’ is used for delivery at the lower base camp tanks as there are underground nitrogen lines that may be broken inside the fenced area.

1. Service Locations: When requested, the contractor shall replenish each tank with propane based on the Government’s estimates and tank capacity. Tanks shall be filled at a capacity of 80%. Tank locations are as follows:

Bridgeport

MCMWTC

TANK SIZE

Coleville Housing

TANK SIZE

1. Government Representitive: The GRs of the Facilities Maintenance section are shown below. The Contracting Officer is the only individualwith the authority to place TOs. The GR may arrange deliveries in accordance with the issued TOs. The GR is not authorized to make changes, or provide monetary adjustments to this agreement. The only authority that can make agreement changes is the Contracting Officer at Mountain Warfare Training Center at 760-932-1544

Facilities Maintenance Manager

Elliot Vandermaas Phone: (760) 932-1592 Email: elliott.vandermaas1@usmc.mil

Facilities Maintenance OIC

1st LT Hunt, Madalyn Phone: (760) 932-1591 Email: madalyn.hunt@usmc.mil

Facilities Maintenance Purchasing SNCOIC

SSgt Lewis, Thomas Phone: (760) 932-1595 Email: thomas.j.lewis@usmc.mil

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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.

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS--ADDENDUM

Offers shall be complete, include a Cover Sheet, & Teaming Arrangement/Joint Venture Documentation (If Applicable) and be organized into the following parts: Volume I – Price Proposal, Volume II – Technical Proposal, Volume III – Past Performance, at a minimum, offers must include the following to be eligible for award:

1. Cover Sheet with the following information:

1.1 Time specified in the solicitation for receipt of offers: Monday, April 10, 2023, 12:00 PM PST.

1.2 Company name;

1.3 Company address and remit to address if different than mailing address;

1.4 Company telephone number;

1.5 Company e-mail address;

1.6 Company point of contact(s);

1.7 SAM registration expiration date;

1.8 CAGE code;

1.9 DUNS number;

1.10 Registration confirmation for NAICS code 221210;

1.11 Acknowledge Solicitation Amendments if any;

2. Volume I: Price Proposal and any discount terms with the following information:

2.1 Submit the Standard Form (SF) 1449, with blocks 12, 17a and b, and 30a. through c. completed with an original, authorized signature and the appropriate blocks of the Contract Clauses section filled-in;

2.2 Offerors shall submit pricing on the CLIN Schedule of the SF 1449 solicitation.

2.3 Submit a copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)(2) for those representations and certifications that the offeror shall complete electronically); and

2.4 Submit all pages of each solicitation amendment(s) (SF 30) with the original solicitation documents, signed by the same official authorized to sign the SF 1449.

2.5 Pricing shall be included by annotating the unit price under each CLIN/SLIN respectively.

3. Volume II: Technical Proposals shall include the following two (2) parts: (1) Technical Approach and, (2) Quality Assurance Plan. Do not repeat the PWS or state general comments such as “Standard Procedures will be employed” within your technical proposal. Submit your technical proposal with the following information.

3.1 Part 1: Technical Approach

3.1.1 Include a narrative on how offeror plans to meet the performance objectives and submit the deliverables required by the PWS.

3.2 Part 3: Quality Assurance Plan.

4. Volume III: Past Performance Proposal with the following information:

4.1 Submit a list of no more than three (3) recent and relevant contracts performed for Federal agencies or commercial customers as a prime contractor that demonstrates the ability to successfully perform the scope and breadth of the requirements as described in the PWS for this solicitation. If you intend to use subcontractors, the Past Performance submitted, to include subcontractor, must meet the criteria listed herein.

4.1.1 RECENT. The definition of recent as related to this solicitation includes performance within the last three years from the issue date of this solicitation;

4.1.2 RELEVANCE. Offerors shall identify what elements of each contract are deemed relevant to this solicitation. Definitions of relevancy are as follows:

4.1.2.1 RELEVANT. Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires; and,

4.1.2.2 NOT RELEVANT. Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

4.2 Submit the following information for each contract submitted for past performance evaluation:

4.2.1 Company/Division name;

4.2.2 Product/Service;

4.2.3 Contracting Agency/Customer;

4.2.4 Contract Number;

4.2.5 Contract Dollar Value;

4.2.6 Period of Performance;

4.2.7 Verified, up-to-date name, address, e-mail address, telephone number of the Government evaluator, contracting officer or customer POC responsible for procuring your services;

4.2.8 Comments regarding compliance with agreement terms and conditions; and

4.2.9 Comments regarding any known performance deemed unacceptable by the customer, or not in accordance with the agreement terms and conditions, the resolution(s) implemented and results.

5. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors; failure to meet a requirement of the solicitation may result in a quote being deemed non-responsive and excluded from consideration for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale;

6. Documents submitted in response to this solicitation must be fully responsive to, and consistent with,:

6.1 Requirements of this solicitation, Government standards and regulations;

6.2 Evaluation Factors for Award;

7. All questions must be submitted by Friday, April 7, 12:00 PM PST.

8. All proposals are to be submitted with Times New Roman font, with a 10 point font size, 1 inch margin.

9. Each submitted quote shall not exceed twenty (20) pages in addition to the required signed copy of the SF1449 and all applicable amendments. The following items shall not count against the total volume page count: one (1) page cover sheet, one (1) page cover letter, one (1) page for a table of contents.

Addendum to 52.212-1(e), Multiple offers. This paragraph is deleted for this solicitation and marked “reserved.”

All of the time and date references for receipt of offers in this addendum shall be superseded by any subsequent solicitation amendments that extend the time and date for receipt of offers.

The Government reserves the right to award no agreement at all depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate proposals and award multiple agreements without requesting or accepting revised proposals. Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the proposals and hold discussions.

All proposals are to be submitted electronically as a PDF document to kyle.greene@usmc.mil.

FAXED PROPOSALS WILL NOT BE ACCEPTED

For proposals delivered by hand, offerors are advised that entry to the installation is restricted, and offerors are directed to familiarize themselves with the entry control location and process. Entry processing time is unpredictable and can be lengthy. The addressee indicated above may be able to facilitate entry processing, but is not required to do so, and inability to gain access shall not excuse late delivery.

If proposals are submitted in different formats requiring different delivery methods, the proposal of record shall be the last complete version received prior to the deadline.

For email proposals, the Government office designated for receipt of the proposal is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(f) or FAR 52.215-1(c)(3), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government’s control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 2MB. Offerors are specifically warned that email may be subjected to spam filters or attachment stripping.

All transmissions must clearly state the solicitation number and the name of the contracting officer on the first page to ensure proper receipt.

Attention is directed to FAR 52.212-1(f), concerning late submissions. Offerors are responsible for allowing adequate time for transmission to be completed. The offeror bears the risk of non-receipt of transmissions, and should ensure that all pages of the proposal (and any authorized modifications) have been received by the designated office before the deadline indicated. Pages of a transmission that arrive after the deadline will not be considered.

(End of provision addendum)

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

(a) The Government will award an agreement resulting from this solicitation to the responsible offeror whose proposal 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:

(i) technical capability,

(ii) price,

(iii) past performance.

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

52.212-2 ADDENDUM

52.212-2 EVALUATION--COMMERCIAL ITEMS--ADDENDUM

Basis for agreement- This acquisition is being conducted under FAR Parts 12 and 13. Quotes will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this Addendum. Award will be made utilizing a Lowest Price Technically Acceptable (LPTA) source selection method.

Specifically, the evaluation process shall proceed as follows:

First, the quotes will be ranked in order from lowest to highest based on the price. The lowest priced quote will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the government's minimum requirements as described in the schedule, the 52.212-1 provision, and this 52.212-2 Addendum provision. Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

Past performance will then be evaluated and assigned a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the past performance must present either a reasonable expectation that the quoter will successfully perform the required effort or that the quoter’s performance record is unknown.

If the lowest priced quoter’s Technical Capability and past performance are rated acceptable, the government will then evaluate pricing to determine fair and reasonableness per FAR sbupart 13.5.

If the lowest priced quote is evaluated to have an acceptable technical quote, acceptable past performance, and fair and reasonable prices, per FAR Subpart 8.4, the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quote.

If the lowest priced quote is assigned an unacceptable rating (either technical or past performance), or if the price is determined not fair and reasonable or if the quoter is found to be non-responsible, the next lowest priced quote will be evaluated. This process will continue (in ascending order) until a quoter is evaluated to have an acceptable technical rating, an acceptable past performance rating, fair and reasonable prices and the quoter is deemed responsible or until all quotes have been evaluated.

The Government reserves the right to evaluate all quotes.

Factor 1: Technical Capability

Each quoter’s technical capability will be evaluated as Acceptable or Unacceptable as defined below:

Technical Acceptable/Unacceptable Ratings

requirements of the solicitation.

requirements of the solicitation.

To be rated Technically Acceptable, the quoter must provide a technical approach which clearly describes how the oquoter will achieve the PWS objectives.

Factor 2: Price

In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the government) using one or more techniques set forth in FAR subpart 13.5

Quoters are advised that the Option to Extend Services Clause at 52.217-8 is included in the solicitation and will be included in the agreement. When proposing prices for base and option years, quoters should consider that the Government may choose to exercise the option to extend services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised. For purposes of evaluation, the Government will take the proposed price for the final option period, divide it by two and add it to the overall proposed price.

Factor 3: Past Performance

The Government will conduct a performance risk assessment the quoter’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 quoter's demonstrated recent (within the past three years) and relevant (similar in size and scope to the services identified in the schedule) 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 quote and data obtained from other sources.

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

Past Performance Evaluation Ratings

Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown. (See note below.)

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

Note: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

The Government reserves the right to award no agreement at all depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award multiple agreements without requesting or accepting revised quotes. Therefore, the quoters will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions.

(End of provision addendum)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

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

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) Means a…