M67400-14-T-0010.doc

Section SF 1449 - CONTINUATION SHEET

Scheduling Program Management Support

FFP

The contractor shall provide a Scheduling Program Management Specialist to perform the duties as required by the Performance Work Statement.

FOB: Destination

NET AMT

Oracle Primavera Specialist Support

FFP

The contractor shall provide an Oracle Primavera Specialist to perform the duties as required by the Performance Work Statement.

NET AMT

Lot

Travel

COST

All travel shall be conducted in accordance with the allowances, restrictions, and prohibitions contained in the latest version of Joint Travel Regulations (JTR) and the terms and conditions of this contract (See Section 7.6 of the Performance Work Statement). Costs associated with this CLIN are solely for the travel performed by the personnel filling CLINS 0001and 0002 during the performance of duties required by this contract. Estimated Travel Amount $56,250.

ESTIMATED COST

FFP

The contractor shall provide a Scheduling Program Management Specialist to perform the duties as required by the Performance Work Statement.

NET AMT

FFP

The contractor shall provide an Oracle Primavera Specialist to perform the duties as required by the Performance Work Statement.

NET AMT

Lot

COST

All travel shall be conducted in accordance with the allowances, restrictions, and prohibitions contained in the latest version of Joint Travel Regulations (JTR) and the terms and conditions of this contract (See Section 7.6 of the Performance Work Statement). Costs associated with this CLIN are solely for the travel performed by the personnel filling CLINS 1001and 1002 during the performance of duties required by this contract. Estimated Travel Amount $57,375.

ESTIMATED COST

FFP

The contractor shall provide a Scheduling Program Management Specialist to perform the duties as required by the Performance Work Statement.

NET AMT

FFP

The contractor shall provide an Oracle Primavera Specialist to perform the duties as required by the Performance Work Statement.

NET AMT

Lot

COST

All travel shall be conducted in accordance with the allowances, restrictions, and prohibitions contained in the latest version of Joint Travel Regulations (JTR) and the terms and conditions of this contract (See Section 7.6 of the Performance Work Statement). Costs associated with this CLIN are solely for the travel performed by the personnel filling CLINS 2001and 2002 during the performance of duties required by this contract. Estimated Travel Amount $58,523.

ESTIMATED COST

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

DEFENSE POLICY REVIEW INITIATIVE PLANNING GROUP

INFRASTRUCTURE AND ENTERPRISE PLANNING SERVICES

Marine Corps Air Station Iwakuni

1.0 INTRODUCTION. This is a requirement for technical and advisory support services in the Infrastructure and Enterprise Support Services Domains.

2.0 BACKGROUND. The Commander, Marine Corps Installations Pacific (MCIPAC) requires on-site contract consultants to provide technical and advisory support to the staff of the Defense Policy Review Initiative (DPRI) Integrated Program Management Office (IPMO) located at Marine Corps Air Station (MCAS) Iwakuni, Japan. MCAS Iwakuni DPRI IPMO reports directly to the Commanding Officer MCAS Iwakuni and is operationally controlled by DPRI Planning Group Marine Corps Forces Pacific. The MCAS Iwakuni DPRI IPMO is responsible for the management and oversight of present and future Marine Corps structures located in MCAS Iwakuni, Japan, including support for tenant commands and transient forces. The readiness of MCAS Iwakuni basing facilities is integral to the acceptance of the VMGR-152, CVW-5 Fixed Wing Aircraft, Fleet Readiness Center Western Pacific (FRCWP), and Commercial Aviation Operations as specified in Agreed Implementation Plans (AIPs) reached with the Government of Japan (GOJ) in support of Department of Defense (DoD) DPRI program initiatives.

3.0 SCOPE. The Contractor shall provide all labor, materials, supplies, and transportation except those specifically stated as Government furnished for the following tasks.

3.1 MCAS Iwakuni. The contractor is to provide personnel for scheduling management support and Oracle Primavera specialist support for MCAS Iwakuni DPRI IPMO in the assistance/advisement role with the Program Manager of the DPRI Program.

3.2 The Contractor is responsible for providing support services in each requirement area during the period of performance.

3.3 Associate areas of Government lead tasking and contractor support would be inclusive of the areas related to establishment of logistics, program management, project management, administrative, IT, facilities, utilities and physical security technical support related to DPRI as pertaining to the movement of U.S. Marine Corps personnel and equipment from Okinawa and Atsugi to Iwakuni and the necessary facilities and infrastructure on Iwakuni to support this move.

4.0 APPLICABLE DOCUMENTS.

4.1 DoD Joint Travel Regulation (JTR).

4.2 U.S. – Japan Alliance Transformation and Realignment for the Future, 29 Oct 2005

4.3 U.S. – Japan Roadmap for Realignment Implementation, 1 May 2006

4.4 U.S. – Japan Alliance Transformation and Realignment Oversight Panel (ATOP) 20: CVW-5 Relocation, 16 Oct 2006

4.5 U.S. – Japan Alliance Transformation and Realignment Oversight Panel (ATOP) 21: Iwakuni Master Plan, 25 Dec 2006

4.6 U.S. – Japan Alliance Transformation and Realignment Oversight Panel (ATOP) 22: Atsugi Master Plan, 16 Oct 2006

4.7 Alliance Transformation Implementation Panel (ATIP) Terms of Reference, 24 Apr 2007

4.8 United States Forces Japan (USFJ) Guidance for Alliance Transformation Projects, 29 Feb 2012

4.9 DPRI IPMO Program Management Plan (PgMP)

4.10 All security and installation regulations.

5.0 TECHNICAL REQUIREMENTS. The Contractor shall:

5.1 Assist the Government with coordination and participation in program Operational Planning Team (OPT) as required.

5.2 Provide input/recommendations on initiative composition for review and subsequent submission to Headquarters, Marine Corps (HQMC), Marine Corps Installations (MCIs), Marine Forces Pacific (MARFORPAC) Bases and Stations, and Commander, U.S. Naval Forces Japan (CNFJ) as required.

5.3 Participate in meetings, conferences and workshops, including but not limited to:

· Conception Development Conferences

· Scenario Development Workshops

· Technical Working Groups (TWG)

· Joint Strike Fighter (JSF) Site Activation Task Force (SATAF) Conferences

· Interim Progress Reviews (IPR)

· Integrated Product Team (IPT)

· Operational Planning Team (OPT)

· Initial, Midterm, and Final Planning Conferences

5.4 Perform the following for each of the above, including but not limited to:

· Provide recommendations to the overall assessment and conceptual detail of the event.

· Assist in proposing a Plan of Action and Milestones.

· Generate recommended courses of action (COAs).

· Review the action plans, briefs, and other support documentation, and provide opinions on each.

· Support the complete turnover of the project from the contractor to DPRI IPMO, including a detailed standard operating procedures (SOP) and guidance that will help institutionalize MARFORPAC DPRI, MARFORPAC, and HQMC policies and other Governmental regulations.

· Identify, document, and track issues until they are resolved, adjudicated, or transferred to another party.

5.5 Scheduling Management Support

5.5.1 Maintain a master program schedule for 160+ interrelated facility construction projects of varying complexity.

5.5.2 Perform all tasks related to the creation and maintenance of the master schedule to include: planning and documenting schedule management, define activities, sequence activities, identify activity resources, estimate or define activity durations, create dependencies between and among various activities and/or whole projects within the overall program, determine type of dependencies, define critical path of each project and overall program as a whole, perform resource leveling, identify leads and lags, and identify float (free float and total float) within individual projects and overall program.

5.5.3 Work with project managers to identify various schedule parameters of their individual projects.

5.5.4 Relate Marine Corps and Navy operational objectives regarding Initial Operational Capability (IOC) and Full Operational Capability (FOC) to management and analysis of the program schedule.

5.5.5 Analyze externally generated project and program schedules provided by both US Government and Government of Japan (GOJ) and incorporate data as necessary into the master program schedule.

5.5.6 Analyze and control master program schedule and develop various reports such as: earned value management (EVM) metrics, Variance analysis, resource loading, what-if scenario analysis, and schedule compression techniques.

5.5.7 Collect project schedule information from various sources in order to maintain an accurate program schedule, provide detailed analysis of the project schedule to assess real and/or estimated impacts to timeline and prepare reports and presentations on the program schedule.

5.5.8 Assist the program managers in leveraging the program schedule to coordinate program activities.

5.6 Oracle Primavera Specialist Support

5.6.1 Assist Scheduling Program Manager in performing all tasks related to maintaining the master program schedule.

5.6.2 Perform data collection, entry and analysis using Oracle Primavera software.

5.6.3 Collection and entry of actual (start/finish) schedule information into the master program schedule to assist in analyzing planned versus actual EVM metrics.

6.0 DELIVERABLES

6.1 Ensure deliverables meet professional standards and the requirements as set forth in the Performance Work Statement (PWS).

6.2 Submit written deliverables in hardcopy and electronic form in Microsoft Office compliant format (e.g. Word, Excel, PowerPoint, etc.).

6.3 Provide weekly status report by 0800 Monday (Tuesday if Monday is a holiday). The Contractor shall update the weekly status report of the accomplishments, plans of actions, outstanding tasks, problems encountered, solutions, recommendations for process improvements regarding assigned tasks, and future or projected tasks or issues via the DPRI IPMO SharePoint website. The contractor shall be responsible for all content contained in the status report and for the quality and accuracy of the information.

6.4 Provide weekly input/briefings at the DPRI IPMO staff meetings. Briefing input shall include, but not be limited to, program dashboards, upcoming events based on the program schedule and issue log, as well as overdue/critical issues from the issue log.

6.5 Generate and provide analysis, reports, and briefings as required.

6.6 Trip Reports (electronic) shall be in sufficient detail to identify dates, locations, points of contact, attendees, directions received, and areas of concern and salient items of interest identified at meetings for all trips. All minutes or trip reports shall be submitted to the Contracting Officer’s Representative (COR) within three (3) working days of completing the Government approved trip.

6.7 Prepare a work plan no later than 30 days after contract award. The work plan shall include a schedule of all activities for all tasks: the content, format and suspense for products to be delivered to the Government. The Contractor shall update the work plan to reflect current Government requirements, products, and effort as required or upon request of the COR. The Contractor shall submit updated work plans to the COR.

6.8 All data, minutes, memorandums, reports, miscellaneous correspondence generated as a result of this contract shall be turned over to MCASI DPRI IPMO Program Director upon completion of this requirement. The deliverables are the sole property of the Government and are not subject to disclosure.

6.9 The Government reserves the right to request updates on all deliverables on an as needed basis.

6.10 Monthly Status Reports

6.10.1 The Contractor shall produce Monthly Status Reports (MSRs) to the COR. Reports shall include at a minimum, an executive summary, identify team personnel, skill levels, schedule tracking, any issues, recommendations, and updates/changes. The MSR shall provide information on work completed, work in progress, work outstanding, as well as highlighting problems encountered and anticipated. It shall also include a complete and accurate master program schedule as an appendix to the report and posted on DPRI IPMO SharePoint.

6.10.2 Draft deliverables for the MSR shall be submitted five (5) working days following the beginning of each month. The Government shall respond within five (5) working days with comments. The Contractor shall incorporate the comments within five (5) working days. For final deliverables, the Government shall either accept or reject them within five (5) working days of submission.

6.10.3 In the event of rejection, the Government shall notify the Contractor in writing of the reasons for such rejection. Absence of notification shall be construed as an acceptance.

6.10.4 The Contract may be responsible for producing and delivering items such as; reproductions, reports, multimedia training materials, user guides, and manuals.

7.0 SUPPORTING INFORMATION

7.1 PERIOD OF PERFORMANCE. The Period of Performance (POP) will begin one month after award announcement. The anticipated POP is 1 April 2014 to 31 March 2015, with two (2) 12 month options periods.

7.2 PLACE OF PERFORMANCE. MCAS Iwakuni, Japan.

7.3 HOURS OF OPERATION. The Contractor shall be expected to provide services during normal Government work hours. Normal Government work hours are between 0730-1630 Monday through Friday. The COR shall address the specific working hours after award of the contract. There may be the need for occasional work outside of normal Government working hours.

7.4 Contractor Qualifications and Specialized Experience. Each position shall have:

7.4.1 General Knowledge:

7.4.1.1 Detailed knowledge of, and skill related to the drafting of executive level correspondence following SECNAVINST 5216.5D Navy Correspondence Manual and the management of programs involving executive level participants.

7.4.1.2 Knowledge of the overall mission, organization, functions, capabilities, administration, and operations of the Marine Corps.

7.4.1.3 Knowledge and skill in program assessment techniques related to resource allocation, risk management, performance metrics and project execution.

7.4.1.4 Advanced skills in all types of effective communication. Shall have excellent communication skills, both written and oral, as well as customer service skills due to daily interaction with various levels of rank, authority, positions, both military and civilians.

7.4.1.5 Shall be computer literate, skilled in Microsoft Office applications such as Microsoft Word, Excel, and PowerPoint. Able to develop business correspondence such as memos, letters, and email. Able to develop spreadsheets, slides and various presentations in a highly professional format when needed.

7.4.1.6 Thorough understanding of Japanese Host Nation Funded Construction (HNFC) processes in the execution of the DPRI Program as described in the PWS references.

7.4.1.7 Experience in bilateral negotiation with Government of Japan representatives is preferred.

7.4.2 Specific Requirements for the Scheduling Program Manager (PWS 5.5)

7.4.2.1 Extensive knowledge and experience using Oracle Primavera Enterprise Project Portfolio Management (EPPM) software.

7.4.2.2 Extensive knowledge of project and program management principles, especially as they apply to program scheduling.

7.4.2.3 Extensive previous experience in the creation and management of project and program schedules.

7.4.2.4 Experience working with senior level executive stakeholders for the purpose of communicating program schedule and developing enterprise solutions relevant to program synchronization.

7.4.3 Specific Requirements for Oracle Primavera Specialist (PWS 5.6.5)

7.4.3.1 Extensive knowledge and experience using Oracle Primavera EPPM software.

7.4.3.2 Ability to expertly perform data collection, entry and analysis of program schedule metrics using Primavera.

7.5 GOVERNMENT FURNISHED PROPERTY. The Government shall provide the following:

7.5.1 Work area including a desk, computer equipment, phone, and office supplies as required for each Contractor position. The Government networks are not authorized to load software that has not been approved. The approved software package provided on the Government computers are standard office software such as Microsoft Office Word, Excel, PowerPoint, Outlook, Roxio Digital Media, and Adobe.

7.5.2 Local and long distance telephone service for official business only.

7.5.3 Internet access, network access, and access to web-based applications and databases used routinely in the performance of the position.

7.5.4 Common Access Card (CAC): The Contractor may apply for a Common Access Card (CAC), United States Department of Defense (DoD) integrated circuit card issued as standard identification for access to the MCAS-I LAN providing Internet connection and an e-mail account (s) for business purposes as an unclassified user. Government CAC’s issues in support of this Task Order shall be returned to the Government upon competition of the period of performance.

7.5.4.1 Requirements for Issuance of a CAC The following conditions must be met prior to issuance of a CAC to any contractor employees for limited privilege/non privileged access:

-The SOFA status of the employee shall be verified, and approved by the office of Staff Judge Advocate (SJA).

-The Contractor shall be registered in the Contractor Verification System (CVS) with a valid record of security clearance (background check) on Joint Personnel Adjudication System (JPAS). The CVS is conducted at the Command Suite in the Protocol office, Tel No. DSN 315-253-4211, Bldg #1.

-The Contractor shall obtain proof of security clearance (background check) on JPAS at Command Suite in the Protocol office, Tel No. DSN 315-253-4211, Bldg #1.

-When applying for a CAC, the Contractor shall show two original forms of Identification and submit 1) contract document, 2) passport [reviewed by SJA office and SOFA stamp required], 3) letter of employment, 4) letter of authorization from the Contracting Officer [as applicable], and 5) a valid record of JPAS (proof of background check).

All Contractor employees assigned to work in Iwakuni shall have an active clearance/background check or must have initiated a background check before coming to Iwakuni.

NOTE: Prior to applying for CVS, the Contractor’s personnel must initiate a background check on JPAS at the Security Management Office and a record of JPAS enrollment verification (e-mail) must be submitted to a Trusted Agent (TA) at dave.garber@usmc.mil

7.6 TRAVEL COSTS. The Contractor shall be required to travel. This shall be a cost-reimbursable contract line item number. All travel costs shall be in accordance with the Joint Travel Regulations. The only travel reimbursed on this contract is the travel performed by the contractor’s employees assigned to work directly on this contract. All travel shall be pre-approved by the COR. Any travel performed and not pre-approved by the COR, shall not be reimbursed. Any travel performed by the Contractor’s management team, for any purpose, will not be reimbursed.

7.7 SECURITY CLEARANCES. Access to classified data/information up to and including SECRET shall be required in the performance of this work. All personnel directly supporting this contract shall have at least a SECRET security clearance prior to starting work and shall maintain the security clearance throught the period of peroformance. A DOD Contract Security Classification Specification, form DD 254, shall be issued with this contract.

7.8 RESUMES. After contract award the contractor shall submit resumes for personnel identified to support this contract. These resumes shall be approved by the Government prior to the contractor’s employees deploying to Iwakuni. This applies to the initial start of the contract as well as contractor turnover experienced during the contract period of performance.

7.9 HOLIDAYS. All or a portion of the effort under this contract shall be performed on a Government installation. For purposes of scheduling personnel, the Contractor is hereby advised that the Government installation shall observe the following holidays. The Contractor is further advised that access to the Government installation may be restricted on these holidays:

HOLIDAY

OBSERVANCE

New Year’s Day

1 January

Martin Luther King Jr. Birthday

3rd Monday in January

President’s Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veteran's Day

11 November

Thanksgiving Day

4th Thursday in November

Christmas Day

25 December

7.10 PERFORMANCE EVALUATION. The Contractor shall be evaluated in accordance with the Government’s Quality Assurance Surveillance Plan (QASP) (See Attachment 1).

7.11 DEFINITION AND ACRONYMS

7.11.1 Contracting Officer (KO). The KO is the only person who can bind, limited to the extent of the authority delegated by the head of the agency, the United States Government to a contract that is greater than the Micro-Purchase threshold. The KO enters into, administers, or terminates contracts and makes related determinations and findings.

7.11.2 Contracting Officer’s Representative (COR). The COR is an individual who is designated and authorized in writing by the contracting officer to perform specific technical or administrative functions on contracts or orders.

7.11.3 Acronyms.

QUALITY ASSURANCE SURVEILLANC PLAN

FOR

DEFENSE POLICY REVIEW INITIATIVE PLANNING GROUP

INFRASTRUCTURE AND ENTERPRISE PLANNING SERVICES

MCAS Iwakuni

INTRODUCTION

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing this Performance Work Statement (PWS). It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective in the PWS in the contract.

The QASP provides a systematic method to evaluate the services the contractor is required to furnish.

This QASP is based on the premise the Government desires to maintain a quality standard in supporting, providing recommendations, addressing planning and budgetary needs, and that a service contract to provide the service is the best means of achieving that objective.

The contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved.

In this contract the work plan and the monthly status report is the driver for quality product. The contractor is required to develop a comprehensive program of activities for all tasks for each management area. The first major step to ensuring a “self-correcting” contract is to ensure that the work plan approved at the beginning of the contract provides the measures needed to lead the contractor to success.

Once the work plan is approved, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

Table 1: PERFORMANCE REQUIREMENTS SUMMARY (PRS)

< 5% rejection rate of all formal deliverables submitted under the performance provisions of the contract;

<10% rejection rate of draft submissions.

< 5% rejection rate of all formal deliverables submitted under the performance provisions of the contract;

<10% rejection rate of draft submissions.

CPARS report (positive or negative)

SURVEILLANCE: The Government Contracting Officer’s Representatives (CORs) will monitor the contractor’s work or will receive complaints directly from the designated Government Point of Contact (POC) for that specific management area.

STANDARD: Timeliness of the reports and plans shall not exceed the thresholds cited above for each performance standard. The COR shall notify the Contracting Officer for appropriate action in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 1997) or the appropriate Inspection of Services clause, if any of the above service areas exceed the thresholds.

SOFA IWAKUNI

STATUS OF FORCES AGREEMENT APPLICABLE INFORMATION

The Contractor shall be responsible for ensuring personnel performing under this contract obtain the necessary exit/entry visa permits to perform work in the Country of Japan. Upon request, the Contractor shall provide proof of status by presenting visa documents.

Contractor personnel and their authorized dependents who are U.S. citizens may apply for Status of Forces Agreement (SOFA) status as necessary for the execution of this contract. The determination of SOFA Status is processed by the Office of the Staff Judge Advocate, Marine Corps Air Station Iwakuni to Commander, United States Forces Japan (COMUSJAPAN). The Contractor shall be responsible for submitting necessary paperwork to the Office of the Staff Judge Advocate for determination of designation of SOFA status.

Contractor employees will be subject to all U.S. criminal law, Japanese criminal law, U.S. Forces regulations, and directives pertaining to civilian component personnel within the country. Privileges are further limited to the following:

· Entry into and exit from Japan as "exempt personnel."

· Exemption from certain taxes, customs restrictions and immigration regulations.

· Government furnished SOFA-status ID pass/badge and car pass for the incumbent.

· Purchasing privileges that authorize purchases at the Defense Commissary Agency (DECA) facilities.

· Use of Marine Corps Exchange facilities and concessions. This includes purchase of petroleum and oil products.

· Use of Marine Corps Community Services (MCCS) facilities. This includes "Officer's Open Mess" (club) membership, The determination of SOFA Status is processed by the Office of the Staff Judge Advocate, Marine Corps Air Station Iwakuni to Commander, United States Forces Japan (COMUSJAPAN)., as determined by each respective club, including access to all recreational activities (gyms, golf course, pools, etc.).

· Use of the Kintai Inn. Kintai Inn shall be used prior to utilizing the MCCS Temporary Lodging Facility (TLF).

· Military Postal Service support on a space available basis.

· Use of Military Banking Facilities.

· Contractor use of Government vehicles from a scheduled pool of vehicles, for official use during working hours, limited to meeting the requirements of use and the availability of vehicles. The contractor is responsible for providing transportation to and from work.

· Contractor ability to obtain a privately owned vehicle (POV) operator's license, termed “SOFA license” and registration of a POV.

· Routine medical and dental care to be provided on a reimbursable basis. Additionally, employees other than U.S. citizens are entitled to emergency medical treatment at medical facilities for injuries incurred while performing their duties under contract.

· Utilization of casualty assistance (mortuary services) on a reimbursable basis.

· Department of Defense Education Activity (DODEA) Elementary and Secondary Education Facilities on a space available, tuition-reimbursable basis.

A breech of regulations and directives and/or withdrawal of any or all of these privileges by the Office of the Staff Judge Advocate for reasons cited, will not affect nor constitute grounds for delay in or nonperformance of any portion of any contract, nor will such action form the basis for any claim against the U.S. Government, based upon the contract or any portion thereof.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2015

31-MAR-2015

31-MAR-2015

31-MAR-2016

31-MAR-2016

31-MAR-2016

31-MAR-2017

31-MAR-2017

31-MAR-2017

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(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 $3,000 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.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

1) Technical

Subfactor A) Technical Approach (Task Understanding) Subfactor B) Staffing Approach and Labor Mix Qualifications/Certifications/Experience Subfactor C) Processes and Procedures/ Quality Control

2). Past Performance: Six Past Performance subfactors

(a) Quality of Service,

(b) Timely Performance,

(c) Business Relations,

(d) Management Effectiveness,

(e) Compliance with Environmental, Safety, Health, and Security Requirements, and

(f) Offeror’s Contractual Considerations

3) Price, the Government will evaluate the Offeror’s overall cost/price for price fair and reasonableness.

Pricing of CLINs will be evaluated by the Contracting Officer for price reasonableness using price analysis techniques in the FAR. Option pricing will be evaluated and included as a part of evaluations, and it shall include the six month extension of services clause.

(b) The Government will make an integrated assessment best value award decision considering an Offeror’s technical proposal, past performance, and the price for the requirement. Technical Approach, Past Performance, and Price are the only evaluation factors for award. For the non-price factors (Technical Approach and Past Performance), Technical Approach is more important than Past Performance. Of the three Technical Approach subfactors: (a)Technical Approach (Task Understanding), (b) Staffing Approach and Labor Mix Qualifications/Certifications/ Experience, and (c) Processes and Procedures/Quality Control, Subfactor (a) is more important than Subfactor (b) and Subfactor (b) is more important than Subfactor (c). The six Past Performance subfactors are of equal importance. The non-price factors combined are more important than Price. Offerors must receive a combined overall rating of “Acceptable” or higher for the non-price factors of Technical and Past Performance to be considered for award.

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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…