Solicitation.pdf

SUBMISSION OF OFFERS

The Offeror is required to submit the following as part of its Quote:

PLEASE NOTE FAILURE TO SUBMIT ANY OF THE INFORMATION REQUIRED BY THIS SECTION

MAY RESULT IN A NON-RESPONSIVE DETERMINATION:

(X) SF1449 (Solicitation M67400-16-T-0043) completed.

(X) SF30 Amendment (s) (if applicable) signed.

(X) One copy of Offeror’s current audited Balance Sheet and Income Statement.

(X) Offeror Representations and Certifications FAR 52.209-5, FAR 52.212-3 ALT I, DFARS 252.209-7991 completed

(X) Offeror shall submit three (3) separate volumes:

Volume I shall contain all the required technical information. The Offeror shall submit one (1) original copy and one (1) redacted copy (The redacted version is used during the technical evaluation and therefore;

it should be without company logo, identifying marks and names must be redacted. Failure to provide a redacted copy may result in a non-responsive determination. The Government will validate Offeror’s redacted company information but will not make changes to the Offeror’s provided redacted proposal either to add or delete redacted text/graphics/etc.).

1) Technical Capability: The Offeror’s quote shall contain all documentation of their technical capability which demonstrates a clear understanding and ability to execute all PWS requirements. The offeror shall provide the following:

Subfactor A. Prime Contractor's Qualification: The prime contractor shall be firefighter training institution accredited by IFSAC or DoD Fire & Emergency Services Accreditation Program with the

Discipline of Fire Firefighter.

Subfactor B. Resumes of Instructor’s Qualifications: Lead Instructors shall have a minimum of one (1) year training experience to conduct IFSAC or ProBoard Fire Fighter.

Subfactor C. Proposed Class Schedule: Proposed daily schedule of instruction with classes to start no later than 30 September 2016. Preferred start date 19 September 2016

3) Past Performance Information List: (See Attachment 1.)

Offerors are directed to provide relevant and recent contarct and subcontract references on the Past

Performance Information List on no more than five (5) of the Offeror’s most recently completed, or currently on-going, Federal Government or Commercial contracts, not to exceed 3 years since completion for like or similar services to those to be provided under this RFQ. Offerors may submit performance data regarding current contract performance.

The offeror has both the duty and discretion to determine which of its prior contracts are most relevant to the currently described requirements. However, the offeror should consider that the Government shall give special attention to past performance relating to the United States Federal Government. Commercial contracts will be considered.

The offeror may also submit relevant contracts performed by subcontractors that will perform under this contract, but under no circumstances may an offeror submit more than five (5) contracts for review, regardless of whether the contracts were performed by the offeror, subcontractor(s), or any combination thereof. Any submission(s) in excess of this stated limit will be excluded by the Government. The

Government will choose the excluded contract(s) at random, or in any manner that the Government, in their absolute discretion, deems appropriate, without any consideration for the best interests of the offeror. If subcontractor contracts are submitted, the offeror must also clearly indicate the percentage of work that the subcontractor(s) performed under each task/category of effort throughout the course of the contract.

If the offeror possesses no relevant past performance, it should affirmatively state this fact in the Past

Performance Information List. Failure to submit the completed Past Performance Information List shall be considered certification (by signature on the offer) that the offeror has no past performance for like or similar items for the Government to evaluate.

Volume II- (Price) shall contain all the pricing information, to include a copy of the Offeror’s Audited

Balance Sheet and Income Statement. Only one (1) original copy shall be submitted.

This Volume shall contain the information requested below and shall include a copy of Section SF1449 –

CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices and for evaluation purposes, the Total Prices filled in (Supplies and/or Services and Prices and/or Costs) using the estimated quantities value in the solicitation.

Example of SF1449 continuation sheet that requires information.

ITEM NO SUPPLIES/SERVICES QUANTITY U

N

I

T

UNIT PRICE AMOUNT

0001 Firefighter Training 1 ******* *******

FFP

Provide training and certification testing for Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness and Hazardous Materials Operations.

Certification shall be Pro-Board or International Fire Service Accreditation

Congress (IFSAC) in accordance with NFPA 1001 and NFPA 472.

Performance will be conducted in accordance with the Performance Work

Statement.

FOB: Destination

NET

AMT

******* These are items that are to be filled in on the SF1449 continuation sheets for each CLIN found on the solicitation.

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Pricing/Cost Proposal consisting of a total cost to include a summary breakdown of:

a) Proposed labor categories

b) Labor rates

c) Estimated labor hours based on the technical approach

d) Materials and other estimated costs for the effort

e) Any other miscellaneous expenses

The following table is provided for informational purposes only and contains the Government’s estimate with regard to the labor categories and hours required for successful performance. Although the

Solicitation CLIN Structure mirrors these labor categories, the Offeror shall outline any modified title(s) and number(s) for each labor category and hours proposed to support this requirement in Price of its proposal.

Volume III- (Offeror’s Representations and Certifications) shall contain all information regarding

Offeror’s Representations and Certifications or a validation that System for Award Management (SAM) registration Online Representations and Certifications Application (ORCA) information is up to date and includes all the necessary representations and certifications. Only one (1) original copy shall be submitted for Volume III.

(X) Offeror Representations and Certifications FAR 52.209-5, FAR 52.212-3 ALT I, DFARS

252.209-7991 completed

Quote Format. Offerors shall prepare and submit their quotes as set forth in Table 1. The titles and contents of the sections are defined in Table 1 of this document, all of which shall be within the required page limits (including all attachments, figures, etc.) and with the number of copies specified in the table. An electronic copy of all documents

(technical and price) shall be submitted. Quotes shall be prepared using “Arial” or “Times New Roman” 11-point or larger font style on 8½ x 11 inch. Tables and illustrations may use a reduced font style, not less than 8 point.

Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Offerors should ensure that each page provides identification of the submitting Offeror in the header or footer.

Table 1 – Required Format for RFQ

Volume Title

Maximum

Number of pages Format for document

I

1 Original / 1 Redacted

Technical Proposal 50 MS Word or pdf

I

Past Performance

Information List As required MS Word or pdf

II Price Proposal As required

MS Excel spreadsheet format

III

Offeror’s Representations and Certifications As required MS Word or pdf

Note to Offerors:

Offerors are required to submit complete quotes (Technical, Past Performance, and Price quote) no later than the solicitation closing date and time (15 Aug 2016, 11:00 PM (Local Japan Standard Time), 15 Aug

2016, 10:00 AM (Eastern Standard Time). All and any communications/questions (with the exception of the proposal/quote) pertaining to this solicitation must be submitted in writing to the responsible Contracting

Specialist, Manabu Mitomi, no later than 4 Aug 2016, 5:00 PM (Local Japan Standard Time), 4 Aug 2016, 04:00 AM (Eastern Standard Time). If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contract Specialist in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.

Point of Contact:

Marine Corps Regional Contracting Office

Marine Corps Installations Pacific

Attn: Manabu Mitomi

Camp SD Butler

PSC 557 Box 2000

FPO AP 96379-2000

Phone: 011-81-98-970-1504 (from U.S.) / 098-970-1504 (Local)

Fax: 011-81-98-970-0969 (from U.S) / 098-970-0969 (Local)

E-mail: manabu.mitomi.ja@usmc.mil mailto:manabu.mitomi.ja@usmc.mil

Offers may be submitted by courier, facsimile, or e-mail. Facsimile offers are subject to the same rules as paper offers. The Government reserves the right to make award solely on the offers received or enter into “discussions”.

Offerors bear the burden of ensuring that offers (and any authorized modifications) reach the designated office on time and should allow a reasonable time for facsimile transmissions to be completed.

Offers may be submitted electronically (emailed); however, due to government computer firewall security, please be advised that it is the Offeror’s responsibility to ensure that the Contracting Office receives all required documents.

All pages of the offer must reach the office before the deadline specified on the solicitation. Pages of a facsimile transmission that arrive in the office after the specified deadline will be marked as late. The Offeror bears the risk of non-receipt of facsimile transmissions and should confirm by telephone that any facsimile was received. Any facsimile transmission must clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt.

Offeror’s expenses incurred as a result of proposal preparation and/or site visit attendance shall not be reimbursed by the U.S. Government.

Contractor’s must possess a Japanese business license or otherwise have authorization to perform services in Japan in accordance with DFARS 252.225.7042 Clause entitled, “Authorization to Perform.” If the Offeror is not authorized to do business in Japan, its employees may still be authorized to perform the required services under

Article I (b) of the Agreed Minutes to the Treaty of Mutual Cooperation and Security, Status of Forces Agreement

(SOFA) upon approval from the Contracting Officer.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Firefighter Training

FFP

Provide training and certification testing for Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness and Hazardous Materials Operations. Certification provided shall be Pro-Board or International Fire Service Accreditation Congress

(IFSAC) in accordance with NFPA 1001 and NFPA 472. Performance will be conducted in accordance with the Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: M02209-16-RC-00735

NET AMT

PERFORMANCE WORK STATEMENT (PWS)

FOR

FIREFIGHTER I AND II CERTIFICATION TRAINING

MCAS IWAKUNI FIRE AND EMERGENCY SERVICES PERSONNEL

1. General:

The purpose of this contract is to provide International Fire Service Accreditation Congress (IFSAC) or Professional

Qualifications Board (ProBoard) accredited firefighter certification training to personnel employed by the MCAS

Iwakuni, Japan Fire and Emergency Services Division. This training is required to ensure compliance with

Department of Defense and National Fire Protection Association (NFPA) standards.

1.1. Scope of Work:

The contractor shall provide qualified instructor personnel, material, equipment, tools, course training manuals, and handouts for the purposes of completing an accredited Firefighter I and II with Hazardous Materials Awareness and

Hazardous Materials Operations training curriculum. The Government will provide fire apparatus, hand tools and projector for field and/or classroom training sessions. The training must adhere to NFPA 1001, Standard on

Firefighter Professional Qualifications (2013 Ed.). The training package shall result in the issuance of an IFSAC or

ProBoard accredited professional certification to each student who successfully completes the course. The instructional staff shall be composed of enough instructors to facilitate training for 28 personnel.

1.2 The Fire Fighter Level I and II and Hazardous Materials Awareness and Hazardous Materials Operations courses shall be taught consecutively. Level I course shall be conducted first and Level II course shall be conducted after Level I course is completed followed by the Hazardous Materials Awareness and Hazardous Materials

Operations courses.

1.3 Expected length of service is 35 consecutive working days, or seven (7) weeks. Period of performance is

September to November 2016.

2 Contractor’s Qualification:

2.1 The contractor shall be an accredited firefighter training institution capable of providing IFSAC or ProBoard accredited firefighter certifications.

2.2 The contractor shall provide an instructional staff of which each member possesses a minimum of one (1) year experience conducting firefighter training in an IFSAC or ProBoard accredited entity.

3. Security Requirements:

3.1 The principal place of performance will be Marine Corps Air Station, Iwakuni, Japan. The contractor and employees must comply with all security requirements imposed by the local installation commander at all times while on this military installation.

3.2 Base Passes: The Contractor will coordinate with the Contracting Officer’s representative for base passes for all contractor personnel. If Post Passes are issued they will be turned into Pass and ID prior to the individual leaving the country.

3.3 Working Hours: Work to be performed under this contract shall be performed between the hours of 0730 and

1630, Monday through Friday, excluding Saturdays and Sundays. Class will be held on Columbus Day holiday.

3.4 Typhoon Readiness: The Contractor shall depart military bases when Tropical Cyclone Condition of Readiness

(TCCOR) 1 Caution (TC-1C) is declared by Military Weather Station authorities. The Contractor shall monitor radio/television until it changes to TCCOR Storm Watch (TC-SW). When TC-SW is declared by Military Weather

Station authorities, the Contractor shall restart service within 2 hours or in case when TC-SW is called after normal working hours, services shall begin the next normal workday 07:30.

3.5 Environmental Control: The Contractor shall perform all work under this contract in an environmentally safe manner. All Contractor’s performance shall be IAW current US and Japanese environmental laws and regulations.

The COR will ensure that any environmental regulations are provided to the Contractor and facilitate compliance.

3.6 Safety Requirement: The Contractor is responsible for ensuring that all work performed under this contract are accomplished in a safe and proper manner.

3.6.1 Safety Plan: All contractual performances shall be processed in strict accordance with National Fire

Protection Association (NFPA), The National Institute for Occupational Safety and Health (NIOSH), and other applicable documents listed in paragraph 6.

3.6.2. During any skills training sessions, a safety plan will be developed and submitted to the COR for evaluation. The safety plan will provide controls for the reduction of risk IAW NFPA 1500 (2015).

4. Definitions

4.1 Contracting Officer (CO): US Government official authorized to enter into, make changes to, or terminate contracts on behalf of the US Government. Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

4.2 Contracting Officer Representative (COR): Government liaison appointed in writing by the Contracting

Officer and designated in the contract, who functions as the requirements representative monitoring cost/price, delivery and performance of the Contractor. The COR is not authorized to enter into any agreements, obligate the Government or direct any changes to the contract.

4.3 Defective Service: A service output that does not meet the standard of performance specified in the contract for that particular service.

4.4 Government Furnished Property (GFP): Property in the possession of, or directly acquired by, the

Government and subsequently made available to the Contractor.

4.5 Quality Assurance (QA): Various functions, including inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

4.6 Quality Assurance Surveillance Plan (QASP): This Quality Assurance Surveillance Plan (QASP) is to be used as a guide by a Contracting Officer Representative (COR). It provides a systematic method to evaluate the services the Contractor is required to provide. The surveillance/evaluation methods identified in the QASP, in concert with the Contractor’s quality control procedures will assure the Government of satisfactory performance.

4.7 Quality Control (QC): A complete Quality Control outline that meets the requirements of the contract shall be provided by the Contractor to illustrate how the company will ensure they conform to the contract requirements.

4.8 Performance Requirement Summary (PRS): A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the standards of the listed outputs.

4.9 Standard: The point that divides acceptable and unacceptable performance of a task according to the

Performance Requirement Summary. It is the number of defectives or maximum percent defective in the lot that is deemed acceptable.

5. Government-Furnished Facilities and Utilities:

5.1 The Government shall provide a suitable learning environment for curriculum delivery.

5.2 The Government shall provide an fire department training room, live fire trainer and firefighting equipment to perform both written and performance (field) evaluation testing.

5.3 The Government shall provide all students with the appropriate personal protective equipment.

5.4 SERVICES

5.4.1 Utilities The Government will provide utility services which include water, sewage service, electricity, heating and air conditioning as needed in performance of this contract.

5.4.2 Military Police and Fire Protection: The Contractor shall use the following numbers listed below only in case of an emergency:

Emergency Provost Marshall Fire Protection Safety Office

911 911 253-1128 253-6381

• Off-Base access to on-base operator assistance: 0827-21-7700 or 0827-21-4213

5.4.3 Damage to Government Property and Facilities: In instances where Government property or facilities have been damaged by the Contractor, the Contractor shall submit a written report to the Contracting Officer, regarding the facts and extent of damages within 24 hours following the incident. In the event the

Contractor is found to be negligent, the Contractor shall be held responsible for the reimbursement of all expenses related to the damages incurred by the Government to repair facilities.

5.4.4 Contractor Equipment: It is the responsibility of the Contractor to ensure it has the necessary equipment needed for the successful completion of all work performed under this contract. The Contractor is responsible for its own transportation/vehicle for camp to camp travel in the performance of services under this contract.

5.4.5 Contractor Furnished Personal Property: The Contractor shall ensure that personal property is clearly marked and/or tagged to preclude misidentification as Government property. The Government will not be liable for loss, damage, theft, or maintenance of personal property.

5.4.6 Rental Equipment: Any rental equipment required to perform services will be the responsibility of the

Contractor. Operation of the equipment shall be in accordance with Marine Corps Base Safety Regulations.

6. The Period of Performance: The contractor shall provide training from XX XXX 2016 to XX XXX. 2016 TBD

7. Requirements: The contractor shall be responsible for the following:

7.1. All costs of employment and travel for contractor personnel in support of this contract.

7.2. All manuals and handouts necessary for the conduct of training and subsequent evaluation.

7.3. Certification testing and administrative processing of certifications.

7.5. Japanese interpreter during the course of instruction. Translator will provide word for word translation both from the Instructors to the Student as well as translating Student questions back to the instructor. This will include any questions pertaining to written training materials.

8. Applicable Documents:

8.1. The following documents are applicable to this requirement:

8.1.1. Department of Defense Instruction (DoDI) 6055.6 – DoD Fire and Emergency Services Program

8.1.2. National Fire Protection Association (NFPA) 1001 (2014), Standard on Firefighter Professional

Qualifications.

9. Performance Requirements Summary (PRS) The Government will evaluate the contractor’s performance

IAW the Performance Requirements Summary (PRS) table.

Performance Requirements Summary Table

Performance Objective

PWS

Reference Standard

Acceptable

Quality

Level

Method of

Surveillance Remedy of Failure

Conduct Firefighter I/II certification training.

1.1

IAW NFPA

1001 (2015) 100%

COR verification of accreditation and observation.

N/A

Provide all required materials, equipment, tools, personnel, supervision and transportation

IOT conduct training

1.2

IAW NFPA

1001 (2015) 100%

COR verification of accreditation and observation.

Contractor acquires necessary materials, etc.

Provide certification testing and administrative processing 7.4

IAW NFPA

1001 (2015) 100%

COR verification of accreditation and observation.

Contractor provides required testing and administrative processing.

Safety Plan 3.7.1

IAW NFPA

1500 (2015) 100%

COR verification of safety compliance

Stop training and reassess safety plan.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-7 Anti-Kickback Procedures MAY 2014

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-8 Annual Representations and Certifications APR 2016

52.204-13 System for Award Management Maintenance JUL 2013

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.211-11 Liquidated Damages--Supplies, Services, or Research and

Development

SEP 2000

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (APR 2016) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.213-1 Fast Payment Procedure MAY 2006

52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JUL 2013

52.233-1 Disputes MAY 2014

52.233-2 Service Of Protest SEP 2006

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.252-2 Clauses Incorporated By Reference FEB 1998

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition

Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

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

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

Award will be made to the responsible offeror submitting the Best Value Lowest Priced, Technically Acceptable

(LPTA) offer that satisfies all terms and condition of the solicitation. The following ratings will be used in evaluating all non-price technical factors and subfactors.

Acceptable Proposal clearly meets the minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

All Technical factors and subfactors shall be evaluated on an acceptable or unacceptable basis. A rating of unacceptable for any factor will result in technically unacceptable rating. Failure to provide documents addressed below will result in a rating of “Unacceptable”.

FACTOR I. Technical Capability (Contractor’s Personnel Qualification): All two (2) subfactors for the proposed person's qualification identified below;

Subfactor A. Prime Contractor's Qualification: The prime contractor shall be firefighter training institution accredited by IFSAC or DoD Fire & Emergency Services Accreditation Program with the Discipline of

Fire Fighter.

Subfactor B. Key Personnel Qualification: Instructor shall have a minimum of one (1) year training experience to conduct IFSAC or ProBoard Fire Fighter within the last three (3) years.

*Failure to provide the above required copy of Subfactor A and Subfactor B will result in a rating of

“Unacceptable”.

FACTOR II. Past Performance: The past performance factor considers the Offeror’s demonstrated recent and relevant record of performance in supplying services that meet the contract requirements. Past performance will be evaluated on an acceptable/unacceptable basis. Offerors are required to identify contracts, both commercial and Government contracts for the same or similar service. The Government may ascertain past performance information on the offeror from sources other than the contracts/ references provided.

The following ratings will be used in evaluating Past Performance:

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

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort

Note: In the case of an offeror 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 offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

Past Performances will be evaluated on the contractor’s list of contracts which they haveperformed same or similar services relevant to this solicitation’s requirement within the last five (5) years as of the released date of the solicitation. Relevant past performance are those that are the “same or similar” services based on size, scope, complexity, and contract type. Offerors’ recent and relevant past performance may consist Government and/or commercial contracts for the prime offeror and/or for each major subcontractor who performed during the past five

(5) years from the release dated of this RFP. The offeror’s past performance will be evaluated in accordance with

FAR 15.305(a) (2).

Past performance of offerors will be evaluated based on the following processes:

(i) Review of the detailed explanation submitted by offerors, demonstrating the relevance of the references to the requirements of the solicitation.

(ii) References will be contacted by phone to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.

(iii) The Government reserves the right to obtain past performance information from any reasonable source available, including the Past Performance Information Retrieval System (PPIRS) website http://www.ppirs.gov in order to evaluate offerors’ past performance. Also CPARS, if applicable, will be used for evaluation of the past performance.

NOTE: As part of the Responsibility Determination, the Contracting Officer will evaluate past performance to determine the offeror’s capability to perform the contract. Failure to submit data or lack of any performance history will not in itself be a reason for determination of non- responsibility. The Contracting Officer is not limited to the information provided. The Contracting Officer may use this data along with data obtained from other sources the

Contracting Officer determines appropriate to obtain sufficient information on the offeror’s past performance to make a responsibility determination

FACTOR III. Price: Proposed prices will be evaluated in accordance with FAR 13.106-3 (a). The

Government will evaluate offers for award purpose by adding the total of all CLIN prices.

The proposed price shall:

Be Adequate : The proposed price and the PWS are compatible.

Be Reasonable : Acceptable estimating methodology for developing the price proposal.

Be Complete : Responsive to all solicitation requirements, all or any of items are included, and estimates can be traced.

(b) 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

http://www.ppirs.gov/

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

____ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the…