190506__Att_02_Provisions_and_Clauses_Final_(003)_(007).pdf

M67854-19-R-1538

Attachment 02

Provisions and Clauses

52.202-1 Definitions NOV 2013

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

2.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.209-7 Information Regarding Responsibility Matters Oct 2018

52.209-11

52.211-6

Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

Brand Name or Equal

FEB 2016

AUG 1999

52.212-1 (Dev) Instructions to Offerors – Commercial Items (DEVIATION

20018-O0018)

JAN 2017

52.212-4

52.219-4

Contract Terms and Conditions – Commercial Items

Notice of Price Evaluation Preference for Hubzone Small

Business Concerns. (DEVIATION 2019-O0003)

JAN 2017

52.247-34 F.O.B. Destination NOV 1991

52.247-48 F.O.B. Destination – Evidence of Shipment FEB 1999

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting with Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.225-7001 Buy American and Balance of Payments Program – Basic DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017

252.225-7012 Preference for Certain Domestic Commodities DEC 2017

252.225-7021 Trade Agreements - Basic DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

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):

http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap

(End of provision)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(DEVIATION 2018-O0018) (AUG 2018).

To be eligible for award, an Offeror’s proposal shall contain the following information, which the

Government will evaluate under FAR 52.212-2:

1. Price: Offerors shall submit a price proposal using the Proposal Submission Form (Attachment 03) for all Contract Line Item Numbers (CLINs). Prices are to be F.O.B. Destination to the locations in

Attachment 01.

2. Technical: Offerors shall provide a technical proposal identifying the proposed material solution that satisfies the requirements of the Statement of Work (SOW) and shall include the following:

Berry Amendment Self Certification

Marine Corps Boot Certification Program Certification

Product Demonstration Samples

The technical proposal shall not exceed five pages and shall be in accordance with the below format:

Single-spaced typed lines;

One inch margins on all sides;

12 point font using Times New Roman

Include page numbers in the footers and the RFP number on each page in the header;

No outside hyperlinks or external materials.

Note: The Government will remove and not evaluate as part of the proposal any pages exceeding the specified page limit. Evaluation teams will not receive for evaluation any aspect of a proposal the

Government removes for having exceeded page limits and, therefore, may consider the excluded aspects as missing or non-existent in the proposal. All printed pages count towards the page count. A page printed on both sides count as two pages.

http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap

Product Demonstration Models (PDMs)

Each Offeror shall submit the following items as part of its technical proposal to demonstrate form, function, aesthetic and uniform requirements, and technical effectiveness:

Tropical Boot Proposal: 35 Tropical boot PDMs per the following tariff:

Size Tropical Boots

8R 7 pairs

9R 7 pairs

10R 7 pairs

11R 7 pairs

12R 7 pairs

Offerors shall mark each PDM on the inner surface of the respective boot using an easily removable label that identifies the Offeror submitting the proposal. This label identification shall not affect the design’s performance. For anonymity during evaluation, no company-identifying information or marking shall be on the PDM, to include the box in which the Boots are packed, other than the removable label.

Offerors shall package and assemble each PDM in accordance with the SOW.

The Government will not return PDMs to Offerors.

Raw Material Written Information

Offerors shall provide a concise list/table/matrix of all raw material and sub-component materials they use to fabricate the PDMs and maintain Berry Amendment compliance. Offerors shall also reference all test data demonstrating compliance with the requirements. The list/table/matrix and CoCs do not count against the technical proposal page limit, and Offerors shall submitted as an appendix. The Government may incorporate the list/table/matrix in the final contract for quality assurance.

Manufacturing Capability

Offerors shall discuss, in detail, their ability to provide both pre-production and production quantities in accordance with the SOW.

The written proposal shall include the below information to substantiate the Offeror’s claim to deliver a maximum quantity of 70,000 Berry Amendment Compliant Tropical Boots conforming to all SOW requirements:

Manufacturing Plan that includes a detailed process flow chart of; 1) material input; 2) output and; 3) production steps, in sequential order for the Tropical Boots production, to include subcontractor participation but not including raw material supplier production processes. The

Manufacturing Plan is a single document incorporating the details of relevant subcontractors’ manufacturing plans. The Manufacturing Plan does not count against the technical proposal page limit, and Offerors shall submitted as an appendix. The Government may incorporate the list/table/matrix in the final contract for quality assurance.

Supply Chain Management Chart demonstrating Berry Amendment Compliant materials in the

Tropical Boots’ construction. The Supply chain Management Chart does not count against the technical proposal page limit, and Offerors shall submitted as an appendix. The Government may incorporate the list/table/matrix in the final contract for quality assurance.

Signed manufacturing agreements and partnership plans with principal subcontractors where applicable. The manufacturing agreements and partnership plans do not count against the technical proposal page limit, and Offerors shall submitted as an appendix.

Quality Assurance Plan (QAP) detailing the internal processes and procedures for establishing and controlling the quality of raw materials, works in process, and end items, including procedures for notifying the Government about and quarantining defective raw materials and finished items. The QAP is a single document incorporating the details of relevant subcontractors’ QAPs. The QAP does not count against the technical proposal page limit, and

Offerors shall submitted as an appendix. The Government may incorporate the list/table/matrix in the final contract for quality assurance.

Failing to provide this information may result in a non-responsive proposal, which is ineligible for award.

3. Past Performance: Offerors shall submit no more than three past performance citations within the previous three years that are relevant to the efforts required by this solicitation using the Proposal

Submission Form (Attachment 03). Where Offerors submit more than three past performance citations, the Government will only evaluate the three most recent citations. Finalized Contractor Performance

Assessment Reports (CPARs) are acceptable as past performance citations.

At a minimum, past performance information shall include the following:

Contract number and item description

Dollar Value and delivery quantity

Delivery schedule

Statement regarding the ability to provide a quality product within the contracted price in accordance with the delivery schedule.

Government Point of Contact to include name, email and telephone

4. Small Business Utilization The cover page for the Offeror’s Small Business Utilization volume shall summarize the Offeror’s SB Participation goals for the total requirement using the below format:

Table 1: Template for the Summary Table

SB Participation Plan

Total

Small Business (SB) %

Small Disadvantaged Business (SDB) %

Woman-Owned Small Business (WOSB) %

HUBZone Small Business (HUBZone SB) %

Small Disadvantaged Veteran-Owned Small Business

(SDVOSB)

All Offerors regardless of size shall submit a Small Business Participation Plan presenting percentages in terms of total dollars of work for each SB category, divided by the total contract value.

The Offeror shall identify the extent and nature of participation of SB, WOSBs, HUBZone SBs, and

SDVOSBs in the performance of the proposed contract. Participation includes subcontractors or material suppliers to the prime contractor or subcontractors. Offerors shall include in the percentages their own participation as an SB, WOSB, HUBZone SB or SDVOSB.

The plan shall include:

a. The name and DUNS number (or CAGE code) of each firm included in the plan;

b. A copy of the System for Award Management (SAM) profile for each firm included in the plan;

c. Discussion of the specific components or services each firm will deliver or perform;

d. Identification of the North American Industry Classification System (NAICS) code

(appropriate to the principal nature of the planned subcontract) supporting each firm’s size status;

e. The estimated total dollar value provided to each small business including the prime if they are a small business;

f. The percentage of total contract value provided to each small business including the prime if they are a small business;

g. Evidence of any enforceable commitments in place between the Offeror and the participating small businesses (i.e., detailed supporting documentation regarding the individual commitments).

h. If applicable, for each category in which the Offeror’s SB Participation Plan contains goals below the

Government’s SB Utilization Objectives, the offeror shall provide a detailed explanation as to how the

Offeror will increase the percentages for performance under contract. Justifications adequately describing valid actions toward increasing percentage goals will receive an acceptable rating.

SB Utilization Objectives:

The Government’s Participation objectives for this acquisition are:

Small Business: 5%

Small Disadvantaged Business: 1.25%

Women-Owned Small Business: 1.25%

HUBZone Small Business: 1.25%

Service-Disabled Veteran-Owned Small Business: 1.25%

5. Proposal Requirement: Offerors shall provide one original, three copies and one electronic copy of their proposal package.

Proposals shall not contain classified information.

Failing to adhere to these instructions may result in the Government removing the proposal from consideration in the source selection process. Offerors may submit only one proposal in response to this solicitation.

Offerors should carefully read this solicitation’s terms and conditions and refer any questions in writing to the Contract Specialist, Keane Butts, via email at keane.butts@usmc.mil and copy Peggy

Smith, via email at peggy.l.smith1@usmc.mil no later than 1:00PM Eastern Local Time on 15 May

2019. Submit proposal packages to the address below no later than 1:00PM Eastern Local Time on

6 June 2019:

Marine Corps Systems Command

2201A Willis Street

Quantico, VA 22134-5010

ATTN: Keane Butts, RFP: M67854-19-R-1538

(End of Addendum)

52.212-2 EVALUATION –COMMERCIAL ITEMS ADDENDUM

This acquisition uses the Best Value – Trade Off source selection procedures in accordance with FAR

15.101-1. Marine Corps Systems Command will award a 60-month Indefinite Delivery Indefinite

Quantity (IDIQ) Firm Fixed Price (FFP) contract for the Tropical Boots to all Offerors whose proposal submissions comply with the terms and conditions of the solicitation, meet or exceed the stated requirements, and are the most advantageous to the Government based upon the Government’s assessment of the evaluation factors.

The evaluation will be conducted in the following two phases:

Phase 1: Go/No Go Criteria

Phase 2: Tradeoff Evaluation

Phase 1 - Go/No Go Criteria.

The Government will evaluate proposals based on three Go/No Go criteria. Offers failing to meet any one of the three Go/No Go criteria will not be further evaluated, and therefore, not eligible for award. The

Government will remove from evaluation any proposal failing to meet any one of the following Go/No

Go criteria:

Criteria 1: Offerors providing 35 product demonstration samples in accordance with the terms of the 52.212-1 Addendum will receive a “GO.” Offerors that do not provide the required source selection samples will receive a “NO GO,” and the proposal will not receive further evaluation.

Criteria 2: Offerors must submit a signed self-certification certifying Berry Amendment

Compliance in accordance with 52.212-1 Addendum. Offerors that provide the signed self-certification will receive a “GO.” Offerors that do not provide the signed self-certification will receive a “NO GO,” and the proposal will not receive further evaluation.

Criteria 3: Offerors must submit a Marine Corps Boot Certification Program Certification in accordance with 52.212-1 Addendum. Offerors that provide the certification will receive a “GO.”

Offerors that do not provide the certification will receive a “NO GO,” and the proposal will not receive further evaluation.

Proposals receiving a “GO” in all three criteria will move on to the next phase of the evaluation.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P25_3805

Phase 2 – Tradeoff Evaluation

When making the best value determinations, the Government will consider the following factors:

Factor 1- Technical Performance

Element 1: Physical Evaluation of PDMs for Quality and

Workmanship

Element 2: PDM Lab Testing

Element 3: Evaluation of Technical Proposal against the SOW and Boot Purchase Descriptions

Factor 2- Manufacturing Capability

Element 1: Production Capability/Delivery Schedule

Element 2: Quality Assurance Plan

Element 3: Partnership Plan

Factor 3- Past Performance

Factor 4- Small Business Utilization

Factor 5- Price

Factor 1: Technical Capability.

This factor consist of three Elements:

Element 1: Physical Evaluation of PDMs for Quality and Workmanship

Element 2: PDM Lab Testing

Element 3: Evaluation of Technical Proposal against the SOW and Boot Purchase Descriptions

Element 1: Evaluation of PDMs for Quality and Workmanship

To evaluate PDMs for Quality and Workmanship, the Government will examine five pairs of Tropical

Boots PDMs (one from each requested size) for the overall construction quality, cleanliness, and major defects. As such, The Government may disassemble or destroy PDMs in the process of evaluation. The criteria for the Government’s visual inspection of the PDM is as follows:

Examine Defect Yes No

Upper leather Rough side out or Nubuck

Leather deeply snuffed; E.g., fiber structure damaged

Grub or tick damage, scratches, brands, or bony leather

Fat wrinkles or veins

Not struck through

Stretchy vamp

Leather embossed or printed where not specified

Thickness exceeding the maximum or less than the minimum specified

Slaughter cut

Quarter side panels Not as specified in color or pattern

Any hole, spot, stain, foreign matter, cut, tear, miss weave

1000 denier nylon fabric

Upper Design Not as accepted for contract award and by PDM

Defect Yes No

Pairing Not properly mated; E.g., not right and left of same size

Variation in color or appearance

Variation of more than 1/4 inch in height of pair

Box toe malformed

Difference in outsole thickness between left and right Boots or between pairs.

- more than 3/32inch

- more than 1/16 inch but less than 3/32

Cleanness Any non-removable spot, stain, or foreign matter effecting appearance

Color and nap Color not as specified

Shade out of tolerance*

Marine Corps

Emblem

The branding/embossing of the Marine Corps Emblem, Eagle, Globe and Anchor (EGA) shall be placed in accordance with the Marine

Corps Combat Boot. Purchase Description. **

Construction and

Workmanship

(General)

Any cut, tear, hole, repair or damage

Any component or assembly omitted or misplaced, operation omitted or not properly performed

Wrinkled or bunched area at the back seam

Seams and Stitching

(upper and lower)

Open seams***

Repair of open seam not as specified

Stitch not locked, easily pulled out.

Tight tension resulting in puckering or cutting of the leather

Loose tension resulting in a loosely secured seam

Stitching omitted where required

Gage of stitching irregular

Thread ends not trimmed throughout the Boot

Needle holes or needle chew

Stitch count per inch

Stitch per inch (upper)

One or more run-off stitches

Vamp stitching at outsole junction

One or more rows of defective stitching not repaired

Repaired but first stitch more than 1/4 inch from outsole junction

Repaired with one stitch in lieu of two or more stitches

Outsole, Bottoming, & heel

Thickness not as specified by PD

Edge scouring is irregular, effecting appearance

Any malformation, air bubbles, wrinkles, etc.

Any component not uniform in thickness

Incomplete or incorrect bonding of outer sole to cushion midsole (i.e., not securely attached

Panama style self-cleaning

Incomplete or incorrect bonding of rubber midsole to cushion midsole E.g., not securely attached

Insole Any protruding lasting staple or prong

Any protruding shank prong on insole

Eyelet/speed laces/

Drainage holes

Number of eyelets/speed laces not as specified in each row

Not the same number of eyelets/speed laces in each row

Eyelets/speed laces not properly spaced within the row or misalignment between the rows to an extent interfering with proper lacing

Drain holes must be equal to brand name

Drainage holes must be uniformed and consistent with name brand pattern

Any eyelet/speed lace not securely clinched

Speed laces not perpendicular to edge of quarters or parallel to each other

Marking, instruction tag, care and use manual

Missing, incomplete, incorrect, not applied in the specific manner, misplaced, illegible, or not specified size

Lining Torn, loose, wrinkled, discolored

Not properly mated with upper

Counter Not properly seated

Soft counter /Broken

Bar-code label / tag

Interpretation (HRI) omitted or illegible, bar-coded typed not as specified; code density not as specified

Cushion Insert Missing, wrong size, or wrong side up

*Parts suspected as being shaded shall be examined at a distance of three feet against the background of the other parts and colors of the garment. When the shade difference is readily discernible under these examining conditions, it shall be scored as a shaded part.

**Embossing of the EGA shall be clear and crisp keeping within the shade tolerance color of the leather, but not black in color. The EGA shall be visible at a three foot distance at a minimum.

***Regardless whether single or multiple stitched seams, one or more broken stitches, two or more continuously skipped stitches, two or more run-off stitches, or raw edges not securely caught in stitching, constitutes an open seam.

Element 2: PDM Lab Testing

The Government will lab test PDMs to evaluate 10 Tropical Boot pairs (two from each requested size) from Offerors proposing a solution that is equal to the Rocky Tropical Style Number RKC091 or Danner

Tropical Style Number 52121. The Government will evaluate compliance with the Commercial Item

Description (CID) characteristics outlined below:

Characteristics

Threshold Objective Test Method

Color Coyote 498 Coyote 498 visual

Dry Out Time Dry out 10% faster than the

Marine Corps

Combat Boot.

Dry out 30% faster than the

Marine Corps

Combat Boot.

Natick internal test method

Height (from edge of the upper part of outsole to the top of the boot collar)

10 inches from the bottom of the outsole

9.5 inches from the bottom of the outsole

Visual

Weight (size 10R) each boot

1.85 lbs. or less 1.5 lbs. or less Lab calibrated

Outsole design Self-cleaning tread

Self-cleaning tread Visual?

The Government will not lab test offers proposing either brand name. The Government reserves the right to exclude a component from testing based the test data or CoCs the Offeror provides in accordance with the solicitation. The Government may test components authorized under an exemption, although the testing is not required. The Government reserves the right not to conduct any or all tests.

Element 3: Evaluation of technical proposal against the SOW.

The Government will evaluate the Offeror’s proposed solution for compliance with the performance parameters identified in the SOW. Additionally, the Government will evaluate all test data supplied by offerors to ensure the proposed boot design meets or exceeds minimum and desired thresholds.

Factor 2 – Manufacturing Capability

This factor consists of the three Elements described below.

Element 1: Production Capability/Delivery Schedule

Element 2: Quality Assurance Plan

Element 3: Partnership Plan

Element 1: Production Capability/Delivery Schedule

The Government will evaluate the Offerors’ ramp up to full production, per month production capability, and proposed sustainable monthly delivery schedule for the ordering period as specified in the SOW.

Evaluators will review the proposed production capability, schedule in conjunction with the

Manufacturing Plan and Supply Chain Management Chart

Element 2: Quality Assurance Plan

Evaluators will review the Offeror’s quality assurance approach (quality assurance plan and corrective action methods) for its effectiveness in minimizing defects, its material and process controls, and ability to provide a reliable product conforming to contract requirements under continuous production. The

Government will also evaluate the Offeror’s commercial warranty provisions against defects in workmanship, materials, design and performance be evaluated.

Element 3: Partnership Plan

Evaluators will review each Offeror's manufacturing agreements and partnership plans with any significant subcontractors as applicable (e.g., manufacturing facility providers, fabric suppliers).

Combined Technical/Risk Rating

Factors 1 through 4, when combined, are significantly more important than price. The Government will use Table 2 to apply an adjectival rating in the evaluation of Factors 1 and 2 and will assess Deficiencies, strengths, weaknesses and significant weaknesses at the Element level under Factors 1 and 2. The

Government will evaluate Past Performance and Small Business Utilization as either “acceptable” or

“unacceptable.”

The Government intends to evaluate proposals and award on an “initial offer” without discussions. If discussions are necessary, the Government will establish a competitive range and notify all Offerors of their inclusion or exclusion. The Government will hold discussions with Offerors in the competitive range and notify Offerors eliminated from the competitive range in writing in accordance with FAR

15.503.

Table 2: Combined Technical/Risk Rating Method

Color

Rating

Adjectival

Rating

Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

DEFINITIONS

1. Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

2. Strength: Any aspect of a proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

3. Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

4. Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful contract.

Factor 3 – Past Performance

The Government will initially evaluate Past Performance submissions to determine if they are recent. In order to be recent, the performance must have occurred within 36 months of the RFP submission deadline.

The Government will then evaluate recent past performance submissions for relevancy based on the

Offeror’s experience performing tasks similar in size, scope and complexity. Relevant is defined as work similar in scope and magnitude of effort to the work described in this solicitation. The Government will not evaluate past performance information regarding predecessor companies. The Government may use information other than that provided by the Offeror in its proposal to evaluate past performance. The

Government may use Past Performance information obtained from sources other than those identified by the Offeror. The Past Performance Information Reporting System (PPIRS) will be one method used to evaluate Past Performance.

It is incumbent upon the Offeror to explain the relevance of the data it provides. The Government has no duty to search for data to cure the problems it finds in the information provided by the Offeror. The

Offeror has the burden of providing thorough and complete past performance information. The

Government will then evaluate recent, relevant past performance submissions to determine how well the

Offeror performed on those contracts.

The Government will establish an overall rating for the Offeror’s past performance in accordance with the following ratings and descriptions:

Table 3 Past Performance Ratings

Adjectival Rating Description

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.**

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

** 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 (see FAR

15.305(a)(2)(iv)). Therefore, Offerors without a record of relevant past performance or for no meaningful past performance is reasonably assignable will receive unknown (or “neutral”) past performance. In the context of acceptability or unacceptability, a neutral rating is “acceptable.”

Factor 4: Small Business Utilization

The Government will evaluate Offerors on the extent to which their proposals and other performance information available to the Government demonstrate the Offerors’ support of Government policies concerning utilization of small business concerns as subcontractors including, when applicable, achievements against established small business subcontracting plan goals for other than small businesses.

Proposals meeting or exceeding the percentage goals in Addendum to 52.212-1 Instructions to offerors, Section 4, will receive an acceptable rating.

Proposals not meeting or exceeding the goals stated in Addendum to 52.212-1 Instructions to offerors, Section 4, will receive an unacceptable rating unless the proposal explains why and describes what the

Offeror will do to increase the percentages for performance under contract. Justifications adequately describing valid actions toward increasing percentage goals will receive an acceptable rating.

The Government will evaluate Offerors on the levels of small business participation proposed and the degree of commitment to use named sources using the ratings in Table 4.

Table 4 Small Business Rating Method

ACCEPTABLE

Proposal clearly meets minimum requirements of the solicitation and clearly demonstrates a commitment to using Small Business Firms.

UNACCEPTABLE

Proposal does not clearly meet minimum requirements of the solicitation and does not clearly demonstrate a commitment to using

Small Business Firms.

Factor 5 – Price

The Government will evaluate but not rate price. The Government will evaluate each Offeror’s price for completeness and reasonableness.

The Government will calculate price by totaling all CLINs (quantity multiplied by unit price).

In its evaluation, the Government may use published data, same or similar DoD contracts, government estimates, industry standards, Defense Contract Audit Agency (DCAA) audit information, or other appropriate information to determine reasonableness.

All price information shall be in U.S. dollars. Prices are to be Freight On Board (FOB) Destination.

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), regardless whether there are negotiations after its receipt, unless the government receives a written notice of withdrawal before award.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (JAN 2017)

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

(6) 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

(7) 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;

http://www.sam.gov/portal

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

“Women-owned small business concern” means a small business concern --

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the

SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer https://www.acquisition.gov/ and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

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

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

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

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

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

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

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

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

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

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each

WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB

Program and other small businesses that are participating in the joint venture:

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in

(c)(6) of this provision.] The offeror represents that—

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13

CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the

Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-

1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United

States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR

Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement…