Solicitation_N00167-16-T-0011_01.19.16.pdf

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The NSWCCD intends to solicit on a full and open competitive basis for one (1) individual to perform the periodic Internal Quality File Review of

Naval Surface Warfare Center Carderock’s contracting function to support ongoing Procurement

Surveillance Program requirements. This announcement constitutes the only solicitation and a written solicitation will not be issued. Quotes are being requested under RFQ N0016716T0011.

The NSWCCD intends to award a firm fixed price purchase order using Simplified Acquisition

Procedures. The NAICS code is 541990 and the business size standard is $20.5 mil. This requirement is 100% set-aside for service-disabled Veteran-owned small business.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2005-86 and the Defense Federal Acquisition

Regulation Supplement (DFARS) SEE ATTACHED FILE FOR CLAUSES AND

PROVISIONS.

Evaluation Factors (in order of importance)

1. Technical – Offerors must quote services that reflect the desired specifications outlined in the

Minimum Specifications included in the RFQ.

2. Price – Offerors must include all applicable costs to Bethesda, MD 20817.

Questions/clarification regarding this solicitation must be submitted via email to patricia.vara@navy.mil. All questions will be answered in an amendment to the solicitation.

Quote packages are due by 5 FEB 2016 by 4:00 PM EST. Late quotes will not be considered.

Quote packages should contain a cover sheet that provides the following information:

a) Official Company Name;

b) Point of Contact including name and phone number;

c) DUNS number.

The Point of Contact for this acquisition is Patricia Vara, at patricia.vara@navy.mil.

mailto:patricia.vara@navy.mil mailto:patricia.vara@navy.mil

N00167-16-T-0011

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

FUNDING FOR SERVICE CONTRACT

SERVICES ARE PROVIDED TO PERFORM PERIODIC INTERNAL

QUALITY FILE REVIEW TO SUPPORT ONGOING PROCUREMENT

SURVEILLANCE PROGRAM REQUIREMENTS. IAW the statement of work entitled "Naval Surface Warfare Center, Carderock Division Internal Quality File Review (i-QFR) Services" dated December 2015.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300543555

FFP

NET AMT

STATEMENT OF WORK

Naval Surface Warfare Center, Carderock Division Internal Quality File Review (i-QFR) Service

Statement of Work December 2015

1. Introduction

In accordance with Navy Marine Corps Acquisition Regulation Supplement (NMCARS) 5201.691, each Department of Navy (DON) Head of Contracting Activity (HCA) is responsible for oversight and review of their contracting activity including subordinate contracting organizations.

Under the Secretary of the Navy (SECNAV), the Deputy Assistant Secretary of the Navy for Acquisition and Procurement (DASN (AP)) is responsible for ensuring that the HCAs conduct the required periodic reviews of its contracting organizations. Previous reviews and audits have identified opportunities to strengthen oversight and management of contracting organizations in order to provide reasonable assurance that procedures are in place to prevent and detect fraud, waste and abuse, and programs are efficiently and effectively carried out according to applicable statute and policy.

A major review currently used by Naval Sea Systems Command (NAVSEA) is the Procurement Surveillance Program (PSP), which is conducted in accordance with Navy Marine Corps Acquisition Regulation Supplement (NMCARS) 5201.691. PSP Review operates under three key tenets: Tenet 1: A demonstrated systematic approach to adhering to procurement law, regulation, and policy;

Tenet 2: Documented and objective evidence of compliance with procurement law, regulation, and policy (a primary means of assessing this compliance is through review of official contract file contents); and Tenet 3: A culture that understands and supports disciplined acquisition and procurement processes and outcomes. The key outcome is to assess how well the activity is safeguarding their delegated contracting authority. Safeguarding contracting authority is defined as following sound procurement practices and managing risk locally with prudent controls to ensure compliance.

The PSP process operates within a three-year cycle of reviews involving two annual self-assessments and an external assessment every third year. These assessments address compliance at five levels within the contracting competency. These levels are: management of the contracting function to determine how well the organization is aligned with the NAVSEA SEA 02 Contracting Competency's Strategic Business Plan; integrity of the procurement process to validate the integrity of the procurement process and organization’s control of key procurement processes (including evaluating objective proof of the outcomes of these procurement processes); compliance with procurement laws, regulations, and policies as assessed through the review of official contract files; review of any DASN(AP) and SEA 02 special interest items; the three associated inspection areas of Small Business, Purchase Card for non-Fleet funded activities, and Contracting Officer’s Representative (COR) Programs. A significant component of the NAVSEA PSP process includes the analysis and evaluation of policies and procedures of its contracting offices through the use of the Internal Quality File Review (i-QFR) process.

2. Scope

The primary objective of the i-QFR process is to semi-annually review a representative sample of contract actions to determine if sound legal and business judgment was exercised in the execution of selected contract actions. In this internal self-assessment, contract actions are reviewed for compliance with applicable policy, regulatory and statutory provisions and documented best practices. The individual i-QFR findings and recommendations are reviewed by the contracting office to support the objectives of the above mentioned PSP Review. In addition, the assessment results are further used to encourage and assist NSWC Carderock contracting officers and contract specialists in making continuous improvements in all phases of the acquisition process.

3. Requirements

The Government requires a qualified individual to perform the periodic i-QFR of NSWC Carderock’s contracting function to support ongoing PSP requirements.

Candidate Qualifications:

The Contractor shall provide a candidate’s resume(s) to support the desired qualifications listed below to perform the NSWC Carderock i-QFR reviews:

Bachelor’s degree in Business related field o Master’s Degree preferred

15 years of experience in performing United States Department of Defense contract writing and oversight in the occupational series code 1102 (Contracting) or like work o 5 years contracting experience supporting ACAT I, II, and III programs Level III Certified In Contracting – DAWIA/FAC-C Able to submit for and obtain a Secret Clearance and a Common Access Card i-QFR Review Areas:

The i-QFR Reviews may include the following "Key Procurement" Processes. This list is provided as an example of contracting processes that may be reviewed or assessed by the Contractor and is not intended to be all-inclusive or limiting in any way.

Procurement Request Initiation Documentation and Approval Funding Documentation Technical Documents: Statement of Work (SOW); Statement of Objectives (SOO); Performance Work

Statements (PWS); Contract Data Requirement List (CDRL) Market Research Documentation Drafting and Approval Process for Business Clearance; Business Clearance Memorandums; Memo to

File Documentation

COR Appointment Letters Documentation Small Business Program (SBA Coordination Record/DD Form 2579) Establishment of Acquisition Planning (AP)/ Management and Oversight Process for the Acquisition of Services (MOPAS) Procurement Profile and Execution Plans Determination and Findings (D&F) Single Indefinite Delivery, Indefinite Quantity (IDIQ) Waiver Documentation and Approval Simplified Acquisition Procedures (SAP) Procedures Services or Supply Acquisitions Procedures Commercial Item Acquisitions Procedures Development of Request for Proposal (RFP); Request for Information (RFI); Request for Quotation

(RFQ)

Competitive Procedures Source Selection Procedures Best-Value/Greatest Value Evaluations Past Performance Evaluation Criteria Justification and Approval (J&A) (Sole Source/Limited Source documentation) Truth in Negotiations Act/Certifications Contract Modification Justifications; Exercising of Options DCAA/DCMA Audit Requirements DoD Weighted Guidelines (DD Form 1547) Management of Undefinitized Contract Actions (UCAs) Federal Procurement Data System – Next Generation (FPDS-NG) Contract Action Reporting (CAR) Federal Business Opportunities (FEDBIZOPPS) Documentation System for Award Management (SAM) i-QFR Review Requirements:

1. The Contractor shall review the latest DASN (AP), IG, NAVSEA PSP and NSWC Carderock i-QFR reports and any other audit reports or guidance as applicable and provided by the Government.

2. The Contractor shall select a representative sample from the total contract actions executed during the specified period of review; the representative sample must be a minimum of 10 percent of all contract actions executed during the review period and may contain certain contracts over a specified dollar amount as directed by the contracting office. The number of contract actions selected for review may be increased or decreased based on i- QFR results, trends, and/or other factors. The sample shall consist of actions from each major program area and encompass a representation of all types of contract actions awarded during the review period.

The Contractor shall provide the sample selection criteria and rationale to the contracting office in writing to support the contract action sample selected.

3. The Contractor shall perform an in-depth file review of all contracting actions selected, not only for file completeness, but also to ensure sound business decisions were made with regard to policy, statutory and regulatory procedures. The review of files shall be both compliance and quality-oriented. The Contractor shall consider file review findings and recommendations when assessing the overall effectiveness of the office's contracting process.

In addition, the Contractor shall use the file reviews to identify potential systematic issues, areas for improvement, areas of excellence/best practices and any opportunities to provide informal and/or formal training to the contracting office wherever possible. The Contractor shall review the Contracting Officer’s Representative (COR) Appointment Letters (as applicable).

The Contractor shall provide a written fieldwork report for each contract file evaluation, including findings and recommendations to the contracting office

The Contractor shall also summarize the written findings and recommendations by finding and frequency of occurrence

4. The Contractor shall conduct confidential interviews (either face-to-face or via alternate methods) with contracting personnel including contract specialists, contracting officers, and supervisory contracting officer(s), as necessary to ensure the organization is well represented in the answers to the i-QFR questionnaire. The purpose of the interviews is to assess the office's Organizational Leadership, Management and Internal Controls. The results submitted in the i-QFR report shall be non-attributable to the responder.

The Contractor shall complete the questionnaire(s) if conducting a face-to-face interview The Contractor shall consolidate questionnaire answers by individual responder and question, providing a written summary that is non-attributive to the respondent

4. Period of Performance, Place of Performance and Business Hours

The period of performance is from February 29, 2016 until February 28, 2017. Four internal quality file reviews will be delivered on the following dates: May 2, 2016, August 15, 2016, November 21, 2016 and February 21, 2017.

A rough draft of each internal quality file review shall be submitted seven days prior to each of the aforementioned delivery dates. This represents a total effort of eight hours per day for a maximum total of 1,976 hours. The primary place of performance is Naval Surface Warfare Center Carderock Division located in West Bethesda, Maryland. The Naval Facility core hours are from 0600 to 1800. There will be no travel associated with this contract.

5. Government Furnished Information (GFI)

The Government shall provide the following GFI in support of the i-QFR:

Applicable Policies, Reviews and Audits o Current contracting policy letters o Previous year’s semi-annual self-assessment report o Previous year’s i-QFR reports o Current Contract File Checklists o Any other relevant policies, reviews or audits available at the time of review

List of Contract actions for the stated review period, sorted by the Procurement Contracting Officer (PCO) and Dollar amount o Access to contract files

List and contact information of current contracting staff for interview selection

6. Contractor Deliverables

The Contractor shall deliver the following items in support of the i-QFR:

The Contractor shall deliver a written sample selection plan of contract actions to be reviewed based on the mutually agreed to criteria and selection rationale to the contracting office (CDRL A001)

The Contractor shall deliver a written fieldwork report for each contract action’s file evaluation, including findings and recommendations to the contracting office. This shall include a summary of the written findings and recommendations by finding and frequency of occurrence. The Contractor shall support all findings with specific examples and shall include a discussion of supporting evidence (i.e., trends, etc.) and, if possible, suggested corrective actions. The Contractor shall make distinctions between suggestions, actual findings and recommendations. The fieldwork results shall be the basis for both the i-QFR Summary and Analysis Report and the Corrective Action and Improvement Plan (CDRL A002)

The Contractor shall deliver a completed NSWC Carderock Review Checklist for each file reviewed

(CDRL A003)

The Contractor shall deliver the raw, non-attributed individual questionnaires with responses. The Contractor shall also deliver a written non-attributive consolidated summary of results for the interview questionnaire answers by respondent and question (CDRL A004)

The Contractor shall deliver a draft i-QFR Summary and Analysis Report (CDRL A005)

The Contractor shall deliver a draft Corrective Action and Improvement Plan (CDRL A006)

The Contractor shall deliver four copies of the deliverables (i-QFR Report items, Fieldwork summary, etc.)

which shall be tabbed and collated. Three copies shall be bound and one copy shall be fastened but not bound. The Contractor shall also deliver all deliverables in electronic format (Compact Disc) to the contracting office to enable completion of the i-QFR documentation (CDRL A007)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-MAR-2016 TO

28-FEB-2017

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

OCT 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (Nov 2014)

NOV 2014

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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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:

Factor 1 Technical Factor 2 Price

(b) Basis for Award & Evaluation

This will be a LPTA procurement. The Government intends to evaluate quotations and award a contract without discussions with Offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable quotation with the lowest evaluated price. An overall technical rating must be at least "ACCEPTABLE" in order to be eligible for award. An "UNACCEPTABLE" rating, results in the technical quotation being rated "UNACCEPTABLE" unless corrected through discussions. An overall technical rating of "UNACCEPTABLE" makes a quotation ineligible for award.

An offeror is expected to submit sufficient information in response to the Soliticitation to allow for the evaluation of his/her quotation.

Each of the evaluation factors will be rated as follows:

Factor 1 - Technical The Government will evaluate the offeror's capabilities to provide services IAW the Solicitation.

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quotes that meet all the minimum requirements of paragraph 3 of the SOW and provide documentation to validate

Unacceptable Quote does not clearly meet the minimum requirements of the SOW.

Factor 2 - Price Offerors' price proposals will be evaluated to determine if the price is fair and reasonable in accordance with FAR 12.209. Quotations should include a proposed price for each Contract Line Item Number (CLIN).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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 stock of which 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 its stock is owned by one or more women; or

(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 electronically 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 representations 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 and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will 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 to paragraphs (c)(8) and (9): 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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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…