N32205-13-R6005.doc

Section SF 1449 - CONTINUATION SHEET

CIVMAR LODGING--FREEHOLD, NJ AREA

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 65-120 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 07 AUGUST 2013-06 AUGUST 2014. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 23,600.

FOB: Destination

ESTIMATED

NET AMT

CIVMAR TRANSPORTATION--FREEHOLD, NJ AREA

FFP

THE GOVERNEMENT ESTIMATES THE TOTAL NUMBER OF SINGLE TRIPS FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND TRAINING CENTER IS 550 SINGLE TRIPS PER YEAR DURING THE CONTRACT PERIOD BASE YEAR WITH AN AVERAGE OF 60 PERSONS PER DAY (THIS NUMBER COULD FLUCTUATE FROM 25-120 CIVMARS PER DAY). EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR TRANSPORTATION RATE BY A QUANTITY OF 550 TOTAL TRIPS.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 65-120 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 07 AUGUST 2014-06 AUGUST 2015. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 23,600.

ESTIMATED

FFP

THE GOVERNEMENT ESTIMATES THE TOTAL NUMBER OF SINGLE TRIPS FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND TRAINING CENTER IS 550 SINGLE TRIPS PER YEAR DURING THE CONTRACT PERIOD BASE YEAR WITH AN AVERAGE OF 60 PERSONS PER DAY (THIS NUMBER COULD FLUCTUATE FROM 25-120 CIVMARS PER DAY). EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR TRANSPORTATION RATE BY A QUANTITY OF 550 TOTAL TRIPS.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 65-120 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 07 AUGUST 2015-06 AUGUST 2016. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 23,600.

ESTIMATED

FFP

THE GOVERNEMENT ESTIMATES THE TOTAL NUMBER OF SINGLE TRIPS FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND TRAINING CENTER IS 550 SINGLE TRIPS PER YEAR DURING THE CONTRACT PERIOD BASE YEAR WITH AN AVERAGE OF 60 PERSONS PER DAY (THIS NUMBER COULD FLUCTUATE FROM 25-120 CIVMARS PER DAY). EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR TRANSPORTATION RATE BY A QUANTITY OF 550 TOTAL TRIPS.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 65-120 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 07 AUGUST 2016-06 AUGUST 2017. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 23,600.

ESTIMATED

FFP

THE GOVERNEMENT ESTIMATES THE TOTAL NUMBER OF SINGLE TRIPS FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND TRAINING CENTER IS 550 SINGLE TRIPS PER YEAR DURING THE CONTRACT PERIOD BASE YEAR WITH AN AVERAGE OF 60 PERSONS PER DAY (THIS NUMBER COULD FLUCTUATE FROM 25-120 CIVMARS PER DAY). EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR TRANSPORTATION RATE BY A QUANTITY OF 550 TOTAL TRIPS.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 65-120 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 07 AUGUST 2017-06 AUGUST 2018. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 23,600.

ESTIMATED

FFP

THE GOVERNEMENT ESTIMATES THE TOTAL NUMBER OF SINGLE TRIPS FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND TRAINING CENTER IS 550 SINGLE TRIPS PER YEAR DURING THE CONTRACT PERIOD BASE YEAR WITH AN AVERAGE OF 60 PERSONS PER DAY (THIS NUMBER COULD FLUCTUATE FROM 25-120 CIVMARS PER DAY). EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR TRANSPORTATION RATE BY A QUANTITY OF 550 TOTAL TRIPS.

ESTIMATED

SPECIAL CONTRACT REQUIREMENTS

1. SUPERVISION AND CONTROL. The Government shall not exercise any supervision or control over the Contractor’s employees performing services under this contract. Such employees shall be accountable, not to the Government, but solely to the Contractor, who in turn is responsible to the Government.

2. INSURANCE. The Contractor shall maintain during the entire performance period of this contract, insurance of at least the following kinds and minimum amounts set forth below:

(a) Workers Compensation and Employers' Liability Insurance in accordance with the amounts specified by the laws of the state in which the work is to be performed under this contract. In the absence of such state laws, an amount of $100,000 shall be required and maintained.

(b) General Liability Insurance with bodily injury liability in the minimum amount of $500,000 per occurrence.

(c) Automobile Liability Insurance (if van, bus or other transportation is provided) in the amount of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

3. WAGE DETERMINATION. The following wage determinations, in accordance with the Service Contract Act of 1965, as amended, are hereby incorporated by reference into the contract and compliance with the same is mandatory:

NEW JERSEY (MONMOUTH AREA) – WD 05-2352

4. ISSUANCE OF ORDERS. Individual task orders placed under the contract shall be issued by the ordering officer. For purposes of the contract, any warranted contracting officer of the Military Sealift Command and its subordinate commands, including, but not limited to, Military Sealift Command Norfolk, shall serve as an ordering officer. Orders may be issued orally, by facsimile, or by electronic commerce. Each order issued orally shall be confirmed in writing within seven (7) business days and include information stipulated under FAR 16.505(a)(6).

5. TASK ORDERS POINT OF CONTACT (POC) FOR CONTRACTOR. Prior to contract award the successful offeror in response to the solicitation shall provide a single point of contact (POC) for all task orders issued under the resultant contract. The offeror shall provide a single name, mailing address, telephone number, facsimile number and email address. This POC shall be available to the contracting officer or his/her designated representative on a 24-hour emergency basis.

DESCRIPTION OF SERVICES

I.

SCOPE OF WORK

The Contractor shall provide lodging and transportation, as specified herein, to Civil Service Mariners (CIVMARs) assigned to the Military Sealift Command. The Contractor shall furnish necessary facilities including furniture, equipment and supplies, management, and supervision of the hotel labor force. Such facilities shall be located within a twenty-five mile driving radius of the main entrance to the Military Sealift Command (MSC) Training Center located at 1029 State Route 33, East Freehold, NJ 07728, using www.google.com. The commute time to the training facility from each hotel (primary and each overflow) must not exceed one hour each way during normal peak hours to and from the facility each weekday.

A. LODGING FACILITIES

The primary lodging facility must meet or exceed three Diamond hotel rating from the American Automobile Association (AAA). In addition to the primary facility, the contractor must have a minimum of two (2) overflow hotels that meet or exceed the AAA three Diamond hotel rating. The overflow hotels may be at different locations, however, each facility shall be located within the mileage/commute requirements stated above and shall provide the same or lower room-night rate as the primary lodging facility. The contractor shall provide a microwave and refrigerator in each CIVMARs guest room and maintain at least three (3) coin operated washers and three (3) coin operated dryers at each site. The contractor shall also provide free local telephone calls and a free, functional internet connection in each room. Facility shall not be under construction or major renovation during the performance period. The lodging facility must be within 1/8 mile distance of a public transportation designated stop OR the lodging facility must provide transportation to/from the nearest public transportation designated stop with set schedule OR the lodging facility must provide round trip shuttle service within a five (5) mileage driving radius with set schedule. Each occupant shall be given a key to his/her room at no charge and with no deposit fee. The primary facility will provide lodging to the majority (greater than 50%) of the CIVMARS at all times. The overflow facilities will only be used when the primary lodging facility exceeds its capacity. Overflow hotel properties may change through out the life of the contract as long as the properties meet all the requirements of the contract and are validated and approved in writing by the Contracting Officer Representative (COR) and Contracting Officer prior to any changes.

The Contractor shall provide hotel rooms when called for by the Contracting Officer or his/her designated representatives. The Contractor shall ensure a sufficient number of single rooms are available at all times to meet the Government’s needs. Based on previous history, the room nights vary from a minimum of 25 rooms per night to a maximum of 120 rooms per night. However, the Government estimate for rooms per night is 65 rooms per night. The length of stay varies. Check in times will generally be between 11:00 a.m. and 7:00 p.m., daily. If reservations are made in advance, every effort shall be made by the Contractor to provide a room within one hour of arrival. To the extent possible, the Government will make every effort to provide advance reservations. Occasionally there will be late arrivals and every effort shall be made by the Contractor to accommodate those CIVMARS arriving late. Each CIVMAR shall be entitled to a single room. CIVMARS will remain in the same facility from the day they check in until they check out with the exception of those moves at the request of the MSC POC based on availability of the contractor. CIVMARS may not be moved from one facility to another at the sole discretion of the contractor. Any contractor requested moves must be submitted in advance, with adequate justification, to the MSC TC-E Site Director for approval.

The quantities of single rooms actually occupied for lodging on any one day may vary depending upon the fluctuating number of CIVMARS attending training.

The Primary lodging facility and overflow facilities shall be subject to inspection and approval by the Contracting Officer’s Representative (COR) anytime after contract award and the Source Selection Evaluation Board (SSEB) prior to award. The lodging facilities shall have ready for examination all inspection approvals, certifications, licenses, and permits required by federal, state and local laws, rules and regulations, dealing with the operation of an establishment providing lodging and serving food/beverages to the public. All inspections, approvals, certificates, licenses and permits must be valid at the time of examination and remain so for the duration of contract agreement.

The Contractor shall provide a single room night rate per day, including all applicable taxes in the composite rate. However, generally, the U.S. Government is tax exempt. The total price for one unit of lodging shall not exceed the maximum per diem locality rate specified in the Joint Travel Regulations as amended.

Offeror shall include a list of known blackout dates during the period of performance of the contract, i.e. base and option periods, in which all or a portion of the CIVMARS residing in the hotel will need to be relocated due to pre-committed business. The offeror shall provide a statement if no blackout dates will be used. The contractor is still responsible for providing all lodging at overflow property or properties during blackout dates. No additional blackout dates shall be added after award of contract.

The Government estimates 23,600 single room nights to be utilized during the contract period base year. This is only an estimate. The Government is only liable for and will only pay for the actual number of rooms provided by the contractor.

DINING

The Contractor shall provide dining facilities for breakfast, lunch and dinner or there must be dining facilities within one half of a mile from the primary and each of the overflow hotels, including quick service restaurants and/or full service restaurants. In the event the on-site dining facilities are closed for breakfast, lunch, and/or dinner, there must be dining facilities within one half of a mile from the hotels (primary and overflow) which are open for service. Food Services located within the hotel facility (eating and drinking establishments and vending machines operated in conjunction with a hotel) shall be operated in compliance with Federal, State and Local Regulations.

FIRE AND SAFETY

Contractor shall provide verification that establishment is listed on the current Hotel-Motel National Master List as required by PL101-391.

Contractor shall provide an established plan to provide emergency medical treatment to seriously ill or injured persons lodged under the contract. Emergency telephone numbers shall be posted in each room. In the event hospitalization is required, the Contractor shall be responsible for making arrangements to transport the individual(s) to the hospital for appropriate treatment.

PREVENTION OF ILLEGAL ACTS

Contractor shall not permit gambling, drug use or sales, or illicit acts within his or her establishment. In the event an illegal act occurs, the Contractor shall provide a copy of the police report regarding the incident to the Contracting Officer.

LIABILITY

The Government shall not assume expenses incurred other than those prescribed in the contract. The government will not be responsible for hotel expenses for any rooms issued without the required proper identification at registration as required by MSC (See “DOCUMENTATION”). CIVMARS will assume responsibility for any additional expenses incurred for personal use and entertainment, (i.e., telephone use, pay per view cable television movies and/ or sports broadcasts, alcoholic beverage, or other extra hotel amenity charges). CIVMARS shall be directly responsible for such expenses and shall make payments directly to the hotel or motel. Damage to the hotel facility by the CIVMAR is the sole responsibility of the individual CIVMAR. Desk clerks shall explain this requirement for personal liability to the CIVMARS upon check-in.

SAFEGUARDING VALUABLES

The Contractor shall provide a means of storing and safeguarding (safe or vault) small, high value personal property of the occupants. Receipts must be furnished to the guests. Each occupant shall be notified at check-in that the hotel or motel will provide this service free of cost to the occupant. If the occupant elects to use this service, the hotel or motel is responsible for safeguarding small high value personal property.

HEALTH AND SANITATION

The lodging facility shall have ready for examination, all current inspection approvals, certificates, licenses and permits required by federal, state and local laws, rules and regulations, dealing with the operation of an establishment providing lodging and serving of food and beverages to the public. All inspections, approvals, certificates, licenses, and permits must be valid at the time of examination and remain so for the duration of the Government lodging and messing requirements.

The New Jersey Department of Health (DOH) Transient Lodging Inspection Report, being a public document, shall be available for public disclosure to government officials at all times.

Unannounced random habitability sanitation inspections may be conducted by the MSC POC, Alternate Contracting Officer’s Representative (ACOR), COR or Contracting Officer throughout the life of the contract to ensure compliance as specified in this contract. Additional inspections without notice will be conducted in response to complaints filed with the MSC medical department or MSC Contracting Office and COR, which directly affect the health and safety of the CIVMARS.

If the hotel is required by DOH to cease operations, under the provisions of the law, the contractor shall report these findings to the Contracting Officer or Contracting Officer’s Representative immediately.

Primary hotel and overflow hotels are required to have an onsite emergency generator in place, which will include the lighting of stairwells. Should a substantial and imminent health hazard be declared by the Agency and/or DOH, at the primary or overflow facilities, including but not limited to substantial power outage, water damage, fire damage, sewage backing up into food preparation and service areas, lack of refrigeration or lack of water, the contractor shall immediately notify the MSC POC, and advise the hotel’s plan to transfer all CIVMARS to one of the other approved facilities under contract until operations are resumed and authorized by DOH. A follow-up sanitation inspection may be conducted by MSC to confirm that health hazards have been eliminated and the contractor shall provide the government with a copy of the authorization to resume operations from state and local agencies as required. CIVMARS shall be entitled the same housekeeping standards as any other hotel guest. Limited housekeeping due to extended length of stay is not an option. CIVMARS who decline housekeeping in excess of two (2) consecutive days shall be reported to the MSC POC.

PARKING

Space shall be provided for a limited number of Government vehicles or officially hired rental cars at no cost to the Government. Free parking shall be provided for any CIVMAR staying at the hotel.

MAIL DISTRIBUTION

Mail shall be available for distribution daily at the front desk to CIVMARS.

B. TRANSPORTATION

To and from the Training Center

The Contractor shall provide each CIVMAR staying at the hotel transportation to the MSC Training Center and transportation back to the hotel on a daily basis whenever classes are scheduled, including weekends and Federal holidays, if required. The Contractor shall provide a single trip transportation rate per day, including all applicable taxes in the composite rate. However, generally, the U.S. Government is tax exempt. At a minimum, there will be at least 2 single trips each day (one from the hotel to the Training Center in the morning, and one from the Training Center back to the hotel in the afternoon). There could be times when more than one single trip is required each way, i.e. CIVMARS returning to the hotel in the afternoon in two or more groups based on class schedule.

The Contractor shall be responsible to coordinate travel arrangements on a daily basis with the Training Center Point of Contact in sufficient time to ensure timely logistical arrangements. The Training Center Director will determine the daily schedule for CIVMARS.

The contractor shall insure all CIVMARS arrive at the Training Center 15 minutes prior to the CIVMARs’ scheduled class start times to include any multiple pick-ups due to the use of overflow facilities.

The Contractor shall have a sufficient number of vehicles to support the program. All vehicles must be climate controlled with properly operating air conditioning and heating systems.

Contractor shall obtain the daily pickup and drop schedule from the Director of the Training Center or his designated representative. For planning purposes, the Contractor should assume there will be two drop offs in the morning and two pickups in the afternoon on each day. Exact times to be determined by the Director of the Training Center.

Most trips to and from the primary and overflow hotels to the Training Center will occur Monday through Friday. There may be requirements to transport CIVMARS on weekends and Federal Holidays.

The Government estimates the total number of single trips for transportation between the hotel(s) and the Training Center is 550 single trips per year during the contract period base year with an average of 60 persons per day (this number could fluctuate from 25-120 CIVMARS per day). This is only an estimate. The Government is only liable for and will only pay for the actual number of single trips between the hotel(s) and the Training Center that are provided by the contractor.

C. DOCUMENTATION

1. Identification of CIVMARS

The first day a CIVMAR checks in the hotel, the Contractor shall verify the identity of the person by his/her photo identification (ID) card to ensure MSC employment. Two forms of identification are required: (1) Merchant Mariner Document /Credential (MMD/MMC); and (2) Government Common Access Card (CAC).

2. Daily Sign in Rooming Roster

The Contractor shall maintain a daily Sign-in Record containing the name, pay code, date of birth, and Department for each CIVMAR assigned under the contract. The MSC POC will coordinate the proper format and requirements for submission upon award of contract. CIVMARS must sign by their name daily for each day they occupy a room during that week (CIVMAR may sign for Weekends and Federal Holidays on the preceding working day). The Contractor shall fax a copy of the daily sign in sheets to the designated MSC POC at the Training Center. Methods of collection and maintenance of sensitive information for the daily sign-in record must be in accordance with the Privacy Act of 1974.

3. Transportation Log

The contractor shall maintain a daily transportation log, which logs each trip and includes date, time, number of passengers, and destination to and from. A copy of each daily log for the respective billing periods must be included with each invoice submitted for payment.

D. RENOVATION AND MAJOR CONSTRUCTION OF HOTEL FACILITY

The contractor shall not lodge CIVMARs under the contract at a hotel facility that is under renovation and/or undergoing a major construction project. The contractor shall provide adequate lodging at the designated and approved overflow hotel facilities during such period. The determination as to whether improvements to the hotel facility constitutes a renovation and/or major construction project shall be left to the discretion of the Contracting Officer.

252.209-7997 252.209-7997 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—DoD Appropriations.

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—DoD APPROPRIATIONS (DEVIATION 2013-O0006) (DATE)

(a) In accordance with section 101(a)(3) of the Continuing Appropriations Resolution, 2013,(Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

06-AUG-2014

06-AUG-2014

06-AUG-2015

06-AUG-2015

06-AUG-2016

06-AUG-2016

06-AUG-2017

06-AUG-2017

06-AUG-2018

06-AUG-2018

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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

(a) Award will be made to that responsible, technically acceptable offeror with acceptable past performance whose proposal, conforming to the solicitation, has offered the lowest total evaluated price and is deemed to be responsible. The Government reserves the right to make an award based upon initial offers.

The total evaluated proposal price will consist of CLINs 0001, 0002, 1001, 1002, 2001, 2002, 3001,3002, 4001, 4002, 5001 & 5002. Contract award will be made for CLIN 0001 and 0002 with the Government having the unilateral right to exercise the remaining CLINs in accordance with FAR 52.217-9.

Any proposal with a rating of unacceptable for any sub-factor will result in the appropriate factor being rated unacceptable. Any offer rated unacceptable for any factor may be ineligible for award or will be excluded from the competitive range unless the deficiency is corrected through discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

(d) The past performance evaluation will assess the offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Report System (ESRS), other databases, questionnaires and interviews.

(1) The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the PWS, the source of the information, the context of the data and general trends in the offeror’s performance and any associated risk.

(2) The Government will consider the extent of the offeror’s ability to perform a previous contract successfully in the areas of; (a) quality of product or services; (b) timeliness or scheduling of supplies/deliveries; (c) business relations/customer satisfaction; (d) key personnel and staffing (including subcontractors); and (e) cost controls (COST CONTRACTS ONLY).

(3) The Government will consider the company itself, predecessor companies, key personnel who have relevant experience and subcontractors who will perform major or critical aspects of the requirement.

(4) For all offerors, the Government will consider historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns).

The Government reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Government reserves the right to contact references for verification or additional information and the right to consider other relevant past performance information. The Government may call customers, whether or not provided by the offeror, to inquire about the offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds with the information provided by the offeror. The burden of providing thorough and complete past performance information remains with the offeror.

In accordance with FAR 15.305(a) (2) (iv), an offeror without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

(2) Are conducted 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.

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 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 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.

(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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 (n) 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 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, for general statistical purposes, 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed…