XRAY_Solicitation.pdf

INFORMATION TO OFFERORS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This combined synopsis/solicitation is issued as a request for quote RFQ N32253-19-Q-0058.

In accordance with FAR 15.101-2, the Government intends to award a contract resulting from this solicitation to the responsible offeror who has the Lowest Price Technically Acceptable (LPTA) quote. This acquisition is set aside 100% for small business.

To evaluate technical acceptability, all offerors are required to submit a statement regarding their technical approach on completing the work in accordance with the Performance Work Statement.

All submittals should be provided as an attachment to the quotation in a separate word document, size 12 font, no more than 8 pages.

Submit written offers in accordance with the CLIN structure outlined in the announcement.

Please see descriptions in this solicitation on the CLIN structure and use the Not to Exceed (NTE) amounts for the appropriate CLINs.

Oral offers will not be accepted. All firms or individuals responding must be registered with the System for Award Management (SAM) (https://www.sam.gov). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-02TA, DFARS DPN 20190215, and NMCARS 18-05. North American Industrial Classification Standard (NAICS) 811219 and Size Standard of $20.5M apply to this procurement. Quotes are due to this office no later than 14 June 2019 10:00 AM, Hawaiian Standard Time. Quotes must be sent via e-mail to both the primary and secondary points of contact.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

2 Each

XRAY INSPECTION AND MAINTENANCE

FFP

Perform on-site inspection and maintenance of xray equipment in accordance with the attached PWS. This CLIN includes the travel for the maintenance visits.

FOB: Destination

PURCHASE REQUEST NUMBER: N3225319RC13014

PSC CD: J066

NET AMT

1 Job

XRAY Repair Emergency Services - Labor

FFP

This CLIN is for the services provided in an emergency repair visit. The labor rate will be determined at the time of award and the number of hours will be negotiated when emergency services are required. There is a NTE total of $4,600 in the base period.

FOB: Destination

Each

XRAY Repair Services - Parts

COST

This CLIN is for parts and materials. The cost of the parts will be reimbursed at cost. There is a NTE total of $4,000 in the base period for parts and materials.

ESTIMATED COST

Job

XRAY Repair Emergency Services - Travel

COST

This CLIN is for the cost of travel in an emergency visit. Travel shall be reimbursed in accordance with the terms of the contract and in accordance with Joint Travel Regulations. The NTE amount for the cost of travel for emergency visit in the base period is $7,390.

4 Each

OPTION XRAY INSPECTION AND MAINTENANCE

FFP

Perform on-site inspection and maintenance and of xray equipment in accordance with the attached PWS. This CLIN also includes the cost of travel for maintenance and repairs if needed.

FOB: Destination

2 Job

OPTION XRAY Repair Emergency Services - Labor

FFP

This CLIN is for the services provided in an emergency repair visit. The labor rate will be determined at the time of award and the number of hours will be negotiated when emergency services are required. There is a NTE total of $9,476 in the first option year period.

OPTION XRAY Repair Services - Parts

COST

This CLIN is for parts and materials. The cost of the parts will be reimbursed at cost. There is a NTE total of $5,000 in the option period one for parts and materials.

OPTION XRAY Emergency Repair - Travel

COST

This CLIN is for the cost of travel in an emergency visit. Travel shall be reimbursed in accordance with the terms of the contract and in accordance with Joint Travel Regulations. The total NTE amount for the cost of travel for up to two emergency visits in the first option period is $7,611.50.

FFP

Perform on-site inspection and maintenance and of xray equipment in accordance with the attached PWS. This CLIN also includes the cost of travel for maintenance and repairs if needed.

FOB: Destination

FFP

This CLIN is for the services provided in an emergency repair visit. The labor rate will be determined at the time of award and the number of hours will be negotiated when emergency services are required. There is a NTE total of $9,760.28 in the second option year period.

COST

This CLIN is for parts and materials. The cost of the parts will be reimbursed at cost. There is a NTE total of $5,150 in the option period two for parts and materials.

COST

This CLIN is for the cost of travel in an emergency visit. Travel shall be reimbursed in accordance with the terms of the contract and in accordance with Joint Travel Regulations. The total NTE amount for the cost of travel for up to two emergency visits in the second option period is $7,840.66.

FFP

Perform on-site inspection and maintenance and of xray equipment in accordance with the attached PWS. This CLIN covers cost of travel for maintenance and repairs if needed.

FOB: Destination

FFP

This CLIN is for the services provided in an emergency repair visit. The labor rate will be determined at the time of award and the number of hours will be negotiated when emergency services are required. There is a NTE total of $10,053.08 in the third option year period.

COST

This CLIN is for parts and materials. The cost of the parts will be reimbursed at cost. There is a NTE total of $5,304.50 in the option period three for parts and materials.

COST

This CLIN is for the cost of travel in an emergency visit. Travel shall be reimbursed in accordance with the terms of the contract and in accordance with Joint Travel Regulations. The total NTE amount for the cost of travel for up to two emergency visits in the third option period is is $8,075.26.

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2019 TO

03-NOV-2019

N/A PHNSY & IMF

TASHA K CHERAMIE

667 SAFEGUARD ST., STE. 100

JBPHH HI 96860-5033

808-473-8000

N32253

0002 POP 01-JUL-2019 TO

03-NOV-2019

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 04-NOV-2019 TO

03-NOV-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 04-NOV-2020 TO

03-NOV-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 04-NOV-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 04-NOV-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 04-NOV-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 04-NOV-2021 TO

03-NOV-2022

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 04-NOV-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 04-NOV-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 04-NOV-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

PWS

Performance Work Statement (PWS) X-Ray Equipment Repair & Maintenance Services for Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility

(PHNSY&IMF)

Vision Statement 1 Introduction

1.1 Mission

1.2 Background

1.3 Scope

2 General Requirements

2.1 Non-Personal Services

2.2 Business Relations

2.3 Contract Administration and Management

2.3.1 Contract Management

2.3.2 Contract Administration

2.4 Contractor Personnel, Disciplines, and Specialties

2.5 Location and Hours of Work

3 Performance Requirements

3.1 Inspect Equipment

3.1.1 Inspect X-Ray Systems

3.2 Epuipment Repair and Preventive Maintenance

3.2.1 Emergency Repairs

3.2.2 Parts

3.3 Reports and Invoices

4 Special Requirements

4.1 Security and Safety

4.1.1 Security

4.1.2 Safety

4.2 Transition

4.3 Government Furnished Materials

4.4 Quality

4.4.1 Quality Control

5 Deliverables 6 Enterprise-Wide Contractor Manpower Reporting Application 7 Points of Contact

N3225319Q0058

Performance Work Statement (PWS) Radiographic Inspection, Repair & Preventive Maintenance Service for Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF)

Vision Statement Establish and maintain radiographic inspection, equipment repair, preventive maintenance and if necessary, emergent repair services for PHNSY & IMF.

1 Introduction This Performance Work Statement (PWS) covers the details involving the inspection, preventive maintenance, periodic maintenance and if necessary, emergent repair of radiographic equipment located at PHNSY & IMF.

1.1 Mission

The purpose of this acquisition to provide the government with an inspection, repair and periodic maintenance of radiographic equipment assigned to Code 135, Non-Destructive Testing Lab on PHNSY

& IMF.

1.2 Background

PHNSY & IMF’s primary mission is to provide regional maintenance, at the depot and intermediate levels, to keep the surface ships and submarines of our nation's navy "Fit to Fight." As Hawaii’s regional maintenance center, capabilities include excellence in overhauling, repairing, converting, alteration, refurbishing, and decommissioning of Navy vessels. Code 135’s Non-Destructive Testing Lab must have the capability to conduct nuclear and non-nuclear inspections, develop and evaluate film, and process Hazardous Material (HAZMAT) / Hazardous Waste (HAZWASTE).

1.3 Scope

The contractor shall provide inspection, maintenance and repair of radiographic equipment for Code 135’s Non-Destructive Testing Lab.

2 General Requirements Upon award, the contractor shall provide inspection, maintenance and repair service to meet the needs of the government. The following sub-sections provide specific details of considerations for this effort.

2.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer Representative (COR) immediately.

2.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement.

The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between Code 135’s Technical Points of Contact (TPOCs), the COR, and the contractor's corporate offices.

2.3.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirements of the contract. The contractor shall respond to Government requests for action in a timely fashion. The contractor shall have a single point of contact between themselves and the government to support the contract.

2.4 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of employment of resources. The contractor shall provide a Point of Contact (POC) who shall be responsible for the performance of the work. The POC or alternate shall have full authority to act on behalf of the contractor on all contract matters relating to operations of this contract.

The contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.5 Location and Hours of Work

Accomplishment of the results contained in this PWS requires work at Code 135’s Non-Destructive Testing Lab, PHNSY & IMF, building 315 and/or 1770. The contractor shall be available for issues or concerns Monday through Friday, 0630-1500 Hawaii Standard Time (HST) except US federal holidays with the exception of extreme weather conditions. Due to emergent workload of Code 135, hours of work may be adjusted from 0630-1500 to 1430-2300.

3 Performance Requirements The following section specifies the performance objectives and performance elements for the contract.

3.1. Inspect Equipment

3.1.1 Inspect X-Ray Systems

The contractor shall inspect two (2) Pantak Seifert X-Ray systems two (2) times in the base period and four (4) times during the option year periods. Inspection of these systems consists of the following:

Safety Interlocks Lights Audible Alarm Systems “X-RAY ON” Signs (visibility) Enclosure Survey at 450 kilo-voltage peak (KVP), 10 milliamps (MA), (4500 watts) X-Ray Tube Socket X-Ray Tube Insulating Disks (replace as needed) High Voltage Cable Ends (re-dress and replace as needed) High Voltage Transformers (adjust as needed) Cooling System (adjust as needed) X-Ray Control and Power Supply

The contractor shall conduct a complete system test of each X-Ray system to include run up to the fully rated output of 450 kilo-voltage peak (KVP), 10 milliamps (MA), (4500 watts).

The contractor shall inspect and clean two (2) General Electric M-Eco Film Processors four times per year. Inspection of these systems consists of the following:

Detector Roller Assembly Roller Spacing (adjust, clean and correct, adjust tension) Squeegee Crossover (freedom of movement and wear) Roller Racks (freedom of movement and wear) Plumbing Connections (leaks) Flow Indicators Dryer System (cleanliness) Belts (wear and tension) Control Unit (confirm operational “standby” status)

3.2 Equipment Repair and Preventive Maintenance

3.2.1 Emergency Repairs

Upon telephone notification, the contractor shall respond to emergency repair requests as soon as possible. After notification, the contractor shall commence with emergency repairs as soon as possible or within a reasonable time if air travel is required. Emergency repair of equipment consists of troubleshooting, diagnostics, servicing and if necessary part replacement. The emergency repair shall enable the equipment to operate in its normal condition. Emergency repairs are as needed, and the expectation is one (1) emergency repair during the base period and up to two (2) emergency repairs during each of the option year periods.

The contractor shall arrange travel to PHNSY and lodging and any necessary arrangements to arrive and commence emergency repairs as soon as possible. Travel shall be reimbursed in accordance with the terms of the contract and in accordance with Joint Travel Regulations (JTR) rates and per diem.

3.2.2 Parts

The contractor shall use new parts during PM and repairs. All parts shall be warranted for 60 days. The contractor shall provide purchase receipts for all parts used with the repair report.

3.3 Reports & Invoices

The contractor shall provide a PM Service report that displays the following:

Inspections (by each x-ray system and film processor’s serial number) Repairs (by each x-ray system and film processor’s serial number) Parts installed and/or services rendered (by each x-ray system and film processor’s serial number) The contractor shall prepare and submit a written PM Service report within five (5) working days after each PM is completed. The contractor shall provide one (1) PM Service report to the TPOCs and COR five (5) business days after completion. Report shall be presented in MS Word or Adobe PDF format.

The contractor shall provide a copy of the invoice to COR by the 5th business day of each month. The contractor shall provide the invoice in Microsoft Word, Excel or Adobe PDF format.

4 Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Security and Safety

This section describes the security and safety for this effort. The following sub-sections provide details of various considerations on this effort.

4.1.1 Security

The contractor/instructor shall pass a background check to gain access onto the base. The contractor will coordinate with the TPOC or COR to obtain a gate pass at building 3455 Pass Office. It is not unusual for the pass process to take an hour or more. Contractor/instructor must be a U.S. Citizen and must pass a security background check. Only those individuals with favorable investigations shall be utilized on this contract. Prior to the start of work, the contractor shall provide the COR (on company letterhead) a request for access and include the following information – full name of all personnel working on this contract; Social Security number; date of birth, place of birth, and citizenship. The contractor shall state that information has been verified and shall have supporting records on file, if required for examination.

The contractor’s employees must be a U.S. Citizen and registered with the Defense Biometric Identification System (DBIDS).

Contractor personnel must meet the requirements for a green escort required badge for access to areas requiring services related to this contract. Escorted access to CNIAs and NWAs must be coordinated with the appropriate department’s security coordinator to ensure that the area is sanitized and the escort is properly briefed or familiar with the area. Contractors, subcontractors, and suppliers are advised that processing of white badges may take up to five (5) working days to complete.

4.1.2 Safety

Contractor Compliance: The contractor and its subcontractors shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E). These requirements shall be incorporated into the contractor's safety and health program. The Department of Defense (DOD) participates in the OSHA Voluntary Protection Program (VPP). Contractor personnel performing services on a DOD installation shall participate in the local VPP. Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html.

4.2 Transition

The contractor shall follow the transition plan submitted as part of the proposal and keep the Government fully informed of status throughout the transition period. The contractor must plan for the transfer of work control, delineating the method for processing and assigning tasks during the phase-out period.

4.3 Government Furnished Materials

No Government Furnished Materials will be provided.

4.4 Quality

This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.

4.4.1 Quality Control Plan (QCP)

The Contractor shall develop a Task/Delivery Order QCP and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which he assures himself that his work complies with the requirement of the contract.

The finalized QCP will be accepted by the Government at the time of the award of this requirement. The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Government's review and approval. The Government may find the QCP "unacceptable" whenever the Contractor's procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

5 Deliverables The contractor shall provide deliverable(s) as described and specified by the government. Format and delivery schedule for deliverable(s) shall be as identified in 3.3.

6 Enterprise-Wide Contractor Manpower Reporting Application The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site.

Contracted services excluded from reporting are based on Product Services Codes (PSCs). The excluded PSCs are:

W, Lease of Equipment;

X, Lease/Rental of Facilities;

Y, Construction of Structures and Facilities;

S, Utilities ONLY;

V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil".

7 Points of Contact The individuals listed below are the government points of contact for communication with the contractor:

TBD until award

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-7 Allowable Cost And Payment AUG 2018 52.216-11 Cost Contract--No Fee APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984 52.232-16 Progress Payments APR 2012 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991 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 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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:

(i) Technical capability;

(ii) Price

(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.

(End of provision)

ADDENDUM TO FAR 52.212-2

1. EVALUATION

a. Basis for Contract Award This is the Lowest Price Technically Acceptable (LPTA) evaluation conducted in accordance with (IAW) Federal Acquisition Regulation (FAR)13 Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil .

A contract may be awarded to the contractor who is deemed responsible in accordance with the FAR part 9.1, as supplemented, whose quote conforms to the solicitation’s requirements (to include all stated terms, conditions, representations and certifications, and is judged, based on the evaluation factors, to represent the lowest price technically acceptable quote.

b. Solicitation Requirements, Terms and Conditions Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

TABLE 1- TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote meets the requirement in the solicitation and PWS.

Unacceptable Quote does not meet the requirements in the solicitation and PWS.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.