SOLICITATION_N3225319R0010.pdf
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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-R-0010.
Submit written offers in accordance with the CLIN structure outlined in the announcement. 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)
2019-01, DFARS DPN 20180928, and NMCARS 18-04. North American Industrial Classification Standard (NAICS) 336611 and
Size Standard of 1250 employees apply to this procurement. Quotes are due to this office no later than 11 March 2019 07:00 AM, Hawaiian Standard Time. Quotes must be sent via e-mail to both the primary and secondary points of contact.
N3225319R0010
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 90.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each
Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
1.00 3.00
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and
CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 1.00 6.00
0002 1.00 6.00
0003 1.00 6.00
1001 1.00 6.00
1002 1.00 6.00
1003 1.00 6.00
2001 1.00 6.00
2002 1.00 6.00
2003 1.00 6.00
3001 1.00 6.00
3002 1.00 6.00
3003 1.00 6.00
4001 1.00 6.00
4002 1.00 6.00
4003 1.00 6.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
0001 1.00
1.00
0002 1.00
0003 1.00
1001 1.00
1002 1.00
1003 1.00
2001 1.00
2002 1.00
2003 1.00
3001 1.00
3002 1.00
3003 1.00
4001 1.00
4002 1.00
4003 1.00
ITEM NO SUPPLIES/SERVICES MAX
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
6 Job
Clean USN Submarine Sanitary Tank #1
FFP
In accordance with the requirements set forth in Attachment 1, the Contractor shall clean and gas free sanitary tank no. 1 of a U.S. Navy Los Angeles-Class
Submarine visiting or home ported at Pearl Harbor Naval Shipyard and
Intermediate Maintenance Facility (PHNSY & IMF).
In accordance with Attachment 1, "Sanitary Tank; clean and gas free," of paragraph 3.10.2, the contractor shall provide and maintain temporary storage of tank cleaning residuals from sanitary tank no. 1 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
FOB: Destination
PSC CD: J999
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
CLIN
Clean USN Submarine Sanitary Tank #2
FFP
In accordance with the requirements set forth in Attachment 2, the Contractor shall clean and gas free sanitary tank no. 2 of a U.S. Navy Los Angeles-Class
In accordance with Attachment 2, "Sanitary Tank; clean and gas free," of paragraph 3.8.2, the contractor shall provide and maintain temporary storage of tank cleaning residuals from sanitary tank no. 2 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.8.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.8.2 and 3.8.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
Clean USN Submarine Sanitary Tank #3
FFP
In accordance with the requirements set forth in Attachment 3, the Contractor shall clean and gas free sanitary tank no. 3 of a U.S. Navy Los Angeles-Class
In accordance with Attachment 3, "Sanitary Tank; clean and gas free," of tank cleaning residuals from sanitary tank no. 3 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
OPTION Clean USN Submarine Sanitary Tank #1
FFP
In accordance with the requirements set forth in Attachment 1, the Contractor shall clean and gas free sanitary tank no. 1 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 1 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
OPTION Clean USN Submarine Sanitary Tank #2
FFP
In accordance with the requirements set forth in Attachment 2, the Contractor shall clean and gas free sanitary tank no. 2 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 2 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.8.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.8.2 and 3.8.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
OPTION Clean USN Submarine Sanitary Tank #3
FFP
In accordance with the requirements set forth in Attachment 3, the Contractor shall clean and gas free sanitary tank no. 3 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 3 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 1, the Contractor shall clean and gas free sanitary tank no. 1 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 1 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 2, the Contractor shall clean and gas free sanitary tank no. 2 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 2 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.8.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.8.2 and 3.8.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 3, the Contractor shall clean and gas free sanitary tank no. 3 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 3 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 1, the Contractor shall clean and gas free sanitary tank no. 1 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 1 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 2, the Contractor shall clean and gas free sanitary tank no. 2 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 2 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.8.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.8.2 and 3.8.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 3, the Contractor shall clean and gas free sanitary tank no. 3 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 3 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 1, the Contractor shall clean and gas free sanitary tank no. 1 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 1 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 2, the Contractor shall clean and gas free sanitary tank no. 2 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 2 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.8.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.8.2 and 3.8.3 is required after the ninety (90) calendar day period.
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
In accordance with the requirements set forth in Attachment 3, the Contractor shall clean and gas free sanitary tank no. 3 of a U.S. Navy Los Angeles-Class tank cleaning residuals from sanitary tank no. 3 while awaiting waste water sample laboratory result for ninety (90) calendar days. In accordance with paragraph 3.10.3, while awaiting disposal, the contractor shall inspect the tank daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_____/day (Please include dollar value) when the Government determines that the performance of paragraphs 3.10.2 and 3.10.3 is required after the ninety (90) calendar day period.
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
ADDENDUM TO FAR 52.212-1
(a) Offerors shall complete and submit the following provisions available in the solicitation:
a. FAR 52.212-3 Alt I (Offeror Representations and Certifications-Commercial Items); an offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.sam.gov/portal/public/SAM/
b. DFARS 252.247-7022 (Representation of Extent of Transportation by Sea)
(b) Offerors shall comply with the instructions in FAR 52.212-1, except as noted below:
a. Submit offers by email to jodie.onaga-nuttall@navy.mil and joseph.p.stephenson@navy.mil by the time and date specified in the solicitation.
b. Submit offers on the RFQ.
c. Government may require the offeror's breakdown of price. Offerors shall submit them upon Government's request.
(End of provision)
MINIMUM GUARANTEE
Minimum guaranty: 1 order
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
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
4003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2019 TO
31-MAR-2020
N/A PEARL HARBOR NAVAL SHIPYARD &
IMF
MICHAEL KOUCHI
667 SAFEGUARD ST., STE 100,
JBPHH HI 96860-5033
808-473-8000 EXT 2389
N32253
0002 POP 01-APR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-APR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2020 TO
31-MAR-2021
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-APR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-APR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-APR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-APR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-APR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-APR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-APR-2023 TO
31-MAR-2024
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-APR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
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
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management 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
52.204-17 Ownership or Control of Offeror 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
52.204-20 Predecessor of Offeror JUL 2016
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017
52.207-1 Notice Of Standard Competition MAY 2006
52.209-5 Certification Regarding Responsibility Matters OCT 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law
FEB 2016
52.211-17 Delivery of Excess Quantities SEP 1989
52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION
2018-O0018)
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.217-4 Evaluation Of Options Exercised At The Time Of Contract
Award
JUN 1988
52.217-5 Evaluation Of Options JUL 1990
52.219-1 Small Business Program Representations OCT 2014
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2019-O0003).
DEC 2018
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-22 Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals -- Representation.
DEC 2016
52.225-18 Place of Manufacture AUG 2018
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-23 Assignment Of Claims MAY 2014
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989
52.243-1 Changes--Fixed Price AUG 1987
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
52.247-34 F.O.B. Destination NOV 1991
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.252-3 Alterations in Solicitation APR 1984
52.252-4 Alterations in Contract APR 1984
52.252-5 Authorized Deviations In Provisions APR 1984
52.253-1 Computer Generated Forms JAN 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
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
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
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.215-7007 Notice of Intent to Resolicit JUN 2012
252.215-7008 Only One Offer OCT 2013
252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
252.217-7027 Contract Definitization DEC 2012
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
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.246-7003 Notification of Potential Safety Issues JUN 2013
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(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 System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Factor 1 - Technical Information
Minimum Acceptability Standards:
Statement of Compliance/Exceptions IAW instructions contained in FAR 52.212-1 and the terms of this solicitation.
Qualifications/Proof of U.S. Citizenship IAW instructions contained in FAR 52.212-1 and the terms of this solicitation.
Factor 2 – Past Performance
Past performance will be evaluated based on subfactor 1- relevance (scope, complexity, and magnitude) and subfactor 2-quality of work to include on time completions.
Relevance:
Scope: How similar is the contract to the current requirement (i.e. work performed on US Navy submarines).
Complexity: How complex were the technical requirements of the contract as compared to the current solicitation.
Magnitude will be evaluated on the total amount of work actually performed under the contract. For any contract reviewed, the evaluators will consider the full value of the period of performance, to include option years, if any, and will be evaluated based on how closely the dollar value of the submitted contract approaches the estimated value of this procurement.
Please limit Past Performance to recent three (3) contracts outlining relevancy.
Factor 3 – Price Submission Information
Price analysis techniques will be used to evaluate an offeror’s proposed price. Price will be evaluated for the value offered for the price, and the extent to which it is fair and reasonable.
The non-price factors are Technical Information and Past Performance. For non-price factors, Technical Information and Past Performance are equal in importance. The non-price factors, when combined, are significantly less important than 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.
https://www.sam.gov/
EVALUATION SCORING/RATING:
Factor 1 – Technical Information: In accordance with the requirements set forth in Attachments 1, 2, &3, the offeror’s Technical Information submission will be evaluated on the basis of applicability to the scope of work and solicitation (i.e. completeness, level of detail and ability to meet the requirements of the scope of work). The
Government will evaluate each offeror’s written Technical Information submission Acceptable (A) or Unacceptable
(U) in accordance with the following definitions:
Acceptable (A) ALL of the minimum acceptable standards are clearly met by the submission. The offeror’s submission meets the performance and technical capability requirements defined in the scope of work and solicitation
Unacceptable (U) Not all of the minimum acceptable standards are met by the proposal. Submission fails to meet specified minimum performance and technical capability requirements defined in the scope of work and solicitation.
Note: Only those offerors that are determined Technically Acceptable under Factor 1 – Technical Information will be evaluated under the remaining Factors.
Factor 2, Sub-factor 1 – Past Performance Information (Relevancy): The Contracting Officer and evaluation team will conduct a relevancy review of the submitted contracts as described below. Contracts found "not relevant" will be rated as "Neutral" for relevancy. The Contracting Officer and evaluation team will use their best judgment throughout the past performance evaluation process.
Contracts will be evaluated as relevant, somewhat relevant, or not relevant based on the following guidance:
Relevant Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant/ Neutral Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. If no past performance is submitted this rating applies.
Factor 2, Sub-factor 2- Past Performance Information (Quality): evaluation criteria will be subject to the following adjective scores/ratings.
Exceptional (E) Performance meets contractual requirements and exceeds many to the Government’s benefit.
The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective action taken by the contractor was highly effective.
Very Good (VG) Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective action taken by the contractor was effective.
Satisfactory (S) Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
Marginal (M) Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.
Unacceptable (U) Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.
Factor 3 – Price Submission Information: The offeror’s price submittal will be evaluated on the basis of price reasonableness. The evaluation may include, but is not limited to:
Price comparison with offerors;
Completeness; all pricing information as requested in the solicitation; and
Comparison to independent Government cost estimate.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--https://www.sam.gov/
(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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, 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.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term
“successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted 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 will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
http://www.sam.gov/
(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.
(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.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal
Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR
Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any…
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