Solicitation N40442-11-R-6004 CSU-East Civilian Mariner Lodging.doc

Section SF 1449 - CONTINUATION SHEET

SPECIAL CONTRACT REQUIREMENTS

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

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

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

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

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

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

Virginia – WD 97-0026 (Rev.-28)

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

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

DESCRIPTION OF SERVICES

I. SCOPE OF WORK

The Contractor shall provide lodging as specified herein, to Civilian Mariners (CIVMARS) assigned to the Military Sealift Fleet Support Command (MSFSC), CSU-E, Norfolk, VA. The Contractor shall furnish necessary facilities, including furniture, equipment and supplies, management, and supervision of the hotel labor force. Such facilities shall be located within a twenty-five (25) mile radius of CIVMAR Support Unit-East (CSU-E), Bldg SP-312, 518 A Street, Naval Station, Norfolk VA 23511-2419, using www.google.com, AND excludes any hotel separated from the base by a tunnel. The commute time from each hotel (primary and each overflow) must not exceed one hour each way during normal peak traffic hours Monday through Friday. The scope of this contract does not include lodging for ship repairs in excess of 30 days. In these cases, the government reserves the right to place these Mariners in long term accommodations. This exclusion also applies to all option years and periods of this requirement if exercised.

A. LODGING/FACILITIES

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

The Contractor shall provide hotel rooms when called for by the Contracting Officer or his/her designated representatives. The Contractor shall ensure a sufficient number of single rooms are available at all times to meet the Government’s needs. Based on previous history, the room nights will vary with an estimated average of 120 rooms per night, to as many as 200 rooms per night. Reservations will be made in advance of arrival of the hotel guests by the MSFSC CSU-E designated POC. The length of a CIVMARs stay varies. Each CIVMAR shall be entitled to a single room. Mariners will remain in the same facility from the day they check in until they check out with the exception of those moves at the request of the MSFSC POC based on availability of the contractor. Mariners may not be moved from one facility to another at the sole discretion of the contractor. Any contractor requested moves must be submitted in advance, withadequate justification, to the MSFSC CSU-E Director for approval.

During New Hire orientation week, the contractor will room the New Hires at the same facility and not split the New Hires up between the primary and the overflow facilities. The New Hire rooms will be reserved in advance by MSFSC.

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

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

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

The Government estimates 50,000 single room nights to be utilized during the contract period base year. This is only an estimate. The Government is only liable for and will only pay for the actual number of rooms provided by the contractor.

DINING

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

FIRE AND SAFETY

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

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

PREVENTION OF ILLEGAL ACTS

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

LIABILITY

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

SAFEGUARDING VALUABLES

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

HEALTH AND SANITATION

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

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

If the hotel is required by Department of Health (DOH) to cease operations, under the provisions of the law, the contractor shall report these findings to the Contracting Officer or COR immediately.

Should a substantial and imminent health hazard be declared by the Agency and/or DOH at the primary or overflow facility, including but not limited to substantial fire damage, sewage backing up into food preparation and service areas, lack of refrigeration or lack of water, the contractor shall immediately transfer all mariners to one of the other approved facilities under contract until operations are resumed and authorized by DOH. A follow-up sanitation inspection may be conducted by MSFSC to confirm that health hazards have been eliminated and the contractor shall provide the government with a copy of the authorization to resume operations from state and local agencies as required

Mariners shall be entitled the same housekeeping standards as any other hotel guest. Limited housekeeping due to extended length of stay is not an option. Mariners who decline housekeeping in excess of two (2) consecutive days shall be reported to the MSFSC CSU-East Site Manager.

PARKING

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

MAIL DISTRIBUTION

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

B. DOCUMENTATION

Identification of Mariners

The first day a Civilian Mariner checks in the hotel, the Contractor shall verify the identity of the person by his/her photo identification (ID) card to ensure MSFSC employment. Two forms of identification are required: (1) Merchant Mariner Document/Credential (MMD/MMC); and (2) Government Common Access Card (CAC). Reservations will be made in advance for newly hired mariners reporting for initial training who do not have a CAC Card.

Daily Sign in Rooming Roster

The Contractor shall maintain a daily Sign-in Record containing the name, last four digits of Social Security Number, and Department for each Civilian Mariner assigned under the contract. The MSFSC POC will coordinate the proper format and requirements for submission upon award of contract. Mariners must sign by their name daily for each day they occupy a room during that week (Civilian Mariners may sign for Weekends and Federal Holidays on the preceding working day). The Contractor shall fax a copy of the daily sign sheets to the designated MSFSC CSU-East POC. Methods of collection and maintence of sensitive information for the daily Sign-in Record must be in accordance with the Privacy Act of 1974.

II. DEFINITIONS

Military Sealift Fleet Support Command (MSFSC). The United States Navy Requiring Activity.

Civilian Mariner (CIVMAR). Federal civil service personnel employed by Military Sealift Command (MSC) to work on vessels operated by MSC.

CIVMAR Support Unit-East (CSU-E). Coordination location for the sea duty and training assignments of CIVMARs.

Contracting Officer (KO). The only individual authorized to enter into, modify, administer or terminate contracts and make related determination and findings for the Government.

Contracting Officer’s Representative (COR). Individual appointed by the Contracting Officer to assist the Contracting Officer in the technical managing and administrative functions of the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. Does not have the authority to enter into, modify, administer or terminate contracts and make related determination and findings for the Government.

Ordering Officer. Individual or position authorized under the contract to issue task orders for rooms against the contracts. Typically, the ordering officer and the contracting officer are synonymous.

ADDENDUM TO 52.233-2

Interested parties may request an independent review of their protest as an alternative to consideration by the contracting officer or as an appeal of the contracting officer's decision on their protest. See FAR 33.103. Requests for independent review shall be addressed to Code N10 or N10X, Military Sealift Command, 914 Charles Morris Ct SE, Washington Navy Yard, DC 20398-5540. MSFSC encourages potential protesters to discuss their concerns with the contracting officer prior to filing a protest.

CIVMAR HOTEL LODGING--NORFOLK AREA

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 120 - 200 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 18 JAN 2012 - 17 JAN 2013. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 50,000.

FOB: Origin

ESTIMATED

NET AMT

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 120 - 200 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 18 JAN 2013 - 17 JAN 2014. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 50,000.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 120 - 200 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 18 JAN 2014 - 17 JAN 2015. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 50,000.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 120 - 200 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 18 JAN 2015 - 17 JAN 2016. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 50,000.

ESTIMATED

FFP

CONTRACTOR TO PROVIDE A UNIT PRICE/ROOM RATE FOR LODGING FOR AN ESTIMATED 120 - 200 CIVILIAN MARINERS (CIVMARS) PER DAY FOR THE REQUIRED PERIOD OF 18 JAN 2016 - 17 JAN 2017. UNIT PRICE/ROOM RATE TO INCLUDE ALL APPLICABLE TAXES. EXTENDED AMOUNT IS CALCULATED BY MULTIPLYING YOUR SINGLE ROOM RATE/UNIT PRICE BY A QUANTITY OF 50,000.

ESTIMATED

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

17-JAN-2013

17-JAN-2014

17-JAN-2015

17-JAN-2016

17-JAN-2017

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

I. General Instructions

Offerors shall submit proposal in three separate volumes:

Volume I: Technical Proposal

Volume II: Past Performance Proposal Volume III: Price Proposal

Volumes I, II and III shall each be presented on or before the closing date and time, Tuesday, November 15, 2011 2:00 pm Eastern Standard Time, of the solicitation in separate sealed binders marked for Solicitation N40442-11-R-6004. Proposals shall be submitted in one (1) original and two (2) copies plus an electronic copy (CD). Proposals not in conformance with this requirement may be deemed unacceptable.

Prior to the time of solicitation closing date, offerors’ shall submit to the address specified in Block 9 (Attn: Kate M. Petti). Offerors shall complete Blocks 12, 17, 23, 24, and 30 of SF 1449 and include the completed SF 1449 in the Volume III: Price Proposal.

Offeror’s questions in response to the solicitation must be submitted to the Contracting Officer in writing via email to kate.petti@navy.mil no later than two weeks prior to the closing date of the solicitation. The Contracting Officer or his/her technical representative shall not accept verbal requests for information.

Volume I: Technical Proposal

The Procuring Contracting Officer (PCO) and Technical Evaluation Board (TEB) shall evaluate the Technical Proposal as a factor for award for both the prime facility and the overflow facilities. In addition, an on-site inspection will be conducted by the Source Selection Evaluation Board (SSEB) for each offeror's prime and overflow facilities prior to contract award for the purposes of validating select portions of the Technical Proposal submissions. Evaluation criteria for technical proposals are listed below and Subfactors I, II and III are of equal importance.

The Technical Proposal shall not exceed 30 text pages and must demonstrate an understanding of the ability to meet all of the requirements covered in the statement of work. The proposal should demonstrate how the offeror will comply with the Government’s requirements throughout the performance period. Data previously submitted or presumed to be known, i.e., description of previous contracts for the Government, cannot be considered as a part of the proposal, unless physically incorporated into the proposal. Your proposal must contain all items required below for both the prime facility and the overflow facilities:

subfactor I: General Requirements of Primary and Overflow Hotels

1. Provide a current copy of your AAA 3 Diamond hotel rating certification for the primary and overflow facilities.

2. Provide name and address of the primary facility and at least two overflow facilities. The hotels can be at different locations; however, each facility must be located within a twenty-five (25) mile radius of the CIVMAR Support Unit-East (CSU-E), Bldg SP-312, 518 A Street, Naval Station, Norfolk VA 23511-2419.

3. Provide twenty-five (25) mile radius justification of each hotel facility using www.google.com website.

4. Provide commute time to and from each hotel facility not to exceed one hour each way during normal peak traffic hours.

5. Provide statement that each hotel facility will not be separated from the base by a tunnel.

6. Provide the distance in miles from each hotel facility to the nearest public transportation designated stop.

7. Provide number of rooms at each facility, size of rooms, and how many rooms are designated smoking and non-smoking rooms.

8. Provide a statement that each mariner’s guest room will be equipped with a microwave and refrigerator, at no additional charge.

9. Provide a statement of how many functional coin operated washers and dryers will be provided on-site at each facility.

10. Provide a statement that each facility will provide free local telephone calls.

11. Provide a statement that each facility will provide a free, functional internet connection in each room.

12. Provide a statement that each facility will not be under construction or major renovation during the performance period.

13. Provide a statement that each mariner will remain in the same hotel facility from the day they check in until they check out, with the exception of those moves at the request of the MSFSC POC based on availability of contractor.

14. Provide statement that dining facilities are available on premises for breakfast, lunch, and dinner and the restaurant dining hours, or that dining facilities are within one half mile of each hotel facility, and the names of these eating establishments.

15. Provide vendor’s DUNS number and confirm registration is valid in Central Contractor Registration (CCR) www.ccr.gov

16. Confirm whether the vendor’s representations and certifications are available at http://orca.bpn.gov.

17. Provide statement that parking will be provided at each facility at no charge to each mariner staying at the hotel.

subfactor II: Primary and OVERFLOW Hotels’ Fire and Safety Policies and

Procedures

1. For Fire and Safety Issues, provide verification that establishments are listed on the current Hotel-Motel National Master List as required by PL101-391 http://www.usfa.dhs.gov/applications/hotel

2. Provide plan for each facility to ensure prevention of illegal acts within establishment.

3. Provide security plans, methods and equipment used at each facility. Address security of personal property, personal rooms, access to interior of building and grounds, and lighting of interior and exterior passageways and grounds.

4. Provide statement addressing means of storing and safeguarding personal property of the occupants at each facility.

5. Provide policies and procedures regarding overnight guests in the room (including additional charges, if any).

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

subfactor III: Health and Sanitation of Primary and Overflow Facilities ** All inspections, approvals, certifications, licenses and permits must be valid at the time of examination and submitted with your proposal. **

1. Provide each facility’s housekeeping practices

2. Provide current Pest Control Service Agreement for each facility, which clearly states what type of services are provided, how often services are provided, and the agreement beginning and ending dates.

3. Provide copy of most current Pest Control Service Inspection Report for each facility.

4. Provide copies of each hotel’s Business License, as well as Business Licenses for each onsite eating establishment(s) and swimming pool(s), as applicable.

5. Provide current copy of the Virginia Department of Health (DOH) Permit for each hotel facility, restaurant, and swimming pool, as applicable.

6. Provide copy of most current Virginia Department of Health (DOH) Inspection/Evaluation Report for each hotel facility, i.e. hotel - Transient Lodging Establishment Evaluation Report, restaurant – Foodservice Establishment Evaluation Report, and swimming pool - Recreational Water Establishment Evaluation Report, as applicable.

Volume II: Past Performance Proposal The Past Performance factor will be evaluated by the PCO and the Past Performance Evaluation Board (PPEB) as a factor for award and used to evaluate offerors’ ability to perform the contract successfully. There are two aspects to the past performance evaluation. The first is to evaluate whether the offeror’s past performance as a prime or subcontractor on a Government/Commercial contract is relevant and recent to the effort to be acquired.

Relevant is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance. The Government reserves the right to determine the relevancy of such information and to verify statements and representations made in an offeror’s proposal.

Recent is defined as contract completion within the last three (3) years.

The second aspect is to determine how well the contractor performed on the contracts considered relevant and recent, and will be rated on an “Acceptable” or “Unacceptable” basis.

The Government may review past performance information provided by the offeror, as solicited; and/or past performance information obtained from any other sources available to the Government to include, but not limited to, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; and/or interviews with Program Managers, Contracting Officers, and Fee-Determining Officials; the Defense Contract Management Agency, and any other officials which may have information on the contracts submitted for evaluation.

To determine how well the contractor performed on the contracts considered relevant and recent, the following Past Performance subfactors shall be evaluated either via PPIRS or by contacting the POC provided by the offeror in the past performance proposals (Subfactors are of equal importance):

SUBFACTOR I:

Quality of product or service

SUBFACTOR II:

Timeliness or Scheduling of Services

SUBFACTOR III:

Subcontractor Management

SUBFACTOR IV:

Recommendation (Willingness to recommend the selection of this offeror again) Offerors shall submit the following minimum information in their past performance proposal for their three (3) most recently awarded Government and/or commercial contracts for the same or similar services:

Contract Number:

Government Agency/Organization Serviced:

Services Provided under Contract:

Contract start date:

Final contract price:

Performed as Prime: ___ Subcontractor:___ Volume III: Price

The PCO will evaluate price. The offeror’s proposed price will be evaluated on the basis of price reasonableness in accordance with FAR Subpart 15.404-1(b).

Price proposals will be due on the closing date of the RFP. Offerors are required to complete the SF 1449 and schedule of services. A separate unit price and extended price must be submitted for each contract line item number (CLIN) including the base period and all option periods. An offeror’s representations and certifications, i.e. reps and certs, shall be included in the price proposal. Offerors are encouraged to register their representations and certifications online at https://orca.bpn.gov/login.aspx and provide confirmation in the price proposal of the registration, as opposed to providing a hard copy of the reps and certs.

The Contractor shall provide a fully burdened single room rate for each CLIN, including, but not limited to, direct costs, indirect costs, profit and applicable taxes. However, generally the U.S. Government is tax exempt. The total price for one unit of lodging shall not exceed the maximum per diem locality rate specified in the Joint Travel Regulations. The overflow hotels’ rate must not exceed that provided by the primary facility.

Upon contract award, the Government shall provide the successful offeror an endorsed Government tax exemption certificate.

A. EVALUATION—COMMERCIAL ITEMS

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

B. EVALUATED PRICE

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

C. FAR 52.217-5 EVALUATION OF OPTIONS

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

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

(a) Definitions. As used in this provision:

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

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

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

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

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

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

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

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

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

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

(ii) It ( ) 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern 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 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)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ------------. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(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 $100,000.) 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…