Combined_Syn-Sol_N6264920Q0016.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/).

The RFQ number is N6264920Q0016. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at these addresses:

· http://acquisition.gov/far/

· http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

The NAICS code is 333517, for Gasket Cutting Machine. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Quoters may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

CLIN 0001 – GASKET CUTTING MACHINE

PRICE SHALL INCLUDE ALL COSTS.

Required Delivery Date: 30 September 2020 See the below Specification for details.

QTY 1 Group x @ ¥ or $__________. = ¥ or $__________.

SPECIFICATION

1. General

a. The contractor shall provide one (1) new Gasket Cutting Machine to Boiler Shop X41, Bldg. 1922, Ship Repair Facility and Japan Regional Maintenance Center (SRF-JRMC), U.S. Naval Base Yokosuka.

b. The Gasket Cutting Machine (hereinafter referred to as “the equipment”) shall be used to fabricate gaskets from various sheet materials.

c. Available power source: 210 VAC, 50Hz, 3 Phase, 100A

d. Unless otherwise specified herein, the contractor shall furnish all labor, materials, equipment, and transportation.

e. When the contractor will select any equivalents instead of specified model, the contractor shall provide product information of the equivalents.

2. Reference

(a) The Code of Federal Regulations 29 CFR 1910 – Occupational Safety and Health Standards

(b) National Fire Protection Association (NFPA)

(1) NFPA 70 - National Electric Code

(2) NFPA 79 - Electrical Standards for Industrial Equipment

3. Enclosure

(1) CURRENT LAYOUT

(2) LAYOUT AFTER INSTALLATION

4. Existing equipment The following existing equipment are located in accordance with Enclosure (1).

a. Existing Gasket Cutting Machine Manufacturer: ATOM S.P.A Model No.: FLASHCUT FLEX 1515 S Serial No.: 10068984-2 External size: 117”(W) x 102”(D) x 120”(H)

b. Air compressor Manufacturer: Fuji Compressor CO., Ltd.

Model No.: NLP-55RD Serial No.: 12D717 External size: 42”(W) x 26”(D) x 54”(H)

c. Air tank Manufacturer: Fuji Compressor CO., Ltd.

Model No.: PS1-220L External size: 24”(W) x 24”(D) x 63”(H)

5. Minimum requirement

a. Work size: Minimum 86”(W) x 114”(D) x 2.25”(T)

b. Occupied area of the equipment including work/maintenance space shall not exceed 151”(W) x 201”(D).

c. To have oscillated knife head, milling head, and press formation head.

d. Requirements of the oscillated knife head

(1) Travel speed: 28 inch/sec or higher, adjustable

(2) Processable material and maximum thickness

(a) Garlock 3125SS, graphite, stainless steel foil inserted, Thickness: 0.125”

(b) HH-P-31 TY-1, CL-1 Grass fiber fabric, stainless steel wire interwoven, Thickness: 0.375”

(c) Rubber sheet, 40 to 90 duro hardness, Thickness: 0.375”

(d) UNAFLEX #96, SBR rubber, nylon inserted, Thickness: 0.25”

(e) Styrofoam, Thickness: 2.25”

(f) Foamed polyurethane, Thickness: 2.25”

(g) Foamed rubber, Thickness: 2.25”

(h) Cork and rubber sheet, Thickness: 0.375”

(i) Cardboard, Thickness: 0.25”

(j) Leather for gasket, Thickness: 0.1875”

(k) PTFE, Thickness: 0.125”

(l) Soft PVC sheet, Thickness: 0.0625”

e. Requirements of milling head

(1) Travel speed: 28 inch/sec or higher, adjustable

(2) Rotation speed: 60000 rpm at maximum, adjustable

(3) Processable material and maximum thickness

(a) Acrylic plate, Thickness: 0.625”

f. Requirements of the press formation head

(1) Travel speed: 28 inch/sec or higher, adjustable

(2) Capable of making indentation for folding on cardboard and corrugated plastics (maximum thickness: 0.25”).

g. To have vacuum table to fix the materials. Vacuuming section shall be controllable.

h. To have laser pointer to adjust original point.

i. To have vacuum dust collector to collect cutting dust.

(1) Flow rate: 3,000 liter/min or higher

(2) Duct velocity: 20 meter/sec or higher

j. Requirements of CNC Controller

(1) Functions

(a) 3-axes simultaneous control

(b) Free design of cutting shape

(c) Easy design function of flange gasket by inputting O.D., I.D., B.C.D, bolt hole diameter, and number of bolt hole

(d) Capable of memorizing cutting shapes

(e) Automatic parts arrangement

(2) Input language and display language: Japanese

(3) Unit of input: inch

(4) Minimum input increment: 0.005” or finer

(5) All software shall be applicable with Windows 10.

(6) To have CD/DVD drive.

(7) The CNC Controller will not be connected to any network.

(8) Any wireless communication shall not be allowed.

(9) The CNC Controller shall be provided with maintenance support for one (1) year.

k. The contractor shall provide the following accessories.

(1) Cutter blade, standard triangle, VBH-27x10x0.6T20DW (Mfr: A-undow) or equivalent, Qty: 30EA

(2) Cutter blade, hard triangle, VBH-27x10x0.6T20BW-FW08 (Mfr: A-undow) or equivalent, Qty: 30EA

(3) Cutter blade, single edge, 07-DV1248-1 (Mfr: A-undow) or equivalent, Qty: 30EA

(4) Cutter blade, sharp edge, C0209-1 (Mfr: A-undow) or equivalent, Qty: 30EA

(5) Cutter blade, sharp edge, tip blunted, VBH-32.7x6.3x1.55T3-DW (Mfr: A-undow) or equivalent, Qty: 30EA

(6) Cutter blade, 40mm slim edge, VBS-54x6.4x1T (Mfr: A-undow) or equivalent, Qty: 30EA

(7) Cutter blade, 60mm slim edge, VBS72x6.4x1T25DW-FW35 (A-undow) or equivalent, Qty: 30EA

(8) Cutter blade, 60mm sawed edge, A0354-1 (Mfr: A-undow) or equivalent, Qty: 10EA

(9) Cutter blade, 60mm straight edge, PD60B (Mfr: A-undow) or equivalent, Qty: 10EA

(10) Square endmill for plastic, cutting diameter: 3mm, 827-2205-900 (Kanefusa) or equivalent, Qty: 10EA

(11) Square endmill for plastic, cutting diameter: 6mm, 827-2239-900 (Kanefusa) or equivalent, Qty: 10EA

(12) Square endmill for plastic, cutting diameter: 10mm, 827-2255-900 (Kanefusa) or equivalent, Qty: 10EA

(13) Ball endmill for plastic, cutting diameter: 6mm, 827-A120-900 (Kanefusa) or equivalent, Qty: 10EA

(14) Ball endmill for plastic, cutting diameter: 10mm, 827-A121-900 (Kanefusa) or equivalent, Qty: 10EA

(15) Chamfer endmill, tip angle: 90°, cutting diameter: 6mm, CC series (Fukuda Seiko) or equivalent, Qty: 10EA

(16) Chamfer endmill, tip angle: 90°, cutting diameter: 20mm, CM series (Fukuda Seiko) or equivalent, Qty: 10EA

(17) Key groove endmill, cutting diameter: 22.5mm, cutting length: 5mm, P313231-22.5X5 (Walter) or equivalent, Qty: 3EA

(18) Press formation tool for cardboard, Qty: 3EA

(19) Press formation tool for 3-layered cardboard, Qty: 3EA

(20) Press formation tool for corrugated plastic, Qty: 3EA

(21) Chipboard sheet for milling work, JUD39 (A-undow) or equivalent, Qty: 10EA

(22) Table mat set for replacement, Size: 86” x 114” or larger (divided type is acceptable), Qty: 10set

(23) Adhesive tape for milling, 50mm x 30m, Qty: 10EA

(24) Oscillation head assembly for replacement, 2set

l. To have Safety Guard for point of operation, Mechanical power-transmission apparatus and moving parts.

m. Audible noise emitted by the equipment shall not be 85dB(A) or greater at the operator’s work position, nor at any other point at a distance of 1 meter from the equipment, as measured on the “A” weighted scale of a standard sound level meter under all operating and service conditions. Measurements shall be taken at the operator’s work position and at each side and end of the equipment.

n. Voltage of control circuit shall not exceed 120 volts in accordance with Reference (b)(2).

o. Proposal model: AC-Series 3222 (Mfr: A-undow) or equivalent

6. Operational test (before delivery)

a. The contractor shall conduct the operational test to verify required functions and capabilities at the manufacturer’s facility before delivery.

b. The operational test shall include cutting test using materials listed in Paragraph 5.d.(2)(a) through 5.d.(2)(c). The Government will provide material for cutting test.

c. The Government will have the option to attend and witness the operational test by the representative.

7. Delivery

a. The contractor shall deliver and unload the equipment to Boiler Shop X41, Bldg. 1922 at SRF-JRMC Yokosuka.

8. Re-arrangement of existing equipment

a. The contractor shall disconnect electric cable and air piping from the existing Gasket Cutting Machine in 4.a, Air Compressor in 4.b, and Air Tank in 4.c.

b. The contractor shall re-arrange the existing equipment above in accordance with Manufacturer’s instruction and Enclosure (1) and (2).

c. The contractor shall connect air piping among each existing equipment.

d. The Government will run electric power from power distribution box to each existing equipment.

9. Installation of new Gasket Cutting Machine

a. The contractor shall install the new Gasket Cutting Machine in accordance with Manufacturer’s instruction and Enclosure (2).

b. The Government will run electric power from power distribution box to the new Gasket Cutting Machine.

10. Operational test (after delivery)

a. After installation, the contractor shall conduct the operational test to verify that all the equipment (both new and existing) operates properly.

b. The Government will attend and witness the operational test by the representative.

11. Training

a. The contractor shall conduct training for SRF-JRMC operator and maintenance personnel.

b. The training shall include the following contents.

(1) Machine operation

(2) CNC operation

(3) Safety guidance

(4) Maintenance and parts replacement

(5) Trouble shooting

(6) Test cutting using material provided by SRF-JRMC

c. Number of trainee: 8 persons at most

d. The training shall take within five (5) days. Training shall be conducted between 0800 and 1630 in each days except Federal Holidays.

e. The training shall be conducted in Japanese.

12. Document submission

a. Pre-fabrication documents The contractor shall submit the following pre-fabrication documents to TPOC for review and approval before the start of work, no later than twenty-five (25) working days after contract award. Technical review by the Government will be completed and returned with comments within ten (10) working days after receipt from the contractor.

(1) Sketch of the equipment with dimensions

(2) Equipment function and capacity

(3) Electric specifications (Voltage, phase, frequency, current, and horsepower)

(4) Accessories list

(5) Other requirement of the equipment

(6) Layout plan including wiring/piping

(7) Work schedule Regarding above (1) through (5), when the equipment is a commercial off-the-shelf item, the contractor can submit catalog materials for the approval with TPOC’s consent.

b. Operational test documents The contractor shall submit item and procedure of operational test (before delivery) to TPOC for review and approval not less than ten (10) working days before the operational test. Technical review by the Government will be completed and returned with comments within five (5) working days after receipt from the contractor.

c. Instruction Manual

(1) The contractor shall submit the Instruction Manual to the Government for review and approval before equipment delivery. Technical review by the Government will be completed and returned with comments within ten (10) working days after receipt from the contractor.

(2) Contents

(a) Safety guidance (Warnings and Cautions)

(b) Equipment specification (name/capacity/function)

(c) Operation

(d) Maintenance and Inspection (item/cycle/description)

(e) Troubleshooting

(f) Production drawing

(g) Parts and accessories list

(3) The instruction manual shall be submitted in both Japanese and English.

(4) When the equipment is a commercial off-the-shelf item, the contractor can submit catalog materials with adding necessary portion for the approval with the Government’s consent.

d. Completion Documents The contractor shall submit the following Completion Documents by three (3) paper copies in Japanese, two (2) paper copies in English, and one (1) CD/DVD in both Japanese and English no later than five (5) working days after equipment installation.

(1) Approved Instruction Manual

(2) Result of the operational test

(3) As built layout drawing

(4) SDS for all oils and any other hazardous material

(5) Certification that the equipment contains no detectable PCBs at the time of shipment

(6) Warranty sheet for one (1) year

13. General environmental and safety requirement All machine parts and assemblies furnished on the equipment shall comply with all specific requirements of Reference (a) that are applicable to the equipment itself.

<End of Specification>

LIST OF ATTACHMENTS

The following FAR provision and clauses are applicable to this procurement:

52.202-1, Definitions;

52.203-3, Gratuities;

52.204-7, System for Award Management;

52.204-13, System for Award Management Maintenance;

52.204-22, Alternative Line Item Proposal;

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation;

52.211-6, Brand Name or Equal;

52.212-1, Instructions to Offerors - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items;

52.225-14, Inconsistency between English Version and Translation of Contract;

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications;

52.229-6, Taxes--Foreign Fixed-Price Contracts;

52.232-39, Unenforceablility of Unauthorized Obligations;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.247-34, F.O.B. Destination;

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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. Quoters are advised that the quote meeting the solicitation requirements with the lowest price may not be selected for an award if award to a higher priced Quoter is determined to be more beneficial to the Government. The Government will use the Value Adjusted Total Evaluated Price (VATEP) concept when determining Best Value. Best Value VATEP tradeoff analysis will not be performed for any Quoter who receives an unacceptable rating for any factor or subfactor, and award will not be made to any Quoter whose quote is deemed unacceptable in any factor or subfactor. Subjective judgment on the part of the Government evaluators is implicit in the entire process. The following factors shall be used to evaluate offers:

1) Past Performance

2) Price

Award will be made to the quoter with the Lowest Evaluated Price as described in this provision.

The contract award will be made in the amount of the successful quoter’s Total Proposed Price.

Past Performance Each Quoter will be evaluated on their past performance. Evaluation of a quote will be based on the information presented in the written quote along with any input obtained from outside sources relevant to past performance. The Government will focus on information that demonstrates the Recency, Relevancy, and Quality of past performance relative to the scope, magnitude and complexity of the procurement under consideration and to the performance requirements of this solicitation.

Quoters are advised that the Government may use and evaluate independently obtained past performance data, such as the Past Performance Information Retrieval System (PPIRS); Past Performance Questionnaires (PPQs); Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS); other databases; interviews with Program Managers, Contracting Officers, Fee Determining Officials, the Defense Contract Management Agency (DCMA), or other individuals; as well as, or in addition to, all recent and relevant past performance data provided by the Quoter. The Government reserves the right to contact, or not to contact, any or all of the sources provided by the Quoter. Therefore, it is incumbent upon the Quoter to explain the relevance of any past performance data provided. Furthermore, the Government does not assume the duty to search for data to explain or remedy any inconsistencies it finds in the information provided by the Quoter. The burden of providing thorough and complete past performance information remains with the Quoter.

In the case of a Quoter that does not have past performance information or for which information on past contract performance is not available, the Quoter will not be evaluated favorably or unfavorably on the factor of past performance and a neutral rating will apply. The past performance evaluation is separate from the responsibility determination required by FAR Subpart 9.1.

Past Performance Rating Method The past performance evaluation is an assessment of the Quoter’s probability of meeting the solicitation requirements. This evaluation results in a Performance Confidence Assessment Rating which reflect the Government’s confidence that the Quoter will successfully perform the solicitation’s requirements based on the Quoter’s recent and relevant past performance record.

Neutral Confidence No recent/relevant performance record is available or the Quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Quoter may not be evaluated favorably or unfavorably on the factor of past performance.

There are three aspects to the past performance evaluation: Recency, Relevancy, and Quality:

Recency The first aspect is to evaluate the Recency of the Quoter’s past performance. Recency is generally expressed as a time period during which past performance references are considered relevant, and is one of the criteria used to establish the Relevancy of past performance information. Past performance submittals determined to be not within the Recency thresholds will be discarded and not be evaluated.

Relevance The second aspect is to determine how relevant a recent effort accomplished by the Quoter is to the effort to be acquired through the source selection. Therefore, to the maximum extent possible, Quoters shall submit documentation of work that is either identical or very similar to the requirements of this solicitation. Past performance submittals determined to be Not Relevant may be discarded and not be evaluated. Past performance information of greater relevance will have larger influence on the overall Performance Confidence Assessment Rating.

Quality of Products or Services The third aspect of the past performance evaluation is to establish the overall quality of the Quoter’s past performance. The government reserves the right to seek past performance information from any source. The government will review all past performance information collected and determine the quality of the Quoter’s performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment. At a minimum, Contractor Performance Assessment Reporting System (CPARS) assessments (if issued) for the submitted contracts determined to be Recent will be used to evaluate past performance. A separate quality rating will not be assessed; rather, the Performance Confidence Assessment Rating is based on the Quoter’s overall record of recency, relevancy, and quality of performance.

Price Each quoter’s total proposed price will be adjusted based on the Past Performance Ratings using the following formula:

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

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—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

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

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

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

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

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

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

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

(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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) HUBZone small business…