PBGC01-RQ-16-0188_Child_Care_Subsidy_Program.pdf

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Child Care Subsidy Program Services Federal contract opportunity
Solicitation number
PBGC01-RQ-16-0188
Issued by
Pension Benefit Guaranty Corporation

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Solicitation PBGC01-RQ-16-0188

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RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 41 PBGC01-RQ-16-0188

The purpose of this Request for Quotation is to acquire Federal Child Care services as described in the Statement of Work

0001 The contractor shall provide the services required by the Statement of Work for the administration of the Agency's Child-care Subsidy program and disbursements.

Period of Performance: 10/01/2016 to 09/30/2017

1.00 EA

OPT

1001 The contractor shall provide the services required by the

Statement of Work for the administration of the Agency's Child-care Subsidy program and disbursements.

Period of Performance: 10/01/2017 to 09/30/2018

1.00 EA

OPT

2001 The contractor shall provide the services required by the

Statement of Work for the administration of the Agency's Child-care Subsidy program and disbursements.

Period of Performance: 10/01/2018 to 09/30/2019

1.00 EA

OPT

3001 The contractor shall provide the services required by the

Statement of Work for the administration of the Agency's Child-care Subsidy program and disbursements.

Period of Performance: 10/01/2019 to 09/30/2020

1.00 EA

OPT

4001 The contractor shall provide the services required by the

Statement of Work for the administration of the Agency's Child-care Subsidy program and disbursements.

Period of Performance: 10/01/2020 to 09/30/2021

1.00 EA

Table of Contents

PAGE 4 OF 41 PBGC01-RQ-16-0188

SECTION

. 1 Section 1 RFQ

. 2 Section 2 Supplies or Services and Pricing

. 3 Section 3 Statement of Work

. 4 Section 4 Instructions to Offerors

. 5 Section 5 Evaluation Factors for Award

. 6 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

. 7 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)

. 9 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JUN 2016)

. 11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 12 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 13 52.232-1 PAYMENTS (APR 1984)

. 14 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

. 15 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

. 16 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 17 PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

. 18 PBGC 52.204-7000 MANAGEMENT AND RETENTION OF PBGC RECORDS (SEP 2014)

. 19 PBGC 52.209-7000 HANDLING SENSITIVE INFORMATION (MAR 2016)

. 20 PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2004)

. 21 PBGC 52.215-7003 EXPENSES RELATED TO PROPOSAL SUBMISSION (OCT 2004)

. 22 PBGC 52.232-7000 SUBMISSION OF INVOICES (JAN 2012)

. 23 PBGC 52.237-7002 FITNESS DETERMINATION (APR 2016)

. 24 PBGC 52.237-7005 INFORMATION SECURITY TRAINING (MAR 2016)

. 25 PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (JAN 2012)

. 26 PBGC 52.239-7000 SECTION 508 ACCESSIBILITY STANDARDS (MAR 2016)

. 27 PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

. 28 PBGC 52.247-7000 PACKAGING AND MARKING (JAN 2012)

PAGE 5 OF 41 PBGC01-RQ-16-0188

SECTION

. 1 Section 1 RFQ

REQUEST FOR QUOTE

SOLICITATION NUMBER RQ-16-0188

FOR

CHILD CARE SUBSIDY PROGRAM SERVICES

1. ISSUED BY: Pension Benefit Guaranty Corporation (PBGC)

Procurement Department, 1225 I Street NW

Suite 3323

Washington, DC 20005-4026

2. CONTACT INFORMATION:

NAME: Dan Swart, Contract Specialist

PHONE: (202) 326-4000 Ext. 7472

FAX: (202) 326-4162

E-MAIL: swart.dan@pbgc.gov

NAME: Patrick McFarlane, Contracting Officer

PHONE: (202) 326-4000 Ext. 3334

FAX: (202) 326-4162

E-MAIL: mcfarlane.patrick@pbgc.gov

3. QUESTIONS: Any questions regarding this RFQ shall be submitted to Mr. Dan Swart and

Mr. Patrick McFarlane no later than September 16, 2016 by 12:00 PM EDT.

4. SUBMISSION OF QUOTE: Submit one (1) electronic copy of the quote. QUOTE

SHALL BE SUBMITTED via email to Dan Swart and Patrick McFarlane no later than the date and time established in Block 8 on page 1 of this solicitation. Quote shall reference the PBGC solicitation number found in Block 5 on page 1 of this solicitation.

PAGE 6 OF 41 PBGC01-RQ-16-0188

. 2 Section 2 Supplies or Services and Pricing

SUPPLIES OR SERVICES AND PRICE COSTS

1.1. DESCRIPTION OF SERVICES (OCT 2004)

The Contractor shall provide the personnel and services necessary to perform the effort described in Section 3, the Statement of Work (SOW) resulting from this Request for Proposal No.

PBGC01-RQ-16-0188.

1.2 Pricing Schedule

Base Year: October 1, 2016 – September 30, 2017

CLIN Description Quantity Units Unit

Price

Total Amount

Expected Base Year Subsidies to be processed

$80,000.00

Fee for Services

(Include Fee Rate if applicable)

Mo

Base Year Total

Option Year One (1): October 1, 2017 – September 30, 2018

Expected Option Year

Subsidies to be processed

$81,680.00

Option Year Total

PAGE 7 OF 41 PBGC01-RQ-16-0188

Option Year Two (2): October 1, 2018 – September 30, 2019

CLIN Description Quantity Units Unit

$83,313.00

Option Year Three (3): October 1, 2019 – September 30, 2020

$84,979.00

Option Year Four (4): October 1, 2020 – September 30, 2021

$86,678.00

Total Price (Base + Option Year) $_______________________

PAGE 8 OF 41 PBGC01-RQ-16-0188

. 3 Section 3 Statement of Work

STATEMENT OF WORK

PURPOSE

The contractor shall administer the Pension Benefit Guaranty Corporation (the PBGC) Child

Care Subsidy Program.

BACKGROUND

Congress enacted Public Law 107-67, Sec. 630, on November 12, 2001. This legislation permits

Federal agencies to administer a program to assist their lower income Federal employees with the costs of child care. Child care subsidy can reduce the amount of costs parents pay for child care by providing subsidies directly to the child care provider. To be eligible to participate, a child care provider must be a family child care home or child care center licensed and/or regulated by the State and, where applicable, local authorities (i.e. the provider must meet all requirements of its particular jurisdiction) where the service is provided. Child care subsidies reduce the amount of tuition that Federal employees pay for child care by proving subsidies directly to child care providers. To be eligible for a child care subsidy, the subsidy recipient must use a child care provider licensed or regulated by the Federal, state and/or local authorities where the child care is provide. **PBGC is NOT searching for Child Care providers to fill this requirement, only qualified vendors to administer the subsidy program.**

SCOPE OF WORK

The Contractor shall:

a) Determine eligibility of those PBGC employees who apply for subsidies and

b) Receive a specified sum of money from the agency and distribute it to child care providers as tuition subsidy funds. It is anticipated that the amount of subsidy assistance to be distributed to licensed or regulated child care providers will not exceed $80,000 (without prior approval) for

FY 17, $81,680 for FY18, $83,313 for FY19, $84,979 for FY20, and $86,678 for FY21. Each contractual year is for the FY dates of October 1 through September 30.

SUBSIDY ELIGIBILITY AND DETERMINATION OF SUBSIDY AMOUNT

The PBGC will have subsidy application forms available for PBGC employees. Applicants will send completed applications, including income tax records, directly to the contractor. The contractor shall determine eligibility for the child care subsidy and the child care subsidy amount based on the criteria set forth by PBGC.

Each monthly child care subsidy payment is limited to the lesser of actual qualified child care expenses or an amount not to exceed $600, dependent upon PBGC criteria. A child is considered to be a minor child under age 13 (under age 18 for disabled minors) who is a member of the child care subsidy recipient's household, and dependent upon the child care subsidy recipient for support.

PAGE 9 OF 41 PBGC01-RQ-16-0188

FUNDING FOR CHILD CARE SUBSIDY PAYMENTS

The contractor shall provide the PBGC Project Officer with an estimate of the funds needed for child care subsidy payments to child care providers for each month. The PBGC will deposit an appropriate amount in a special account maintained by the contractor to be drawn upon as needed. Upon demand the contractor shall return unexpended amounts to the PBGC, within three business days of such demand.

DELIVERABLES

The Contractor shall:

1. Process subsidy application and make child care subsidy eligibility determinations based on the criteria set forth by PBGC.

2. Handle all administrative tasks associated with the child care subsidy program appropriately and efficiently.

3. Maintain the confidentiality of all information contained in tuition subsidy applications, in compliance with the Privacy Act. All records, including but not limited to applications records, payment records, and program administration records are considered PBGC records. All such records shall be surrendered to the PBGC within five (5) business days after contract completion, contract termination, or written request from the Contracting Officer or Project Officer.

4. Inform all child care subsidy applicants and child care providers, in writing, whether they will or will not receive child care subsidy and the effective dates.

5. Assist PBGC to design marketing material and PBGC child care subsidy program applications.

6. Determine the eligibility of child care providers to receive Federal funds as a result of the

PBGC's child care subsidy program are licensed and/or regulated by Federal, state, and/or local authorities.

a. Require child care providers to submit a copy of their latest license and/or statement of compliance from their Federal, state and/or local authorities.

b. Require child care providers to submit their taxpayer identification number;

c. Insure that licensed child care providers understand that if a provider, for whatever reason, is no longer licensed and/or regulated by the state and/or local authorities, the provider must immediately notify the contractor and/or Federal employee whose child is enrolled in the child care program. In such cases, the provider will no longer be eligible to receive child care subsidy funds.

7. Review monthly invoices for the child care subsidy amounts from the child care providers, and provide payment if appropriate, based on the invoiced amount no later than 30 calendar days after the date of the invoice. The contractor will pay the child care subsidy tuition assistance directly to the child care provider, and not to the PBGC Federal employee, unless OPM has approved payment directly to the employee.

PAGE 10 OF 41 PBGC01-RQ-16-0188

a. Insure that the child care provider submits a written invoice, on a monthly basis, to the contractor

b. Child car subsidy will be quoted as weekly amounts and the invoices must be prepared using full week amounts unless the child leaves the program during a particular week.

8. Provide PBGC with monthly reports for tax purposes if payments do not qualify for the

Dependent Care Assistance Plan (DCAP) exclusion.

REPORTING REQUIREMENTS

Monthly Funding Report:

1. The contractor shall issue a monthly report to the Project Officer on the status of the agency's tuition assistance program. Monthly reports will contain the following information and will be due on the 20th of each month. If the 20th falls on a weekend, the report will be due on the following Monday.

a. .The amount of tuition assistance disbursed on behalf of each employee in the month.

b. The remaining balance of agency funds.

c. Any changes in the basic information provided in the initial report, e.g.; child no longer receiving a subsidy.

Child Care Subsidy Eligibility/Determination Quarterly Report

2. The contractor shall issue a quarterly report to the Project Officer on the status of the PBGC’s child care subsidy program. Monthly reports will contain the following information and will be due on the 15th following the end of each applicable quarter (Jan-March 1st qtr. April – June 2nd qtr., July-September 3rd qtr., Oct –December 4th qtr.).

a. The amount of child care subsidy disbursed in a given month;

b. The number of children enrolled whose parents received the child care subsidy;

c. The number of PBGC federal employees who are qualified for and received the subsidy;

d. The total family income of each family that receives a child care subsidy;

e. The amount of the weekly child care subsidy for each recipient;

f. The name and address of each child care provider that provides services for the child care subsidy recipients;

g. The number of total applicants for the month;

h. The number of applicants in process;

i. The number of new child care subsides approved;

j. The number of applicants who were ineligible;

k. The number of applicants who were denied assistance due to lack of funds and

l. The remaining balance of the agency funds

PAGE 11 OF 41 PBGC01-RQ-16-0188

Annual Status Report

3. Not later than January 15th following the completion of each Base Period and Option Year, the contractor shall provide the Project Officer with financial information for employee ta~ purposes. This information shall be provided in an electronic format such as a TXT/file and will include:

a. The name and social security account number of each employee who received a child care subsidy.

b. For each subsidy recipient the amount of the subsidy received during the previous year, and the identities and subsidy amounts paid to child care provider(s).

PAGE 12 OF 41 PBGC01-RQ-16-0188

. 4 Section 4 Instructions to Offerors

INSTRUCTION TO OFFERORS

PROPOSAL SUBMISSION

OFFERORS WRITTEN PROPOSAL

General Instructions

This RFQ is being issued to Open Market, Small Business vendors capable of providing Child

Care Subsidy Management services. PBGC is not looking for Child Care Providers. This document is not an order but a Request for Quotation. If the Contracting Officer accepts an

Offeror’s quotation, then a formal Contract will be issued. The Government intends to award a firm fixed price Contract for this effort.

The Offeror shall submit one (1) copy of the response to this solicitation using the sequence and format described here; Proposals shall be submitted in two separate parts as further described below –

Volume I - Technical Proposal:

Offerors must submit an original copy of their technical proposal which demonstrates the approach they will use to provide all the services described in this Statement of Work.

Additionally, offerors should include in their technical proposals information demonstrating their previous experience in administering similar programs, and references to contact to determine their past performance in administering similar programs. The technical proposal shall not exceed 25 pages. Cover pages and tabs are not included in the count.

Volume II Price Proposal

Offerors must submit a copy of a pricing proposal that indicates the total, firm fixed price for providing these services. The total price should be broken down to reflect Base Year and all

Option Year pricing elements that go into the total price proposed. CLIN’s 0001, 1001, 2001, 3001 and 4001 are the expected subsidies to be paid out. The price proposal shall not exceed 10 pages. Cover pages and tabs are not included in the count.

Each Part shall use the specific format below. These directions assist in providing a fair and equitable evaluation of the proposal. The Government may determine those proposal not following the directions as unacceptable and may reject such offer from further consideration.

8.5 by 11 inch paper 10 pitch print or larger, Times New Roman style font

1.25 inch left hand margin .75 inch right hand margin and 1 inch margins at both the top and bottom for each page all pages single space every page sequentially numbered;

and page numbers shall be centered in the bottom margin.

Each of the above volumes shall be labeled as a response to PBGC01-RQ-16-0188.

PAGE 13 OF 41 PBGC01-RQ-16-0188

. 5 Section 5 Evaluation Factors for Award

EVALUATION FACTORS

5.1 BASIS OF AWARD

The government will make an award to the Offeror who conforms to the requirements outlined in the Statement of Work (SOW) of this Request For Quotation and is determined to be the lowest price, technically acceptable offer.

At the time of evaluation, the Contracting Officer will evaluate all offers to determine the Lowest

Priced offer. At that time, only that offer will be evaluated for Technical Acceptability. Should the apparent lowest priced offer not be found Technically Acceptable, the next lowest priced offer will be evaluated for its Technical Acceptability. Award will be made to the first proposal found to be Technically Acceptable and the remaining offers will not be evaluated.

5.1.1 To be technically acceptable:

a) The Offeror’s proposal must clearly demonstrate their approach to managing the

Child Care Subsidy program in accordance with the SOW and OPM’s Guide for

Implementing Child Care Legislation, https://www.opm.gov/policy-data-oversight/worklife/reference-materials/childcarelegislation.pdf.

b) The Offeror’s response shall also demonstrate its ability to properly execute all the requirements and deliverables listed in the Statement of Work and will be evaluated to ensure the feasibility of successful performance

5.1.2 Price will be evaluated to determine whether it is reasonable

PAGE 14 OF 41 PBGC01-RQ-16-0188

. 6 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) Remit to address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that theofferor shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contactwith telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms andconditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender`s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of anoffer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is late and will not be consideredunless it is received before award is made, the Contracting Officer determines that accepting the lateoffer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commercemethod authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified forreceipt of offers; or

(B) There is acceptable evidence to establish that it wasreceived at the Government installation designated for receipt of offers and was under the Government`scontrol prior to the time set for receipt of offers;or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorableto the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stampof that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received atthe Government office designated for receipt of offers bythe exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be

PAGE 15 OF 41 PBGC01-RQ-16-0188

deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at anytime before the exact time set for receipt of offers. Oraloffers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerningfacsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before theexact time set for receipt of offers, the identity of the person requesting withdrawal is established and the personsigns a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror`s initial offer should contain the offeror`s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered,at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards andCommercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 East L`Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standardsmay be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained fromthe organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offeror`s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next

PAGE 16 OF 41 PBGC01-RQ-16-0188

otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency`s evaluation of the significant weak or deficient factors in the debriefed offeror`s offer.

(2) The overall evaluated cost or price and technical ratingof the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and modelof the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

. 7 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See Section 5 Evaluation Factors for Award

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(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)

. 8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)

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

PAGE 17 OF 41 PBGC01-RQ-16-0188

(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.

``Predecessor`` means an entity that is replaced by a successor and includes any predecessors of the predecessor.

``Restricted business operations`` means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology

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

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

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

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

``Service-disabled veteran-owned small business concern``

(1) Means a small business concern

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

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

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

``Small business concern`` means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, PAGE 18 OF 41 PBGC01-RQ-16-0188 and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

``Successor`` mean an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term ``successor`` does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

``Women-owned business concern`` means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 posted on the SAMwebsite.

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

[Offeror to identify the applicable paragraphs at (c) through (r) 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.

PAGE 19 OF 41 PBGC01-RQ-16-0188

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

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

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

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

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

and

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

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 60-1 and 60-2), or

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