Request for Proposal for Djibouti Vehicle Lease.pdf

SOLICITATION NUMBER N3319121R4010

Interested vendors shall contact Magdalena Guerra at magdalena.guerra@eu.navy.mil for a copy of STANDARD FORM 1449 and any amendment for signature to include as part of the proposal package no later than 1 March 2021.

ANNEX A

Attachment A -Firm Fixed Price Form will be used to formulate Annex A on Award Document.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months Vehicle Lease- Base Period

FFP

In accordance with Performance Work Statement and vehicle unit prices noted on Annex A.

Contractor will be reimbursed based on actual cost each month.Unit of Award is US Dollars (USD). Period of Performance is 12 months.

FOB: Destination

PSC CD: W023

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 12 Months OPTION Vehicle Lease- Option Period 1

FFP

In accordance with Performance Work Statement and vehicle unit prices noted on Annex A.

Contractor will be reimbursed based on actual cost each month.Exercise of this option is at the discretion of the U.S. Government. Unit of Award is US Dollars (USD). Period of Performance is 12 months.

FOB: Destination

PSC CD: W023

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0003 12 Months OPTION Vehicle Lease- Option Period 2

FFP

In accordance with Performance Work Statement and vehicle unit prices noted on Annex A.

Contractor will be reimbursed based on actual cost each month.Exercise of this option is at the discretion of the U.S. Government. Unit of Award is US Dollars (USD). Period of Performance is 12 months.

FOB: Destination

PSC CD: W023

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0004 12 Months OPTION Vehicle Lease- Option Period 3

FFP

In accordance with Performance Work Statement and vehicle unit prices noted on Annex A.

Contractor will be reimbursed based on actual cost each month.Exercise of this option is at the discretion of the U.S. Government. Unit of Award is US Dollars (USD). Period of Performance is 12 months.

FOB: Destination

PSC CD: W023

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0005 12 Months OPTION Vehicle Lease- Option Period 4

FFP

In accordance with Performance Work Statement and vehicle unit prices noted on Annex A.

Contractor will be reimbursed based on actual cost each month.Exercise of this option is at the discretion of the U.S. Government. Unit of Award is US Dollars (USD). Period of Performance is 12 months.

FOB: Destination

PSC CD: W023

MAX

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A Government N/A Government 0003 N/A Government N/A Government 0004 N/A Government N/A Government 0005 N/A Government N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

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

JUN 2020

52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Items AUG 2020 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) 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);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) thru (k) is hereby tailored as follows:

Proposal Questions must be submitted by 18 February 2021 by 02:00 PM Central European Time (CET) to Magdalena Guerra at magdalena.guerra@eu.navy.mil and Cherie Mitchell at cherie.mitchell@eu.navy.mil.

Proposal Questions will be answered by 25 February 2021 by 4:00 PM Central European Time (CET) and posted on https://beta.sam.gov/.

The complete Proposal must be submitted by 4 March 2021 by 02:00 PM Central European Time (CET) to Magdalena Guerra at magdalena.guerra@eu.navy.mil and Cherie Mitchell at cherie.mitchell@eu.navy.mil.

Proposals shall be submitted via e-mail with the subject line as follows: “SOLICITATION N3319120R4010; Vehicle Lease” Submission of offers: Submit signed and dated offers at or before the exact time specified in this solicitation. Proposal format: All offerors shall submit a Price Proposal and Technical Proposal.

(1) Technical Proposal submission requirements are as follows:

Technical Proposals shall be submitted in accordance with the following format and content specified. The electronic proposal shall be prepared so that if an evaluator prints the proposal it meets the following format requirements:

- 8.5 x 11 inch paper

- 1 inch margins

- No smaller than 10 point font and no larger than 12 point, using Times New Roman. All font will be the same size.

- No hyperlinks

- Microsoft Word (.docx) or Adobe Acrobat (.pdf) software

Cover Letter: A cover letter is required with submittal of technical proposal. Offerors who do not provide complete cover letter may not be considered for award.

The cover letter must contain at minimum the following information:

i. The solicitation number

ii. The name, address, and telephone number of the offeror

iii. CAGE/NCAGE Code

iv. DUNS

v. Total Price (as noted in Attachment A -Firm Fixed Price Form)

vi. Identify the point of contact who will serve as the primary interface between the U.S. Government and the Contractor for contractual matters.

vii. Identify the Contractor Project Officer (CPO) who will serve as the primary interface between the U.S. Government and the Contractor for contract management, accountability, and administration throughout the contract performance period.

viii. Statement noting that the proposal is valid for 60 calendar days from the date specified for receipt of offers.

ix. Acknowledgement of any Amendments (List Amendments)

x. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fails to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

xi. U.S. BANK ACCOUNT OR AFFILIATE The Government intends to pay invoices in accordance with the clause for Wide Area Work Flow. To do this, your firm must have a U.S. bank or a U.S. bank affiliate associated with your local bank. Identify the name of your U.S. bank or affiliate and provide the bank routing number (i.e. routing transit number) for purposes of paying invoices.

xii. Offeror’s Signature with authority to sign contract.

(2) Price Proposal Submission:

Offerors shall provide a price for each CLIN listed in the Price Schedule by providing the price for the monthly lease for each vehicle as noted on the Firm Fixed Price Form (Attachment A). In accordance with FAR Clause 52.214-35, the Price Schedule must be in U.S. Dollars. CLIN prices shall be rounded to the nearest whole dollar.

The offeror must submit pricing for the base period and all option periods. Offerors who do not provide pricing for all the CLINs will not be considered for award.

The price shall be inclusive of all applicable Taxes, VATs, Tariffs and Fees. The contractor must include all applicable taxes in the price of the contract. Any taxes from which the U.S. Government is exempt should not be included in the price. It is the offerors responsibility to identify applicable taxes and ensure the pricing is inclusive of those costs.

Prices provided shall be fully loaded and no other allocations, fees, overheads, G&A, insurance, taxes, profits or any other markups shall be applied when an option is exercised.

(3) Technical Proposal Submission, Submit the following:

a) FACTOR 1 –EXPERIENCE:

Offeror shall submit one (1) of the attached Experience Questionnaire (Attachment B), and one (1) copy of the contract demonstrating experience identified on Attachment B. The Offeror shall submit one (1) recent and relevant vehicle transportation service contracts that best demonstrates the service experience similar to the Performance Work Statement. The Government will not review more than one (1) contract. A Relevant contract must demonstrate experience in leasing and maintenance of vehicles in Djibouti for a minimum of 10 vehicles with a minimum of 3 month lease. For evaluation purposes demonstrated maintenance experience is defined as experience which demonstrates experience in maintaining vehicles in accordance with the manufacturer’s recommended maintenance program. Contract submitted for the Offeror must have been performed/completed within the last two (2) years as of the date of the RFP. The description of the project shall clearly describe the scope of work performed and the relevancy to the Performance Work Statement of this solicitation. This contract is to have been performed by the Offeror as a prime contractor, joint venture /team/partner member, or as a subcontractor.

b) FACTOR 2 – PAST PERFORMANCE:

The Offeror shall submit one (1) past performance evaluation, for each project submitted under Factor 1 – Experience.

If a completed U.S. Government “Contract Performance Appraisal Retrieval System” (CPARS) evaluation is available, it shall be submitted with the proposal.

If a CPARS evaluation is not available, then the Offeror shall submit a completed Past Performance Questionnaire (PPQ) (Attachment C) for project included in Factor 1 - Experience.

If a Past Performance Questionnaire (PPQ) is submitted, ensure correct phone numbers and email addresses are provided for the client point of contact. Past Performance Questionnaire must be completed by the customer(s) of the project submitted under Factor 1. If the evaluation is in other than English, provide a translation of the evaluation into English.

The Government may review any other sources of information for evaluating past performance. Other sources may include, without limitation: past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE and DUNS numbers of any team members (that were, or are, members of any business association, including, without limitation, partnerships, joint ventures, teaming arrangements, or parent companies, subsidiaries, or affiliates); sources identified in the offeror’s proposal; inquiries of owner representative(s), and; any other sources. However, the Offeror must provide all of its own detailed, current, accurate and complete past performance information.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the offeror.

If an Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide the contract and client contact information for the respective project(s). The Government may make reasonable attempts to contact the client to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government's evaluation of the factor.

(4) System for Award Management:

1. System for Award Management (SAM) registration is required for all Offerors, including Joint Venture (JV) Offerors (registration must state the NAME of the JV). SAM registration can be accomplished at https://www.sam.gov. Offerors not currently registered in SAM shall obtain a DUNS number and a CAGE or NCAGE prior to registering in SAM.

2. A DUNS number is required for all Offerors, including JV Offerors. In addition to the DUNS number required for JV Offerors, JV Offerors must provide a DUNS number for each member comprising the JV.DUNS numbers can be obtained at http://fedgov.dnb.com/webform.

The DUNS number is required in order to register in SAM.

3. Offerors must be registered in the SAM prior to the submission of proposals. If the Offeror is not currently active in SAM, then the Offeror must provide proof of registration with their price proposal submission. SAM registration must be active at time of award in order to be considered for award.

(5) Cage/NCage Code:

1. A CAGE/NGAGE Code is required for all Offerors, including JV Offerors. JV Offerors must acquire aCAGE/NCAGE Code registered in the JV name.

2. U.S. Offerors, including Joint Venture Offerors: U.S. Offerors must obtain a CAGE Code prior to registering in the SAM database, which is part of the SAM registration process.

3. Non-U.S. (foreign) Offerors ONLY: Non-U.S. Offerors must obtain a NATO CAGE (NCAGE) Code instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(6) Filled in Provisions:

The offeror shall submit a completed copy of the following provisions:

FAR 52.212-3.REPRESENTATIONS AND CERTIFICATIONS;

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT;

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION;

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION; and

DFAR 252.229-7001 TAX RELIEF

(7) Joint Venture Agreement (if applicable):

Offerors that are submitting a proposal under a Joint Venture shall adhere to the following: For the purposes of this solicitation, a joint venture (JV) refers to a U.S.-Styled Formal legal entity in the nature of a partnership comprised of two or more Persons or companies. Each joint venture must provide one (1) CAGE/NCAGE code, one (1) DUNS number for the joint venture and one (1) DUNS number for each member comprising the joint venture. Each joint venture must be registered in SAM using the name of the joint venture that establishes the JV.

Joint Venture Offerors (JV), shall provide with their proposal a notarized legal document. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document.

The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

The Joint Venture Agreement shall include, at a minimum, the following:

(a) Name of firms that form the JV and the name of the JV.

(b) Name and title of the corporate officials signing on behalf of each party.

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of work).

(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after contract completion.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.

(g) Statement under oath stating that the Joint Venture (JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the Joint Venture.

(i) Have appropriate vendor registration as required in Section M.

The U.S. Government reserves the right to review the actual JV Agreement, to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (performance guarantee, insurance, etc.) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

(End of provision)

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

(a) thru (k) is hereby tailored as follows:

A. BASIS FOR AWARD

Award will be made to the Offeror whose proposal offers the best value to the Government based on the Lowest Price Technically Acceptable (LPTA) evaluation method. The evaluation factors are as follows:

1- PRICE FACTOR

2-NON-PRICE FACTOR: EXPERIENCE AND PAST PERFORMANCE

The number of proposals to be evaluated will be limited to the lowest priced offer. If proposal is not found to be technically acceptable, then the process will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal.

This procurement is covered by the World Trade Organization Government Procurement under the policy at 225.401-70 End products subject to trade agreements.

The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. The Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. Per DFARS Part 225.502, the following procedures for acquisitions subject to the World Trade Organization Government Procurement Agreement shall be used:

(i) Consider only offers of U.S.-made, qualifying country, or designated country end products, except as permitted by 225.403 or 225.7703-1.

(ii) If price is the determining factor, award on the low offer.

The Government reserves the following rights, to: (a) eliminate from award consideration any or all offers

(b) negotiate with offerors in the competitive range, and; (c) award the contract to the offeror submitting the lowest priced, technically acceptable offer.

The Government intends to evaluate proposals and award a contract without discussions with offerors (other than those communications conducted for the purpose of minor clarifications as described in FAR 15.306(a)), unless discussions are determined to be necessary by the Contracting Officer.

In accordance with FAR 9.104-3, the Contracting Officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources and be determined responsible. If the Contracting Officer determines the lowest price technically acceptable offeror to not be responsible, the Government reserves the right to award to the next responsible, lowest price technically acceptable offeror. The Government may award to the lowest price technically acceptable offeror without discussions.

B. EVALUATION FACTORS:

1- PRICE FACTOR

Solicitation Submittal Requirements: Completed Firm Fixed Price Form (Attachment A)

Basis of Evaluation: Government will evaluate the total price for reasonableness. Total price consists of the basic requirements and all option items priced in Attachment A. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of Options will not obligate the Government to exercise the option(s).

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(1) Comparison of proposed prices received in response to the RFP.

(2) Comparison of proposed prices with the IGE.

(3) Comparison of proposed prices with available historical information.

(4) Comparison of market survey results.

The Government reserves the right, but is not obligated, to review prices for realism. If the Government elects to conduct a price realism analysis, it may consider offeror(s’) understanding of the work, ability to perform the work, or proposed prices received in response to the solicitation in this analysis and risk assessment. An unrealistically low price may result in the offeror(s’) proposed price being rejected and the offeror(s)’ proposal being ineligible for award). Additionally, the Government reserves the right, but is not obligated, to review for unbalanced pricing.

Unbalanced pricing may pose an unacceptable risk to the Government and may be a reason to reject an offeror’s proposal.

2- NON-PRICE FACTORS:

The solicitation requires the evaluation of price and the following non-price factors:

Factor 1 – EXPERIENCE Factor 2 – PAST PERFORMANCE

The distinction between experience and past performance is experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts, such as quality of work accomplished, schedule compliance, or customer satisfaction.

FACTOR 1 –EXPERIENCE:

ADJECTIVAL RATINGS/DESCRIPTIONS

A technical proposal must be rated at least “ACCEPTABLE” (“A”) overall under the non-price evaluation factors to be eligible for award. An “UNACCEPTABLE” (“U”) rating in any single non-price evaluation factor results in the overall non-price evaluation factors proposal being rated “U.” A final overall non-price factors rating of “U” makes an entire proposal ineligible for award.

1. The following adjectival ratings will be used to assign a rating to each technical factor. The addition of plus (+) or minus (-) to an adjective rating is not allowed.

Table 1. Technical (Non-Price) Ratings

Rating Descriptions

Acceptable (A) Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Proposal does not clearly meet the minimum requirements of the solicitation.

Table 2. Definitions

RELEVANCE

A Relevant contract must demonstrate experience in leasing and maintenance of vehicles in Djibouti for a minimum of 10 vehicles with a minimum of 3 month lease.

Contract submitted for the Offeror must have been performed within the last two (2) years as of the date of the RFP. The description of the project shall clearly describe the scope of work performed and the relevancy to the Performance Work Statement of this solicitation.

This contract is to have been performed by the Offeror as a prime contractor, joint venture /team/partner member, or as a subcontractor.

Solicitation Submittal Requirements: Completed Experience Questionnaire (Attachment B)

Basis of Evaluation: The proposal will be acceptable if it demonstrates experience in performing relevant vehicle transportation service contracts as defined in 52.212-1 Instructions to Offerors and Performance Work Statement.

The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the solicitation. An Offeror will be rated ACCEPTABLE if the Offeror submits one (1) relevant contract as defined above. An offeror will be rated UNACCEPTABLE if the offeror does not submit one (1) relevant contract as defined above.

FACTOR 2 – PAST PERFORMANCE

ADJECTIVAL RATINGS/DESCRIPTIONS

Past performance will be rated as either “acceptable” or “unacceptable” based on the following criteria:

Table 3. Past Performance Ratings

Rating Description

Acceptable (A) Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror has no record of relevant past performance. (See note below)

Unacceptable (U) Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Table 2. Definitions

RELEVANCE

A Relevant contract must demonstrate experience in leasing and maintenance of vehicles in Djibouti for a minimum of 10 vehicles with a minimum of 3 month lease.

Contract submitted for the Offeror must have been performed within the last two (2) years as of the date of the RFP. The description of the project shall clearly describe the scope of work performed and the relevancy to the Performance Work Statement of this solicitation.

This contract is to have been performed by the Offeror as a prime contractor, joint venture /team/partner member, or as a subcontractor.

Note: The lack of any record of relevant past performance is not the same as having a record of past performance that is irrelevant. An offeror that does not have any record of relevant past performance, such as a newly-formed firm with no past performance history, may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror will be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “Acceptable”.

1. Aspects of Past Performance Evaluation. Past performance evaluations examine previously-performed contracts to predict how well a contractor will perform the prospective contract. Two aspects of previous contracts are evaluated: (1) what the contractor has done (i.e., relevance), and; (2) how well the contractor has done (i.e., quality). This assessment is based on the offeror’s record of relevant and recent past performance information that pertains to the duties to be performed under the prospective contract. Two aspects of the past performance evaluation are as follows:

a) Relevance as defined above in Table 2.

b) Evaluation members will review past performance information for application to the performance confidence assessment.

The Government may review any source of information for evaluating past performance. Sources may include, without limitation: past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE and DUNS numbers of any team members (that were, or are, members of any business association, including, without limitation, partnerships, joint ventures, teaming arrangements, or parent companies, subsidiaries, or affiliates); sources identified in the offeror’s proposal; inquiries of owner representative(s), and; any other sources.

Solicitation Submittal Requirements: Completed Past Performance Questionnaire (PPQ) (Attachment C)

Basis of Evaluation: This evaluation focuses on how well the Offeror performed on the relevant projects submitted under “FACTOR 1 –EXPERIENCE” and past performance on other projects currently documented in known sources. More emphasis will be placed on relevant projects. Marginal or Unsatisfactory performance on non-relevant projects will also be considered.

The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g. PPIRS; Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS); performance recognition documents; and information obtained from any other source reflect a trend of satisfactory performance, considering:

1) A pattern of successful completion of tasks;

2) A pattern of deliverables that are timely and of good quality;

3) A pattern of cooperation and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and

4) Duties that are identical, or similar, or related to the duties to be performed under the prospective contract

5) A respect for stewardship of Government/Client funds

6) The Government may consider volume and rating of relevant Past Performance evaluation when considering the overall rating for this factor.

To receive an Acceptable rating, one (1) relevant project as defined in “FACTOR 1 – EXPERIENCE” must have a past performance rating of “Satisfactory” or higher. Ratings of “Marginal” or lower will be considered “Unacceptable.”

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, an “Unknown” shall be considered “Acceptable.”

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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 (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) 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 (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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