Solictatiion_INL_Training_Academy.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SINLEC15R0001 SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

06/30/2015

RATING

IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CODE INLMS

DEPARTMENT OF STATE - MGMT SYSTEMS DIV

(INL/RM/MS)

SA-1 Columbia Plaza: 2401 E Street, NW ATTN: NAVY HILL SOUTH - Domestic Funded

WASHINGTON, DC 20037-0101

7. ISSUED BY

DEPARTMENT OF STATE - MGMT SYSTEMS DIV

(INL/RM/MS)

SA-1 Columbia Plaza: 2401 E Street, NW ATTN: NAVY HILL SOUTH - Domestic Funded

WASHINGTON, DC 20037-0101

8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Anthony L. Pierce

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL pierceal@state.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance within ______ calendar days and complete it within ______ calendar days after receiving

X award, notice to proceed. This performance period is X mandatory negotiable. ( (See __.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

YES X NO

12b. CALENDAR DAYS

Sealed offers in original and ____ copies to perform the work required are due at the place specified in item 8 by __17:00:00__ (hour) local time __07/14/2015 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

a.

b. An offer guarantee is, X is not required.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.

d.

Offers providing less than ____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(e)

SINLEC15R0001

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CONTACT: DUNS:

CODE FACILITY CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY

GLOBAL FINANCIAL SERVICES CENTER,

CHARLESTON, SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Amy M. Kara 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

06/30/2015

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

001 Guest Room Requirement 0.00 EA Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/15/2015 to 09/14/2016

002 Classroom/Training Space 0.00 EA Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/15/2015 to 09/14/2016

003 Storage/Office equimpent 0.00 EA Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/15/2015 to 09/14/2016

SINLEC15R0001

Line Item Summary

Solicitation Number:

SINLEC15R0001

Contract Number: Title: INL Training Academy Date of Solicitation:

06/30/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

3.104 Solicitation SINLEC15R0002

United States Department of State

Bureau of International Narcotics and Law Enforcement Affairs

INL Training Academy

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

SECTION 1

GENERAL INFORMATION

INFORMATION TO CONTRACTORS

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

QUESTIONS

All questions must be submitted in writing. DoS will accept questions by e-mail. Written questions relating to this RFQ will be accepted through 10:00 A.M. (local Washington D.C.

time) Tuesday 7 JULY 2015. Any communications in reference to this RFQ shall cite the reference number and be directed to the following individual:

Name: Anthony Pierce Title: Contract Specialist E-mail: pierceal@state.gov

QUOTE DELIVERY

Contractors shall submit one electronic copy of Volume I General/Technical (i.e. Volume I has two parts; Part one (1) General and Part two (2) Technical Proposal) and Volume II, Price. This includes Microsoft Word, Excel, and PowerPoint (as applicable and appropriate). PDF format shall be used only for scanned documents.

Volume I shall be on a separate electronic file from Volume II. Offerors must use Times New Roman type of at least 12 points (i.e. 10-point text in graphics) with 1” margins. Part One (1) General cannot exceed two pages and part two (2) technical proposals cannot exceed twenty

(20) pages in length (excluding information on Past Performance and References).

Should the Contractor submit more than 22 pages for Volume I, which includes the two (2) parts - General/Technical Proposal, the Contracting Officer (CO), will ONLY evaluate the first twenty-two (22) pages of Volume I submission. The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote submission with the same font size restriction.

Contractors should use a Read and Delivered Receipt to ensure timely submission as well as to ensure that the USG received the proposed Quote.

mailto:pierceal@state.gov

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative via e-mail not later than 10:00 A.M. (local Washington D.C. time) on the following date: Tuesday 14 July 2015 via email.

Name: Anthony Pierce Phone: 202-776-8722 E-mail: pierceal@state.gov

CONTRACTOR RELATIONSHIPS

DoS encourage the use of small business subcontractors.

In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls are established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor will the Government accept or evaluate, multiple quotes offering alternative solutions. Contractors shall not submit, nor will the Government accept or evaluate, multiple solutions within one quote.

PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the quote is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of quotes, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

SECTION 2

STATEMENT OF WORK (SOW)

GENERAL/DEFINITION OF TERMS

A/V Audio Visual Equipment CAP Office of Criminal Justice Assistance and Partnership CJPS Criminal Justice Program Support DOS Department of State DS U.S. Department of State, Bureau for Diplomatic Security EU European Union INL U.S. Department of State, Bureau for International Narcotics and

Law Enforcement Affairs PTP Pre-Deployment Training Program UN United Nations USG United States Government

BACKGROUND

The Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL’s) primary objective is to develop USG policies and programs to assist societies to develop and operate a transparent and effective criminal justice system which includes a civilian police service, an independent judiciary, and a professional corrections service. INL seeks to help build sustainable democratic institutions, and create a stable environment for good governance. In support of this key objective, INL implements a number of programs worldwide to help develop law enforcement and criminal justice systems, a key element of which is that INL deploys police, justice and corrections advisors to multi-lateral (i.e., UN and EU) and bilateral (USG led, international partners) criminal justice reform missions around the world. Currently, advisors are deployed in support of missions in Afghanistan, Benin, Egypt, Ghana, Haiti, Kosovo, Lebanon, Liberia, Palestinian Authority, Sudan, and Tunisia. Locations may increase as more programs are identified. Advisors are recruited, selected and deployed by INL contractors under the Department of State’s contracts.

The Office of Criminal Justice Assistance & Partnership (INL/CAP) office is responsible for creating, delivering, and monitoring professional pre-deployment training to police, corrections, and justice subject matter experts assigned to INL funded criminal justice assistance overseas programs. INL conducts Pre-Deployment Training Program (PTP) and other training as needed for INL/CAP worldwide missions.

AQUISITION METHOD

The Government contemplates awarding a single award Firm-Fixed Price contract to a responsible vendor who is lowest price technically acceptable meeting the Governments requirement.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

The Solicitation procedures are in accordance with (IAW) FAR Part 12 Acquisition of Commercial Items and 13.5 – Test Program for Certain Commercial Items.

This contract will be issued as unrestricted. The primary North American Industry Classification System (NAICS) code applicable to this notice has been determined to be 531120 - Lessors of nonresidential buildings (except mini warehouses).

GENERAL REQUIREMENT

The contractor shall provide support services to support INL’s pre-deployment training program to accommodate approximately 180 trainees annually. Services shall include guest room support, classroom and training support, and storage support.

The contractor shall meet weekly with INL training staff to effectively manage the services and facilities. The contractor shall provide and maintain open, timely, and effective communications with INL, resulting in a relationship that proactively addresses potential problems with flexible and workable solutions.

The contractor shall provide adequate security to prevent vandalism, theft and loss of U.S.

Government equipment within the confines of the facilities. Offeror’s are encouraged to submit photographs in their submission.

DETAILED TASK

Management/Staffing

The offeror shall provide a complete description of its management structure and organization that will be responsible for INL reporting and accountability purposes. The contractor shall designate a management point of contact as the first level of contact for any issues or concerns raised by INL. The offeror shall provide sufficient staff to manage and coordinate all aspects of the facility to include administrative and IT support, janitorial staff, maintenance of all facilities and equipment provided as part of the proposed site.

Guest Room Requirement

The contractor shall provide overnight lodging. Guest rooms shall be private (one person/room) and at a minimum 170 square feet excluding closets and bathroom. The average monthly guest room requirement will range between 10-15 trainees, with the possibility of guest room requirements for up to 30 trainees.

Guest rooms shall be non-smoking, secure and contain private full bathrooms, all bedding, and towels. The contractor shall provide clean towels and soap daily. Linens shall be changed twice weekly; house cleaner service shall be furnished twice weekly, excluding weekends. Mattresses, linens and towels shall meet a minimum “hotel quality” standard.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

Guest rooms shall have a phone, high-speed internet access, bed, TV (19 in. minimum), closet and dresser.

Guest rooms shall be furnished with a desk or writing table, chair and adequate lighting, a night table and bedside reading light and accommodations typically found in hotel rooms.

Guest rooms shall be located within 5 minutes walking distance of the classroom and training location, or within 3-mile shuttle distance.

The contractor shall provide a laundry area with at least six commercial size washers and three commercial size dryers. Access shall be on a 24-hour basis. A daily laundry service is also acceptable.

The contractor shall provide a copy and fax machine available for use in a location convenient and accessible to INL staff during normal working hours.

The contractor shall provide a lounge space/common area located within walking distance of the lodging quarters.

The lounge space shall be open at minimum from 1600 to 2200 hours weekdays, from 1000 to 2200 hours on Saturday, and from 1300 to 2200 hours on Sunday.

The lounge space shall be equipped with furniture, and at least one TV set having a screen no smaller than 28 inches (diagonal).

The lounge space shall be equipped with at least five internet workstations and wireless internet capability.

The contractor shall provide a fitness room equipped for both resistance and aerobic training, and be available within a reasonable walking distance of the lodging quarters. The facility shall be open to meet the needs of the trainees, from at least 1000 to 2200 hours weekdays, 0800 to 2200 hours on Saturday, and 1300 to 2200 hours on Sunday.

The contractor shall provide three meals per day to the student. The kitchen and dining room shall be capable of preparing and serving meals for the entire cadre of students, and up to 30 personnel simultaneously.

The contractor shall provide healthy, nutritious meals and in compliance with USDA Dietary Guidelines for Americans. The contractor shall comply with Federal, State and local standards and sanitation/health codes.

The contractor shall provide box lunches for students engaged in field training and late evening snacks until 2200 hours (vending machine service is acceptable for snacks).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

The contractor shall provide mid-morning and mid-afternoon drinks and snacks for students when classes are being conducted. The Contractor shall pick up/drop off trainees to and from the airport, lodging and classroom training location.

Classroom/Training Support

The average class runs between 5-8 days in duration. INL expects to train per month one class of 10-15 students with up to two training classes per month. INL will strive to ensure a minimum of 10 trainees for each class. In the event that training requirements increase, the facility shall be capable of accommodating classes up to 50 participants plus 10 instructors and staff at any given time.

Each training class shall require one larger room and three breakout/smaller rooms that would allow for separate simultaneous instruction, depending on the numbers of students and the countries to which they are deploying.

INL will provide a training schedule for each 4-month period, not less than 30 days prior to the beginning of training.

The contractor shall manage housekeeping and maintenance of the classroom and training space to include minor repairs, adjusting room temperature, pick up of trash and garbage, cleaning, and landscaping.

The contractor shall insure all classroom and training space be non-smoking and in accordance with the Americans with Disabilities Act (ADA). The contractor shall comply with all applicable codes and standards regarding heat, ventilation and air conditioning (HVAC), electrical, mechanical, plumbing, and life safety systems.

All classrooms shall have sufficient table or desk space for each student and instructor. Tables shall have wheels to support ease of movement during classroom set-up and instructional activities. Chairs in the classroom shall be adjustable, comfortable and ergonomically designed to sit in for up to an 8-hour instructional period.

Classrooms shall be equipped with adjustable lighting. The classrooms shall have whiteboards, a computer with DVD playing capability, a projector (projecting at a minimum of 4000 lumens) with screen that is sufficient for viewing from all areas of the classroom, a speaker system, flip charts with easels and markers and ample electrical outlets. The classrooms shall be equipped with internet capability (high speed WiFi and Ethernet) with wires/cables to plug into a laptop or other instructional hardware added to the A/V equipment. INL will need access to a minimum of four DVD capable computers and projectors or monitors to accommodate simultaneous instruction in different classrooms. Each classroom’s A/V/electronic equipment shall be compatible, consistent and interoperable. The facility shall have on-site or on-call (available within 1 hour) professional and technical staff to assist with set up and any technical difficulties that may arise with internet, computers, projectors, and electronic equipment.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

All classroom and training space shall be collocated within a 5-minute walking distance, or shuttle ride, from the lodging quarters. The classroom and training space shall have a minimum of 15 non-dedicated parking spaces available. As a preferred requirement, if there is not a Metro stop within a half mile of the classroom and training location, shuttle service to the nearest Metro station shall be considered.

During inclement weather, classes will follow the U.S. Office of Personnel Management guidance (OPM) on delays and closings. The contractor shall provide their facility’s inclement weather delay and closing policy as part of the offer.

The contractor shall provide INL with Monthly Reports detailing services provided, issues raised, and resolution to problems. The contractor shall provide timely resolution of technical or facility problems during the course of training. The contractor shall provide a point of contact in order to quickly resolve any issues that interfere or hamper training.

Workstation Support

The workstation area shall be equipped with, at a minimum, six computer workstations (desk and chair), a high-speed WiFi internet connection, and Ethernet connection. The workspace shall be available up to two days before a class and one day afterwards. This space will be used by contractor or INL staff for administrative purpose when training is being conducted

Workstation computers will be connected to a network copier, printer, and scanner located and readily accessible to INL staff during normal work hours. The copier shall be capable of making two-sided color copies, collating, and stapling.

Storage Support. The contractor shall provide space for the storage of training materials when class is not in session. The storage shall include a large, climate controlled, lockable and secure storage area with shelving and cart storage capacity to accommodate training materials. Ideal measurements for this space are at least 8x12 square feet. The storage space shall be located within the facility for easy access by training staff. Items needed to be stored include but are not limited to flags, maps, tablecloths, banners, laptops, electronic tablets, monitors, handout materials, notebooks, folders, pens and pencils.

DELIVERABLE SCHEDULE

DELIVERABLE DUE

Monthly Report 5 Workday after End of the Month Transition Plan 90 Calendar Day Prior to End of Contract

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

PERIOD OF PERFORMANCE

The period of performance will be for one year from date of contract award, with the option to exercise four, one-year options.

Within the period of performance year(s), the Government reserves the right to add additional optional Guest Room Requirements, at the same rate of the unit price in accordance with the price matrix (I.e. see attached excel pricing matrix document).

PLACE OF PERFORMANCE

The place of performance for guest room requirements (i.e. lodging and airport shuttle service), classroom/training space (i.e. facility), and storage shall be no more than 40 miles driving distance from the US Department of State, which his located at 2201 C Street, NW, Washington, DC 20520. In addition, within the 40 miles an international airport that facilitates flights to INL missions worldwide.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

SECTION 3

EVALUATION AND METHODOLOGY

BASIS FOR AWARD

This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to award to the successful offeror. A decision on the technical acceptability of each offeror’s proposals will be made.

For those offerors, which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. The Government intends to make an award based solely on the initial proposals. If further questions are required, the contracting officer may contact the offeror or offerors for clarifications.

Award will be made to the responsible offeror whose proposal conforms to the Solicitation requirements and past performance (I.e. see Appendix A for template), such as terms and conditions, representations and certifications and technical requirements.

The Department reserves the right to make award without clarifications. However, clarifications will be in the form of written questions, to which the offerors will be required to respond. As part of the evaluation, DOS reserves the right to hold oral presentations and/or complete a tour of Guest rooms and Classroom/Training space.

VOLUME I: GENERAL/TECHNICAL QUOTE

TECHNICAL: ACCEPTABLE / UNACCEPTABLE:

Acceptable

Demonstrates understanding of requirements as outlined in Section Two of the Solicitation; meets performance/capability standards; may have strengths; have no significant weaknesses and no deficiencies; and demonstrates good understanding of requirement.

Unacceptable

Demonstrates a lack of understanding of Section Two of the Solicitation;

fails to meet performance/capability standards; has major weakness or deficiencies, which cannot be corrected without major changes to the quote.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

PAST PERFORMANCE:

The offeror shall provide a minimum of two (2) and a maximum of three (3) Past Performance Contract Profiles that are directly relevant to the required effort and are of similar size (I.e. dollar value), scope (I.e. substantially similar services) and complexity (I.e. degree of difficulty). (See Appendix A for Past Performance instructions).

The offeror shall substantiate in accordance with (IAW) Appendix A that they have the recent experience within 36 months in performing the required work and demonstrate how their past and present experience validates that it will provide expected performance and customer satisfaction.

Confidence

Contractor provides at least 2 Past Performance Contract Profiles that are directly relevant to the requirement, clearly cover the majority of the required service, and performed within the last 36 months.

Additionally, based on the contractor’s past experience and customer past performance, little and/or no doubt exists that the contractor will successfully perform the required effort.

No Confidence

Contractor does not have the minimum of 2 relevant Past Performance Contract Profiles and/or the Contractors past performance record provides extreme doubt that the Contractor will successfully provide the service that meets the requirement.

Volume II Price

The contractor shall provide:

• Complete all “tabs” of the attached excel (I.e. see Pricing Matrix), and dollar values carried out to two decimal places

• Any assumptions and/or exceptions made in preparing the Price Quote, by CLIN, if applicable

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

SECTION 4

ADDITIONAL CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors-Commercial Items (Apr 2014)

52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)

52.203-3 Gratuities (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications (Dec 2012)

52.227-14 Rights in Data – General (May 2014)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.237-3 Continuity of Services (Jan 1991)

52.245-1 Government Property (Apr 2012)

52.245-9 Use and Charges (Apr 2012)

52.251-1 Government Supply Sources (Apr 2012)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision-

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

“Federal contracts and grants with total value greater than $10,000,000” means-

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

(2) If the offeror has been involved in the last five years in any of the occurrences listed in

(c) (1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c) (1) (i) through (c) (1) (iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Mar 2015)

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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision--https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 http://www.acquisition.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

“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;

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

(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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

(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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents https://www.acquisition.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 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.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR

(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

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.