Combined_Syn-Sol_DDAG_Crane_Maintenance.pdf

LIST OF ATTACHMENTS

SP3300-16-Q-0172

ATTACHMENT 1 – STATEMENT OF WORK

ATTACHMENT 2 – PREVENTATIVE MAINTENANCE TASK LIST

ATTACHMENT 3 – WAGE DETERMINATION

ATTACHMENT 4 – SCHEDULE OF SUPPLIES/SERVICES

ATTACHMENT 5 – PRESENT/PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT 6 – SUBCONTRACTING PLAN (RECOMMENDED SAMPLE FORMAT)

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-16-Q- 0172.

(iii) This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-87 effective 6 Apr 2016, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20160510 (Effective 10 May 2016) edition, and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5, and PROCLTR 2015-09. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

(iv) This solicitation is Unrestricted. The North American Industry Classification System (NAICS) code for this project is 811310 and the size standard is $7,500,000.00.

(v) The Schedule of Supplies/Services for this procurement is included as Attachment 4 to this solicitation. This requirement consists of a Base Year and Two (2) Option Periods, with estimated Periods of Performance as follows:

Base Year (CLINS 0001 - 0008) – from 08/01/16 to 07/31/17 Option Year 1 (CLINS 1001-1008) – from 08/01/17 to 07/31/18 Option Year 2 (CLINS 2001 - 2008) – from 08/01/18 to 07/31/19

(vi) Offerors are requested to provide quotes for the following on Attachment 4:

a) Firm Fixed Prices for Monthly Scheduled Preventive Maintenance of the Crane (CLINS 0001, 1001, and 2001)

b) Firm Fixed Hourly Labor Rates for Remedial Maintenance of the Crane (CLINS 0003, 1003, and 2003)

c) Firm Fixed Hourly Rates to provide Crane Rental Support Services to include a crane operator (CLINS 0007, 1007, and 2007)

d) Firm Fixed Prices for Delivery/Mobilization and Pick Up/Demobilization charges for Crane Rental Support Services (CLINS 0008, 1008, and 2008)

(vii) Offerors shall not provide quotes for the following on Attachment 4 as levels of funding will be provided on a Ceiling Price/Not-to-Exceed basis to reimburse the contractor for these expenses:

a) Replacement Parts (CLINS 0004, 1004, and 2004)

b) Rental Equipment (CLINS 0005, 1005, and 2005)

c) Travel Costs reimbursement (CLINS 0006, 1006, and 2006)

d) Annual Contractor Manpower Reporting (CLINS 0002, 1002, and 2002) (not separately priced) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126 http://farsite.hill.af.mil/

(viii) This Request for Quote is issued to establish a contract to provide Crane Maintenance Support Services for one (1) Government owned American-Clyde rail guided 80 ton capacity portal crane located at DLA Distribution Albany, GA. Crane Maintenance Support Services include: Monthly Scheduled Preventive Maintenance; on-call Unscheduled Remedial Maintenance; and Crane Rental Support Services, to include a crane operator, to temporarily continue crane mission services as needed at the depot. The contractor shall also provide Contractor Manpower Reporting on an Annual basis as described in the Statement of Work. The contract will have a combination of firm-fixed price and time and materials line items.

(ix) Scheduled Preventive Maintenance and Unscheduled Remedial Maintenance shall be performed in accordance with the Statement of Work (SOW) included as Attachment 1 and the Preventive Maintenance Task Lists included as Attachment 2 to this solicitation.

(x) Service Contract Act Wage Determination No. 2015 Revision No. 2 dated 12/29/2015 applies to this acquisition, and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as Attachment 3.

(xi) Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

(xii) System for Award Management: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-1(k) and DFARS 204.1103. Registration may be done on line at: www.acquisition.gov or www.sam.gov.

(xiii) Invoicing and Payment: Invoices shall be submitted through Wide Area WorkFlow (WAWF).

The WAWF website is at https://wawf.eb.mil/. The web site contains instructions for registration and use, including how contractors submit invoices via WAWF.

(xiv) Contractors are advised that any and all questions concerning this requirement must be submitted by email to the Contracting Office at DLA Distribution, New Cumberland, PA. Questions may be sent to rafael.dixon@dla.mil.

(xv) The following FAR, DFARS and DLAD provisions apply to this acquisition:

Provisions

FAR 52.212-1 – Instructions to Offerors – Commercial Items (Oct 2015)

Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

The following paragraphs under referenced provision 52.212-1 are hereby deleted:

http://www.acquisition.gov/ http://www.sam.gov/ https://wawf.eb.mil/ mailto:rafael.dixon@dla.mil

(e) Multiple Offers; and

(h) Multiple Awards

Instructions to Offerors

The Offeror shall describe their background, knowledge and experience related to the performance of crane preventive and remedial maintenance support services and crane rental support services. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in the SOW. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, relevant contracts.

The Government shall only consider relevant past performance data. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of scope, complexity, technology, magnitude of effort, and schedule. The Offeror must demonstrate through past performance an ability to perform the work described in the solicitation. This is done by demonstrating that they have successfully executed contracts of similar scope and magnitude within the past five years. The Government recommends submission of at least three contracts, but will evaluate any and all submitted. Offerors shall provide a detailed explanation of the relevance of the contracts or efforts to the requirements as defined in the SOW. If subcontractor experience is provided as part of the most relevant contracts, it will be given weight relative to the percentage of effort being provided by that particular subcontractor in the offer submitted. The references will be evaluated in the aggregate in order to allow Offerors who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above.

If an Offeror or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested below: “(Insert Offeror or subcontractor’s name) has determined that they possess no past performance information in accordance with the RFP.”

To be compliant with this factor offerors shall provide the following information for both the Offeror and proposed subcontractors.

(1) An index of previous contract data for the Offeror. The index shall contain three or more PRIME contracts and SUBCONTRACTS that the Offeror is currently performing or has completed during the last five years. The index shall include:

- Contractor Name

- Name of the customer/agency

- Contract/Purchase Order Number

- Customer points of contact (minimum of two, provide name, telephone number, fax number, and e-mail addresses)

- Length of contract

- Period of performance (dates)

- Initial Contract Price

- Final Contract Price or price as of the last modification

- Description of product/service provided (include sufficient detail to demonstrate the scope and complexity of the product/service provided)

- Discussion of the similarities and differences of experience (include sufficient detail to demonstrate similarities/dissimilarities to the requirements of this solicitation)

- Facilities in which the product/service was performed

- Quality of Past Performance; to include a discussion of actual performance under each contract listed, including problems encountered; how they were resolved; the timeliness of deliverables required; how costs were controlled; business relationships; management of personnel, and any other areas deemed necessary to provide insight into actual performance issues

(2) A narrative synopsis that shall describe the specific nature of the work, similarities with the proposed work and the relevant experience gained.

(3) An index of Previous Contract Data for all subcontractors containing the information listed in (1) above as it relates to PRIME and SUBCONTRACTS that the subcontractor is currently performing or has completed during the last five years.

(4) Completion of the Past Performance Questionnaire (Attachment 5) attached to this solicitation.

Offerors and all subcontractors shall send this questionnaire to previous customers of prime and subcontracts. All questionnaires shall be submitted to the Government by the proposal due date and time identified in the solicitation. All previous contracts the Offeror utilizes for Questionnaire information must be contained in the Previous Contract Data index for the Offeror/subcontractor. The Offeror/subcontractor shall complete the Previous Contract Data index prior to submitting the questionnaire to the customer. The Offeror/subcontractor shall ask the customer to complete the questionnaire and return it directly to the Contract Specialist identified in the solicitation. Government evaluation members may contact the named individuals to clarify, obtain additional information, or conduct a telephone survey of past performance. As such, the Offeror/subcontractor shall provide a list of all Questionnaires submitted that provides the following information:

- Name of the customer/agency

- Date submitted to customer/agency

- Contract/Purchase Order Number

- Customer points of contact (minimum of two, provide name, telephone number, fax number, and e-mail addresses)

- Whether the Offeror/subcontractor was a Prime or Subcontractor

(5) Offerors and their subcontractors may describe any quality awards or certifications that indicate technical excellence in the service requested. Examples of such awards or certifications include, the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g., the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Indicate what segment of the company (division or entire company) received the award or certification and the date. If the award or certification is over three years old, present evidence the qualifications still apply.

The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), and any other information available to determine the quality and relevance of the Offeror’s past performance.

All quote submittals shall be submitted via email to rafael.dixon@dla.mil NLT 12:00PM EDT ON 20 JUNE 2016. Questions shall be submitted by email to rafael.dixon@dla.mil by 3 June 2016, 12:00PM

EST.

The following provisions are incorporated by reference

FAR

PROVISION TITLE

DATE

52.204-7 System for Award Management Jul 2013 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--

Representation Nov 2015

52.217-5 52.225-25

Evaluation of Options Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

Jul 1990 Oct 2015

DFARS

PROVISION TITLE

DATE

252.203-7005 252.203-7996

252.204-7004

Representation relating to compensation of former DoD Officials Prohibition on Contracting with Entities that Require Certain Internal Confidentality Agreements- Representation (Deviation 2016-O0003)

Alternate A, System for Award Management

Nov 2011

Feb 2014

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls Dec 2015 252.225-7000 Buy American – Balance of Payment Program Certificate Nov 2014 252.225-7035 Buy American – Free Trade Agreements – Balance of Payments Nov 2014 Program Certificate 252.247-7022 Representation of Extent of Transportation by Sea Aug 1992

DLAD

PROVISION TITLE

DATE

N/A

The following provisions are incorporated in full text

FAR 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 proceeding 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.

“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.

(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)

FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm-fixed price and a time and material (combination) contract resulting from this solicitation.

(End of Provision)

FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements – Commercial Item (Feb 2007)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates or the offeror under a common control.

(End of Provision)

FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

https://www.acquisition.gov/

(End of Provision)

FAR 52.222-25 Affirmative Action Complete (Apr 1984)

The offeror represents that --

(a) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of Provision)

FAR 52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from DLA DISTRIBUTION, ATTN: CHRISTOPHER C. ROWE, CONTRACTING OFFICER, ACQUISITIONS OPERATIONS, 5404 J AVENUE, BLDG 404, NEW

CUMBERLAND, PA 17070-5059

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

DLAD 52.233-9000 Agency Protests (Nov 2011)

(a) Companies protesting this procurement may file a protest

(1) With the Contracting Officer,

(2) With the Government Accountability Office (GAO), or

(3) Pursuant to Executive Order Number 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office.

(b) Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order Number 12979."

(c) Defense Logistics Agency (DLA) procedures for Agency Level Protests filed under Executive Order Number 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer. Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer.

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (Nov 2011)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the Contracting Officer.

SUBCONTRACTING PLAN (REQUIRED FROM LARGE BUSINESS ONLY)

A subcontracting plan shall be required upon notification and prior to contract award when the apparently successful offeror is “other than small”. (Reference: FAR 19.708(b) and DFARS 219.708(b)(1)(A).)

The submission of a subcontracting plan is required within three business days following notification by the Contracting Officer or Acquisition Specialist and should address the broadest possible scope of small business participation. The apparent successful offeror (large business only) shall demonstrate its understanding and commitment to the utilization of small business concerns by addressing the following information in their subcontracting plan:

PROPOSED SUBCONTRACTING EFFORTS

The subcontracting plan is a submittal requirement under the solicitation and will be a factor in determining contractor responsibility. The solicitation contains FAR clause 52.219-9, “Small Business Subcontracting Plan”. In order to be determined responsible, the Subcontracting Plan described and required by the referenced clause (all 11 elements) must be submitted within the time specified by the Contracting Officer and shall demonstrate a commitment to providing subcontracting opportunities to small business. The plan shall be included and made a part of the contract award document.

A sample Subcontracting Plan format is attached to the solicitation and should be used for this purpose to the maximum extent possible. The sample Plan format requires the submission of subcontracting goals based on a percentage of subcontract value and as a percentage of total contract value.

The Contracting Officer's assessment of appropriate subcontracting goals for this acquisition, expressed as a percent of subcontract value, are as follows:

Small Disadvantaged Business Concerns (includes HBCU/MI)

5.0%

Women Owned Small Business Concerns

5.0%

HUB Zone Small Business Concerns 3.0% Service-Disabled Veteran-Owned Small Business Concerns / Veteran-Owned Small Business Concerns

3.0%

Small Business (DLA Enterprise Goal) 32.0%

The goals included in the offeror’s Subcontracting Plan may be higher, lower, or the same as the goals stated above, depending upon the offeror’s independent assessment. However, the offeror is encouraged to propose goals that are equivalent to, or greater than those recommended above.

The goals and dollars for each small business category as proposed by the contractor shall be clearly stated on the sample Plan format. Cage codes shall also be provided for the offeror and for each proposed small business subcontractor (reference sample format, page 4). In no case are “zero” goals acceptable. Statutory goals of 23 percent for Small Business overall; 5 percent for Small Disadvantaged Business; 5 percent for Women-Owned Small Business; 3% for HUBZone Small Business; and 3% for Service-Disabled Veteran-Owned Small Business should be considered minimum targets. Failure to submit a plan, which shows good faith effort to use Small Business, Small Disadvantaged Business, Woman-Owned, HUBZone, or Service-Disabled Veteran-Owned Small Business concerns will also be a factor in determining responsibility. Any successful offeror that is unable to comply with the requirement to submit a plan or to demonstrate a commitment to small business may be considered nonresponsible. This is a Contracting Officer judgement and determination.

The offeror is advised that a subcontracting proposal will not be rejected solely because the submitted Plan does not meet the recommended goals. If the offeror cannot meet some or all of the goals specified or subcontracting opportunities for small business are very limited for this acquisition, complete rationale/justification shall be provided on the last page of the subcontracting plan sample format. Use of the sample plan format attached to the solicitation is strongly recommended. Failure to use this format may be cause to reject the Subcontracting Plan as unacceptable.

The successful contractor must agree to submit, and ensure its subcontractors submit, the required subcontracting reports. Subcontracting Reports are to be submitted to the eSRS http://www.esrs.gov/) within 30 days after the close of each reporting period as indicated under paragraph 10 of the sample format. For purposes of eSRS reporting and in accordance with DFARS 252.219-7003, the successful prime contractor (if a large business) shall submit an electronic notification for each ISR report directly to the Contracting Officer at the procuring activity. The Contracting Officer will be identified on page 1 of the contract award document.

FAR 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.

Addenda FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) http://www.esrs.gov/

The Government intends to award one contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation using the Lowest Price Technically Acceptable (LPTA) source selection procedure. In order to be considered for award an offer must be provided for all contract line items (CLINS). Quotes shall be evaluated for acceptability only and shall not be rated. Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award.

Award will be based on the total overall lowest price quoted for the Base Year and Two (2) Option Periods which meets or exceeds the technical acceptability standards shown below. Any offeror whose quote has been determined technically acceptable will then have its quote evaluated for the lowest price.

The following criteria shall be used to establish technical acceptability:

Submittal by the offeror of past performance information from three (3) sources that clearly demonstrate they have satisfactorily performed Scheduled Preventive Maintenance and Unscheduled Remedial Maintenance of rail guided portal cranes, and have provided Crane Rental Support Services, to include a crane operator, commercially or for the Government within the past five (5) years.

Past Performance shall be evaluated on an Acceptable/Unacceptable basis. 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 (see FAR 15.305(a)(2)(iv), Past Performance Evaluation). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

To be considered acceptable and eligible for award, an Offeror must address separately all the factors set forth in accordance with the instructions of this solicitation. A major item and/or gross omission which precludes meeting solicitation objectives which cannot be corrected prior to or during discussions without major revision or complete resubmission of the proposal will cause a proposal to be found technically unacceptable. It is the intention of the Government to award without discussions.

The Government is not limited to the information provided above, but reserves the right to independently seek past performance information through open market contacts, government systems, and other government agencies. Information from Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR) will be utilized in evaluation of Contractor past performance in accordance with DLAD 52.213-9005 Contractor Past Performance Evaluation – Automated Systems.

Options – The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year. 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).

(End of Provision)

FAR 52.212-3 – Offeror Representations and Certification – Commercial Items (Mar 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site 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

(q) of this provision.

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

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

“Forced or indentured child labor” means all work or service—

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

http://www.acquisition.gov/

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b)

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

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

https://www.acquisition.gov/

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

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

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

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

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

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

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

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

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

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(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. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are…