RFP_SP470319R3745-_DSCR_Refuse_Collection.pdf

Defense Logistics Agency Containerized Solid Waste and Refuse Collection and Disposal Services at the

Defense Supply Center Richmond (DSCR

SP4703-19-R-3745

Source Selection Information -- See FAR 2.101 and 3.104 Page 1

1.0 REQUEST FOR PROPOSAL

1.1 INTRODUCTION

This Request for Proposal (RFP) is issued in an effort to solicit industry for solid waste containerized refuse collection and disposal services at the Defense Supply Center Richmond (DSCR) and stated Tenant Activities therein.

The solicitation is organized into sections as follows:

Section 1 contains contracting information. Special provisions, terms and conditions are stated in this section.

Section 2 provides the Statement of Work (SOW). It includes the objectives for the acquisition and states the performance and technical requirements.

Section 3 provides instructions for submittal of proposals and defines what is required in this submission.

Section 4 provides evaluation criteria that will be the basis for award.

Section 5 provides a list of the provisions and clauses applicable to this solicitation and any resulting contract.

1.2 COMMERCIAL SERVICES REQUIREMENT

This combined synopsis/solicitation is being issued to publish both a notice (synopsis) and a solicitation for commercial services prepared as defined by the FAR (Sub Parts 5.202 & 12.603). This commercial service acquisition is being conducted in accordance with the regulatory authority of the Federal Acquisition Regulation (FAR) Part 12. The RFP is issued on an unrestricted basis. The North American Industry Classification System (NAICS) Code is 562111 and the small business size standard is $38.5M. Partial proposals will not be accepted.

1.3 PRICING

1.3.1 Pricing Mechanisms

Pricing mechanism to be used is Firm-Fixed Price (FFP) for a base year of 12 months and four twelve month option periods. Funds are subject to availability in accordance with Clause 52.232-18 Availability of Funds (APR 1984).

1.3.2 Pricing and Performance Period

The period of performance will be a base period of twelve (12) months from date of award, with four

(4) 12-month option periods. The estimated start date for any contract resulting from this solicitation is October 1, 2019. Contractors should use this date for the development of their pricing proposals.

Source Selection Information -- See FAR 2.101 and 3.104 Page 2

Contractors are to provide firm-fixed pricing for the period of five (5) years to equal a total price.

While firm-fixed pricing is being used, the Contractor will also provide a breakdown of the items/service.

The Government reserves the right to extend the term of this contract in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract.”

The quality of performance shall be used as a factor in determining whether option periods will be exercised. The Government’s obligation for performance of this contract is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract until funds are made available to the contracting officer for performance and until the Contractor received notice of availability, to be confirmed in writing for the contracting office.

1.4 AWARD

1.4.1 Award without Discussion

The Government intends to evaluate proposals and make award without discussions. Proposals should contain the firm’s best terms within the proposed technical and business approach, and should address all evaluation factors. Additionally, the Government reserves the right to conduct discussions and request proposal revisions if it is determined to be necessary. If a negotiation range is established, the Government may limit the number of proposals in the negotiation range to the greatest number that will permit an efficient competition among the most highly rated proposals.

1.4.2 No Award

The Government reserves the right not to make an award as a result of this solicitation if such award is determined contrary to the best interest of the Government.

1.5 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

In order to maintain its business relationships with industry and to avoid costly litigation, DLA is committed to promoting the use of Alternative Dispute Resolution (ADR) techniques, especially mediation. ADR is a voluntary process whereby a neutral third party assists the parties in resolving a dispute. DLA invites contractors to join DLA in agreeing to use their best efforts to resolve any pre-award or post award dispute that may arise from this solicitation, and any subsequent award, without litigation. If unassisted negotiations are unsuccessful, the parties agree to use ADR techniques in an attempt to resolve the dispute. Likewise, the parties agree that formal protest procedures or litigation will only be considered as a last resort, such as when ADR is unsuccessful or when ADR has been documented to be inappropriate for resolving the dispute. If the ADR is not successful, the parties retain their existing rights.

Source Selection Information -- See FAR 2.101 and 3.104 Page 3

1.6 RFP SCHEDULE

The period of the solicitation is as follows:

Issue Solicitation

August 12, 2019

Closing Date of Solicitation

September 11, 2019

4:00 PM ET

QUESTIONS: Offerors may submit questions requesting clarification of solicitation requirements by emailing the Contract Specialist at charlotte.bumgarner@dla.mil and/or the Contracting Officer at kyle.gregory@dla.mil. All questions must be received by 5:00pm EST on August 23, 2019.

NO PHONE CALLS WILL BE ACCEPTED.

1.7 POINTS OF CONTACT

Contract Specialist:

Ms. Charlotte Bumgarner Comm. Phone: (804) 279-3606 / Fax: (804) 279-3246 Email: Charlotte.Bumgarner@dla.mil

The Contracting Officer for this procurement is Kyle Gregory who may be reached by phone at (804) 279-6573 or via e-mail at Kyle.Gregory@dla.mil.

1.8 INVOICING INSTRUCTIONS

Invoices must be submitted through Wide Area Workflow (WAWF) in accordance with DFARS

252.232-7003. Refer to https:\\wawf.eb.mil for additional information.

1.9 SUBMISSION OF PROPOSALS

Contractors must submit their proposals electronically via email to charlotte.bumgarner@dla.mil by the designated closing time and date indicated below.

** Interested vendors are hereby advised that the maximum size of an email to be received by a dla.mil email address is set to 15 MB. This limit includes attachments and digital signatures. Larger attachments will need to be split and sent via multiple emails.

mailto:charlotte.bumgarner@dla.mil mailto:kyle.gregory@dla.mil mailto:Charlotte.Bumgarner@dla.mil mailto:Kyle.Gregory@dla.mil mailto:charlotte.bumgarner@dla.mil

Source Selection Information -- See FAR 2.101 and 3.104 Page 4

The Government will process late submissions of proposals in accordance with Paragraph (f) of FAR 52.212-1 Instructions to Contractors – Commercial Items (Jan 2004). If an offer is received late and is not eligible for consideration in accordance with FAR 52.215-1 and Alternate I, then the Government will reject that proposal without further consideration.

2.0 STATEMENT OF WORK

See attached Statement of Work.

3.0 SUBMISSION REQUIREMENTS

3.0 SUBMISSION REQUIREMENTS

3.1 Proposal Requirements

3.2 Instructions

Instructions contained herein are to serve as a guide in preparation of proposals for this solicitation and are not intended to be all inclusive. These instructions generally describe the type and extent of information that should be provided in the proposal and emphasize several areas that are generally considered significant. The offeror is expected to completely examine and analyze all aspects of the technical areas to be addressed and to include information in his proposal that will enable the evaluators to determine the offerors’ understanding of the requirements.

3.3 Proposals submitted shall be contained in two separate volumes in the required number of copies as follows:

Volume I – Non-Price Proposal consisting of:

A. Executed/signed RFP B. Technical/Management Proposal

Volume II – Price Proposal

3.3.1 All proposal pages should be in the following format/form:

a. Page Size 8 ½” x 11”

b. Single spaced, single sided, typed and numbered pages

c. Font size no less than 10

3.3.2 Proposals (Volumes 1 & 2) shall be submitted electronically via e-mail to charlotte.Bumgarner@dla.mil mailto:charlotte.Bumgarner@dla.mil

Source Selection Information -- See FAR 2.101 and 3.104 Page 5

3.4 Volume I – Non-Price Proposal:

A. Executed/Signed RFP (Page Limit: None). A signed RFP shall be included in Volume I. All certifications, representations and acknowledgements must be executed and included in this volume. The

RFP including pricing and attachments, as executed by the offeror and the Government, shall become part of the contract award.

B. Technical/Management Proposal (Page limit: 5 pages). The Technical Proposal should consist of two elements:

(1) A description of the vendors’ understanding of the work to be performed as described in the Statement of Work. The proposal should demonstrate an understanding of the requirement and include a plan for satisfying the Government’s minimum needs. The proposal should outline the actual work as specifically as possible.

(2) Past Performance: The vendor shall document past performance and experience working with projects similar to the one described in the SOW. Past performance and experience should demonstrate relevancy to the prior projects, and document customer satisfaction and quality level achieved on prior projects.

3.5 Volume II – Price Proposal (Page limit: None):

3.6 A firm fixed price proposal shall be provided for this requirement based on a 12-month base with four 12-month option periods. Section B of the RFP shall also be completed and submitted with the vendor’s proposal. Proposals shall be the basis of the vendor’s proposed price and should include a spreadsheet containing the proposed labor categories, and number of personnel. Additional pricing information may be provided separately as necessary. The Contractor is responsible for providing adequate documentation to enable a thorough evaluation of the proposal.

In accordance with FAR 2.101 and 3.104-4, it is required by your company to mark all material that may be source selection information as described at paragraph (10) of the “source selection information” definition in FAR 2.101, to include the cover page and each page that may contain source selection information with the legend “Source Selection Information – See FAR 2.101 and 3.104.

4.0 EVALUATION CRITERIA

4.1 BASIS FOR AWARD

Evaluation of the vendor’s proposal will be accomplished for the criteria areas identified in 3.0 SUBMISSION REQUIREMENTS of this RFP, to determine the offerors’ ability to satisfy the Government’s requirements. The Government intends to award a contract for the tasks defined in the

SOW. The award will be made on the basis of Lowest Price Technically Acceptable (LPTA) source selection process. Proposals will first be evaluated on the basis of technical acceptability, which will be determined by evaluating both the Technical and Past Performance factors. Only the proposals found to

Source Selection Information -- See FAR 2.101 and 3.104 Page 6 be technically acceptable will be further evaluated for award. In the case of a vendor 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 in accordance with FAR 15.305(a)(2)(iv). Therefore, the vendor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Price will be evaluated for reasonableness and completeness.

4.2 EVALUATION FACTORS

The proposal will be evaluated on the basis of the following criteria:

Factor 1- Technical/Management Capability

In evaluation of this factor, proposals will be evaluated to ensure:

1. Vendor’s understanding of the work, as evidenced by proposed plan for overall implementation and execution of project.

2. Current corporate capability to perform contract, including relevant corporate experience.

3. Evidence of a process for ensuring quality and timeliness of deliverables.

Based on the Government’s evaluation of the respective vendor’s technical proposal, each vendor shall be assigned an overall Technical Rating in accordance with the table below:

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation

Unacceptable Proposal does not meet the requirements of the solicitation.

Factor 2- Past Performance

In evaluation of this factor, proposals will be evaluated to ensure:

The vendor’s past performance relates to prior relevant projects, and will be evaluated to ensure the Government has an acceptable level of confidence that the vendor can adequately perform the taskings described in the SOW.

Based on the Government’s evaluation of the respective vendor’s past performance information, each vendor shall be assigned an overall Performance Confidence Rating in accordance with the table below:

Source Selection Information -- See FAR 2.101 and 3.104 Page 7

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 3- Price

Proposed price will be evaluated to determine reasonableness and completeness. The total firm-fixed price will be evaluated. The total acquisition price is the sum of the proposed price for all labor for the entire performance period of the 12-month base plus the four 12-month option periods.

The following clauses are incorporated into this RFP:

For full text of the clauses, go to https://www.acquisition.gov/FAR/loadmainre.html or http://farsite.hill.af.mil/vffar1.htm.

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS: Disregard references to the SF1449 in this provision; other instructions still apply.

52.212-2 EVALUATION -- COMMERCIAL ITEMS: The following evaluation criteria are included in paragraph (a) of that provision: The contracting officer will make award based on price and requirement stated in the Statement of Work/Performance Work Statement.

52.212-3 OFFEROR REP AND CERTS -- COMMERCIAL ITEMS

52.212-3 OFFEROR REP AND CERTS -- COMMERCIAL ITEMS ALT I

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS

52.212-5 CONTRACT T/C REQ TO IMP STAT OR EOS -- COMM ITEMS

52.222-3 Convict Labor

52.222-19 Child Labor

52.222-50 Combating Trafficking in Persons

52.239-1 Privacy or Security Safeguard

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.203-6 Restrictions on Subcontractor Sales to the Government with Alternate I

5.0 PROVISIONS AND CLAUSES

https://www.acquisition.gov/FAR/loadmainre.html http://farsite.hill.af.mil/vffar1.htm

Source Selection Information -- See FAR 2.101 and 3.104 Page 8

52.203-13 Contractor Code of Business Ethics and Conduct

52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

52.219-28 Post Award Small Business Program Representation

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity for Veterans

52.222-36 Affirmative Action for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-54 Employment Eligibility Verification

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration

52.222-41 Service Contract Act of 1965

52.222-42 Statement of Equivalent Rates for Federal Hires

52.222-43

Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts)

52.222-44 Fair Labor Standards Act and Service Contract Act -- Price Adjustment

52.222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements

52.211-9069 Time of Delivery – Ordering Office DLAD

52.212-9004 Reference to UCF in Commercial Acquisitions DLAD

52.215-9016 Notice to Contractors and DFAS DLAD

52.219-28 Post-Award Small Business Program Representation

52.243-1 & ALT I Changes – Fixed Price

52.246-9039 Removal of Government ID from Non-accepted supplies DLAD

52.247-9012 Requirement for Treatment of Wood Packaging Material DLAD

52.247-9034 Point of Contact for Transpiration Instructions DLAD

52.249-9000 Administrative Costs for Procurement After Default DLAD

52.219-9004 Small Business Program Representations DLAD

52.237-9003 Site Visit Coordinator DLAD

52.203-6 Restrictions on Subcontractor sales to the Government & Alt 1

252.203-7000 Requirement Relating to Compensation of Former DoD Officials

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Source Selection Information -- See FAR 2.101 and 3.104 Page 9

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.222-36 Affirmative Action for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-40 Notification of Employee Rights under the National Labor Relations Act

252.211-7006 Passive Radio Frequency ID DFARS

52.211-9033 Packaging and Marking Requirement DLAD

252.201-7000 Contracting Officer’s Representative DFARS

252.212-7001 CONT T/C REQ TO IMP STAT OR EXEC ORD APP TO ACQ OF COMM ITMS

252.246-7000 Material Inspection and Receiving Report DFARS

52.246-4 INSPECTION OF SERVICES -- FP

52.246-9007 INSPECTION AND ACCEPTANCE AT DESTINATION

52.211-17 DELIVERY OF EXCESS QUANTITIES

52.242-15 STOP-WORK ORDER

52.242-17 GOVERNMENT DELAY OF WORK

52.247-34 FOB Destination

252.203-7002 REQT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204-2 SECURITY REQUIREMENTS

52.204-7 CENTRAL CONTRACT REGISTRATION

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

252.204-7004 ALTERNATE A (52.204-7 REQUIRED CCR)

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES

52.204-9003 CONTRACTOR SECURITY REQUIREMENTS

52.204-9000 CONTRACTOR PERSONNEL SECURITY

52.209-9014 VEHICLE REGISTRATION AND OPERATIONS

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION, ALT I

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION, ALT II

252.232-7010 LEVIES ON CONTRACT PAYMENTS

52.233-9001 DISPUTES: AGREEMENT TO USE ADR

52.239-9000 Y2K COMPLIANCE NOTICE

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES

52.252-2 CLAUSES INCORPORATED BY REFERENCE

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

Source Selection Information -- See FAR 2.101 and 3.104 Page 10

52.215-5 FACSIMILE PROPOSALS

52.216-1 TYPE OF CONTRACT: FFP

52.233-9000 AGENCY PROTESTS

52.245-1 GOVERNMENT PROPERTY

52.223-1 BIOBASED PRODUCT CERTIFICATION

52.223-2

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

52.223-4 RECOVERED MATERIAL CERTIFICATION

52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW INFORMATION ALT I

52.232-9

ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS

52.223-10 WASTE REDUCTION PROGRAM

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

52.223-16

IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF

PERSONAL

COMPUTER PRODUCTS (EPEAT)

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE

AND CONSTRUCTION CONTRACTS

52.223-19

COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

252.223-7001 HAZARD WARNING LABELS

252.223-7004 DRUG-FREE WORK FORCE

252.223-7006

PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS DFARS

52.223-9000 MATERIAL SAFETY DATA SHEETS AND HAZARD WARNING LABELS

52.223-9001 ESTIMATE OF RE-REFINED OIL CONTENT

52.223-9004 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

52.209-6 Protecting the Government’s Interest when subcontracting with contractors debarred, suspended, or proposed for debarment

52.209-10 Prohibition on Contracting with inverted domestic corporations

52.225-13 Restrictions on certain foreign purchases

52.201-1 Definitions

52.203-3 Gratuities

52.203-5 Covenant against Contingent Fees

52.203-7 Anti-Kickback Procedures

52.216-24 Limitation of Government Liability

Source Selection Information -- See FAR 2.101 and 3.104 Page 11

52.216-25 Contract Definitization

52.225-13 Restrictions on Certain Foreign Purchases)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification

52.232-1 Payments

52.233-2 Service of Protest

252-232-7003 Electronic Submission of Payment Requests

52.232-9000 Wide Area Workflow-Receipt and Acceptance (WAWF-RA)

52.227-14 &

ALT II Rights in Data - General

252.227-7013 Rights in Technical Data—Non-commercial Items

252.227-7014 Rights in Non-commercial Computer Software and Non-commercial Computer Software Documentation

252.227-7015 Technical Data—Commercial Items

252.227-7016 Rights in Bid or Proposal Information

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends

252.227-7030 Technical Data--Withholding of Payment

252.227-7037 Validation of Restrictive Markings on Technical Data

52.245-1 Government Property

252.227-7025 GFI (Government Furnished Information)

52.222-55 Minimum wages Under Executive Order 13658

52.222-99 Establishing a Minimum wage for Contractors. (DEVIATION)

52.232-9010 Accelerated Payments to Small Business

52.216-01 TYPE OF CONTRACT: FFP

252.232-7003 Wide Area Workflow (WAWF)

52.217-05 Evaluation of Options

52.217-08 Option to Extend Services

52.217-09 Option to Extend the Term of the Contract

GREEN PROCUREMENT: All products proposed for use in, or requisitioned under this contract must conform to federal Green Procurement regulations as they relate to the Environmental Protection Agency's (EPA) Comprehensive Procurement Guidelines. These products include Energy Star or Federal Energy Management Program designated electronics; United States Department of Agriculture bio-based designated products; Electronic Product Assessment Tool designated electronics; alternative fuels and fuel efficiency; and non-ozone depleting substances. Such products must meet contract performance requirements, taking into consideration price, competition, and availability factors.

Source Selection Information -- See FAR 2.101 and 3.104 Page 12

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

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

Factor 1- Technical/Management Capability

Factor 2- Past Performance Factor 3- Price

(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.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Nov2017)

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

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20316 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20316 http://www.sam.gov/portal

Source Selection Information -- See FAR 2.101 and 3.104 Page 13

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—

(6) 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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

Source Selection Information -- See FAR 2.101 and 3.104 Page 14

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

Source Selection Information -- See FAR 2.101 and 3.104 Page 15

(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

Source Selection Information -- See FAR 2.101 and 3.104 Page 16

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 https://www.acquisition.gov/

Source Selection Information -- See FAR 2.101 and 3.104 Page 17 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

Source Selection Information -- See FAR 2.101 and 3.104 Page 18

(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--

Source Selection Information -- See FAR 2.101 and 3.104 Page 19

(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.

Source Selection Information -- See FAR 2.101 and 3.104 Page 20

(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.”

Source Selection Information -- See FAR 2.101 and 3.104 Page 21

(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:

Source Selection Information -- See FAR 2.101 and 3.104 Page 22

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American— Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Source Selection Information -- See FAR 2.101 and 3.104 Page 23

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

Source Selection Information -- See FAR 2.101 and 3.104 Page 24

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust…