Combined_Synopsis_W81XWH-17-T-0284.docx

COMBINED SYNOPSIS/SOLICITATION

1. Issue Date: 08/15/2017 Close Date: 09/14/2017 09:00 AM EST

2. Solicitation Number: W81XWH-17-T-0284

3. Requiring Activity: Walter Reed Army Institute of Research (WRAIR)

4. Contracting Office: US Army Medical Research Acquisition Activity (USAMRAA)

6. Subject/Description:

This is a non-personal services contract to provide shipping and storage for isolates and reagents/consumables in a controlled environment meeting WRAIR requirements.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This combined synopsis/solicitation is issued as a request for proposal (RFP).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-78.

This is an unrestricted procurement. The relevant NAICS code is 541712 with a small business size standard of 1000.

Questions should be addressed to Ms Flodean Billings at flodean.p.billings.civ@mail.mil and are due no later than 0900 a.m. EST on Thursday, August 31, 2017. Answers will be posted via amendment. Questions will not be accepted by telephone.

It is preferred that quotations be sent electronically to flodean.p.billings.civ@mail.mil. Quotations may be sent to USAMRAA, 820 Chandler Street, Fort Detrick 21702-5014, Attention: Ms Flodean Billings. Regardless of how they are submitted, quotations must be received no later than the closing date and time given on the first page of this solicitation.

Please include your DUNS Number and CAGE Code with your offer.

The resulting contract is expected to be firm-fixed-price.

Section SF 1449 - CONTINUATION SHEET

AMOUNTITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

Job

ROOM TEMP STORAGE SPACE FFP

ROOM TEMP STORAGE SPACE

FOB: Destination

PURCHASE REQUEST NUMBER: 0011028679

NET AMT

QUANTITY

UNIT

UNIT PRICE

ULTRA LOW FREEZER (-70C TO -80C) FFP

ULTRA LOW FREEZER (-70C TO -80C)

W81XWH-17-T-0284

QUANTITY

UNIT

UNIT PRICE

FREEZER (-20C TO -40C) FFP

FREEZER (-20C TO -40C)

QUANTITY

UNIT

UNIT PRICE

DELIVER REQUESTED ISOLATES FFP

DELIVER REQUESTED ISOLATES

QUANTITY

UNIT

UNIT PRICE

DELIVER REQUESTED CONSUMABLES FFP

DELIVER REQUESTED CONSUMABLES

QUANTITY

UNIT

UNIT PRICE

DELIVER REQUESTED RT Supplies FFP DELIVER REQUESTED RT Supplies

QUANTITY

UNIT

UNIT PRICE

PICK UP ITEMS FROM WRAIR FFP

PICK UP ITEMS FROM WRAIR

QUANTITY

UNIT

UNIT PRICE

Each

Contractor Manpower Reporting FFP Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specialist, and Contracting officer no later than 30 November of each calendar year.

QUANTITY

UNIT

UNIT PRICE

OPTION ROOM TEMP STORAGE SPACE FFP

AMOUNTITEM NO 1002

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

OPTION

FFP

FFP

AMOUNTITEM NO 1004

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

AMOUNTITEM NO 1005

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

AMOUNTITEM NO 1006

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

AMOUNTITEM NO 1007

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specialist, and Contracting officer no later than 30 November of each calendar year.

QUANTITY

UNIT

UNIT PRICE

OPTION ROOM TEMP STORAGE SPACE FFP

AMOUNTITEM NO 2002

SUPPLIES/SERVICES QUANTITY

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Job

UNIT PRICE

FFP

AMOUNTITEM NO 2004

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

AMOUNTITEM NO 2005

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

QUANTITY

UNIT

UNIT PRICE

OPTION DELIVER REQUESTED RT Supplies FFP

AMOUNTITEM NO 2007

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specialist, and Contracting officer no later than 30 November of each calendar year.

QUANTITY

UNIT

UNIT PRICE

OPTION ROOM TEMP STORAGE SPACE FFP

AMOUNTITEM NO 3002

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

FFP

AMOUNTITEM NO 3004

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

QUANTITY

UNIT

UNIT PRICE

OPTION DELIVER REQUESTED CONSUMABLES FFP

AMOUNTITEM NO 3006

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

AMOUNTITEM NO 3007

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

QUANTITY

UNIT

UNIT PRICE

Each

OPTION Contractor Manpower Reporting FFP Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specialist, and Contracting officer no later than 30 November of each calendar year.

AMOUNTITEM NO 4001

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

QUANTITY

UNIT

UNIT PRICE

OPTION ULTRA LOW FREEZER (-70C TO -80C) FFP

FFP

AMOUNTITEM NO 4004

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

AMOUNTITEM NO 4005

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

QUANTITY

UNIT

UNIT PRICE

OPTION DELIVER REQUESTED RT Supplies FFP

AMOUNTITEM NO 4007

SUPPLIES/SERVICES QUANTITY

UNIT

Job

UNIT PRICE

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specialist, and Contracting officer no later than 30 November of each calendar year.

SOW

SEE ATTACHMENT 1

QASP

SEE ATTACHMENT 2

STORAGE MEASUREMENT SEE ATTACHMENT 3

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 21-SEP-2017 TO

20-SEP-2018

N/A WALTER REED ARMY INSTITUTE OF RESEARCH

WRAIR

503 ROBERT GRANT AVENUE SILVER SPRING, MD DC 20910-7500

W74MYF

0002 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 21-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 21-SEP-2018 TO

20-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 21-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 21-SEP-2019 TO

20-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 21-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 21-SEP-2020 TO

20-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 21-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 21-SEP-2021 TO

20-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 21-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

Corporations

Officials

Incident Reporting

Reports

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [

] has or [

] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [

] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name) (End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

W81XWH-17-T-0284

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”). Predecessor legal name: .

(Do not use a “doing business as” name). (End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) ) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

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

Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 13.106-2 determining if contractor proposal is “Acceptable” or “Unacceptable.” A single firm-fixed price (FFP) contract will be established if the offeror has been determined responsible and the technical proposal is determined to be acceptable to the Government, cost/price and other factors considered.

To receive consideration for award, offerors must achieve an evaluation of not less than “Acceptable” for the Management Approach and Past performance evaluation factors. The non-cost/price evaluation factors are as follows:

Factor 1: Technical Approach Factor 2: Past Performance Factor 3: Price

Government evaluators will not assume that the offeror possesses any capability or knowledge unless it is specified in the proposal.

Evaluation Criteria: (The following criteria will be used to evaluate the non-price aspects of the proposal.)

Factor 1: Technical Approach : The technical approach will be evaluated to the degree to which the Offeror technical approach demonstrates a clear understanding of all the tasks and how the approach is likely to yield the required results within the required timeframe; the methodology and flexibility that will be used in accomplishing any resultant award; overall ability to perform; The technical approach is creative and reduces cost, technical, or schedule risk to the Government.

Factor 2: Past Performance : The Government will conduct a past performance risk evaluation that will be based on the quality, relevance, and currency of the Offeror's past performance, as well as that of its Subcontractors. This evaluation will consider how each Offeror’s past performance relates to the probability of successful accomplishment of the required effort. Past Performance will be evaluated for the Offeror’s probability of meeting the solicitation requirements. The Past Performance evaluation will consider the Offeror’s demonstrated relevant and recent record of performance in supplying products and services that meet the requirements. A performance confidence assessment rating will be assigned for each Offeror focusing on relevant and recent Past Performance. The Government will review the Past Performance information to determine the quality and usefulness as it applies to performance confidence assessment. The Past Performance risk evaluation will assess the risks associated with an Offeror’s likelihood of success in performing the PWS requirements indicated by the Offeror’s record of past performance on relevant efforts, either included in the proposal or identified by the evaluators in any other manner. In this context, “Offeror” refers to the proposed Prime Contractor and all proposed Subcontractors. The Prime Contractor and proposed Subcontractors will first be assessed individually and the results will then be assessed in their totality to derive the Offeror’s Past Performance rating.

Factor 3 – Price: Price will be evaluated separately from non-price and past performance factors. A price analysis will be performed in order to evaluate the fairness and reasonableness of the proposed price. The proposed price will be evaluated to ascertain consistency with the level of effort described in the offeror’s technical proposal.

3. EVALUATION RATING STANDARDS

Technical Approach Ratings (excluding Past Performance) Technical Acceptable/Unacceptable Ratings Acceptable - Proposal Clearly meets the minimum requirements of the solicitation. Unacceptable - Proposal does not clearly meet the minimum requirements of the solicitation.

Past Performance Ratings

Past Performance Acceptable/Unacceptable Ratings 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 has no reasonable expectation that the offeror will be able to successfully perform the required effort.

(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 (JAN 2017)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

W81XWH-17-T-0284

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 electronically on the SAM website.

(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 representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 ORCA.]

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

(1) ) Small business concern. The offeror represents as part of its offer that it ( business concern.

) is, (

) is not a small

(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 ( not a veteran-owned small business concern.

) is, (

) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, (

) is not a small

(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 ( owned small business concern.

) is, (

) is not a women-

Note to paragraphs (c)(8) and (9): 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…