W81XWH22Q0002.docx

W81XWH22Q0002

Section SF 1449 - CONTINUATION SHEET

Transport of Regulated Medical Waste

FFP

Provision of labor and materials to provide services for the pick-up of Regulated Medical Waste on a quarterly basis and transport to a designated facility to render the waste non-infectious prior to disposal. Contractor shall provide boxes, bags, and tape for medical waste to be perform in accordance with the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Provision of labor and materials to provide services for the pick-up of Regulated Medical Waste on a quarterly basis and transport to a designated facility to render the waste non-infectious prior to disposal. Contractor shall provide boxes, bags, and tape for medical waste to be perform in accordance with the Performance Work Statement.

NET AMT

FFP

Provision of labor and materials to provide services for the pick-up of Regulated Medical Waste on a quarterly basis and transport to a designated facility to render the waste non-infectious prior to disposal. Contractor shall provide boxes, bags, and tape for medical waste to be perform in accordance with the Performance Work Statement.

NET AMT

FFP

Provision of labor and materials to provide services for the pick-up of Regulated Medical Waste on a quarterly basis and transport to a designated facility to render the waste non-infectious prior to disposal. Contractor shall provide boxes, bags, and tape for medical waste to be perform in accordance with the Performance Work Statement.

NET AMT

FFP

Provision of labor and materials to provide services for the pick-up of Regulated Medical Waste on a quarterly basis and transport to a designated facility to render the waste non-infectious prior to disposal. Contractor shall provide boxes, bags, and tape for medical waste to be perform in accordance with the Performance Work Statement.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-OCT-2022

U.S. ARMY RESEARCH INSTITUTE OF

10 GENERAL GREENE AVENUE, BLDG 42

NATICK MA 01760

W561UG

31-OCT-2023

W561UG

31-OCT-2024

W561UG

31-OCT-2025

W561UG

31-OCT-2026

W561UG

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-1 ADDENDUM:

52.212-1 Instructions to Offerors-Commercial Items.

ADDENDUM to 52.212-1 – INSTRUCTION TO OFFERORS

1. SPECIFIC REQUIREMENTS

a. This section provides guidance for preparation of the offer as well as specific instructions on the format and content of the offer. The Offeror’s proposal must include all data and information requested and must be submitted in accordance with these instructions. The proposal shall also be compliant with all requirements as stated in the Performance Work Statement (PWS).

b. This requirement is a 100% Small Business set-aside.

c. The Government intends to award a single contract to a responsible Offeror after evaluation in accordance with the factors in the solicitation. This will be a firm fixed-price (FFP) award.

d. The Offeror shall submit documentation illustrating its approach for satisfying the requirements of this solicitation. The proposal must be clear, coherent, and prepared in sufficient detail for effective evaluation of the Offeror’s proposal against the evaluation criteria. This documentation shall cover all aspects of this solicitation.

e. The Offeror may describe its proposal through the use of graphs, charts, diagrams and narrative in sufficient detail for the Government to understand and evaluate the nature of the approach.

f. The Government will evaluate only one proposal from the prime Offeror. The Government will not accept alternate proposals.

g. All proposal information is subject to verification by the Government. Falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

h. Offerors must comply with FAR 52.204-7, System for Award Management. In complying with this provision, the Offeror must ensure that all representations and certifications contained in this solicitation are completed and uploaded to its SAM record at http://www.sam.gov by the date specified for receipt of proposals. If the Offeror does not have an active SAM record or has a record that does not include all representations and certifications required in this solicitation, they may be considered ineligible for award.

i. Any data previously submitted in response to another solicitation to USAMRAA or another agency shall be assumed to be unavailable during this proposal evaluation and source selection process.

j. The Government will not reimburse the Offeror for costs incurred as a result of preparation and submission of a proposal in response to this solicitation.

2. OFFER SUBMISSION INSTRUCTIONS:

a. The Contract Specialist (CS) is the point of contact for this acquisition. Any questions or concerns regarding this acquisition shall be submitted electronically via e-mail to joshua.r.dean2.civ@mail.mil and the contracting officer (KO) jennifer.c.jackson18.civ@mail.mil, by 15 October 2021 at 12:00 p.m.

The Offeror shall submit one set of questions only; multiple e-mails will not be accepted. Questions not submitted electronically will not be answered. Answers to all relevant and appropriate questions will be issued via amendment to the solicitation. If other questions are discovered based on the answers received, follow-up questions will be accepted. These questions will be due 2 days after answers to the first questions are received.

b.Submission of offers. The Offeror shall submit their quotation electronically to joshua.r.dean2.civ@mail.mil in accordance with the instructions outlined below:

Proposal is due electronically: Thursday, 21 October 2021 at 3:00 p.m. EDT.

The Offeror’s proposal shall be electronically submitted as set forth below. A signed proposal and your non-price proposal shall be submitted in MS Word or searchable PDF format. Failure to submit all documents concurrently and in accordance with these instructions may be a reason to reject the proposal. The Offeror’s proposal shall consist of two (2) separate volumes. The Volumes are:

• Volume I – Technical Proposal

• Volume II – Price Proposal

Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

Proposal Content and Format Instructions

The Offeror’s submission shall be submitted electronically and include two (2) separate volumes: a Technical Proposal and a Price Proposal. Any pages that are changed, as a result of negotiations or proposal revisions, should be of a different color and have changed information clearly marked by a vertical line in the right margin of the page. The revised pages shall be dated.

Proposals shall be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Times New Roman font is required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

Electronic File Packaging: All of the proposal files shall be separate uploads in their native format, i.e. doc, xls, Adobe etc. Files shall be in read-only format. All price breakdown information to aide in the price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2010. Each file shall be labeled with the volume number, date and the offer’s name. Note: Self extracting exe files are not acceptable.

Content Requirement: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner to permit a complete and accurate evaluation of each proposal. Content shall be indexed (cross-indexed, as appropriate) and logically assembled. Each volume of the proposal shall consist of a Title page, Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

The proposal must follow the following page limits:

Volume 1 – Technical Proposal: Technical Proposal is limited to 20 single-sided pages total. No pricing data or pages shall be included in the Technical Proposal.

Volume 2 – Price: No Page Limit

Pages should be numbered consecutively throughout the document and not by sections. For any sections of a proposal with a defined page limit, pages exceeding the specified limit will be removed and not forwarded for evaluation.

The following shall be included in the Narrative discussion:

Volume 1: Technical Proposal

(A) Technical Approach: The offeror shall provide a written narrative that effectively demonstrates how they intend to meet the Government requirements outlined in the performance work statement (PWS) with specific emphasis on:

1. An understanding of all the tasks required to be performed.

2. An understanding of federal, state and local guidelines covering medical waste.

3. The methodology and flexibility they will use in performing the requirement.

(B) Experience: The Offeror shall submit written information which should effectively demonstrates the Offeror’s relevant experience (for this purpose, experience refers to what an Offeror has done, not how well it was accomplished) identical to, similar to or related to performing services contained within the PWS. The Offeror’s proposal shall demonstrate the amount of relevant corporate experience the Offeror possesses. Offeror’s relevant experience shall support and substantiate that the organization (to include support contractors, consultants, key personnel, and business partners) has current capabilities for assuring performance of this requirement. Experience shall show: (a) Appropriate mix and balance of education and training of team members and (b) Quality and effectiveness insofar as the allocation of personnel and resources.

(C) Quality Control Approach: The offeror shall provide a written narrative that effectively demonstrates a quality control approach with specific emphasis on:

1. How the Offeror will meet and comply with the quality standards established in the PWS.

2. A Quality Control Plan that includes a self-inspection plan, an inter staffing plan and an outline of the procedures that the Contract will use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this solicitation.

(E) Past Performance: The Offeror shall submit a listing of no more than three (3) references for Government and/or commercial contracts for the prime Offeror and one (1) reference of each major subcontractor (if applicable) in performance or awarded during the past three (3) years which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the effort required by the solicitation. Data concerning the Offeror shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

1. The Offeror shall provide the following information:

(a) Contract Number, Contract Type (Fixed Price, Cost Reimbursement, etc.), Awarded price, Award Date, Completion Date

(b) Government contracting activity, current address, Contracting Officer's name, e-mail address and telephone/fax numbers.

(c) Government technical representative/COR, current e-mail address, telephone/fax numbers.

(d) Narrative of work being performed

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Late submissions, modifications, revisions, and withdrawals of offers will be addressed in accordance with FAR 15.208.

Volume 2. Price Quote: Offerors shall provide price quote to meet the firm fixed price nature of the contract. The Offeror shall provide a statement of the methodology and assumptions used as the basis for pricing the services. The price must be sufficiently detailed to evaluate fair and reasonableness. All prices shall be rounded to two decimal places. The Offeror shall ensure mathematical computations are correct. Errors in arithmetic may result in exclusion from competition. The volume shall contain the following section documentations:

· Company Cover Letter

· Contractor POC Cover Page

· SF 1449 - Solicitation, Offer and Award with Blocks 12, 30a, 30b and 30c completed by the Offeror signed by an authorized official of the firm.

· Acknowledgment of Solicitation Amendments

· Contract Administration Data

· Offeror Representations and Certifications Commercial Item at 52.212-3.

· Dun & Bradstreet Number (DUNS), CAGE Code, and Tax Identification Number (TIN).

SF1449, Pricing, Certifications/Representations, shall not be addressed separately from that submitted in II. Price Proposal. Price information shall be included in II. Price Proposal only and shall not be discussed or exhibited in any other part of the Offeror's proposal.

The Offeror's price must stipulate that it is predicated upon all the terms and conditions of the RFP.

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

(a) The Government intends to award a single award. Offerors shall provide their best, complete proposal upon initial submission. The Government reserves the right to hold discussions if deemed necessary by the Contracting Officer. A Technical Evaluation Panel will evaluate all proposals based on the proposals/documentation provided. The evaluations will be based on the evaluation criteria set forth below.

Basis for Award: 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. Award of this requirement will be made on a competitive best value basis, using “best value tradeoff” among cost/price and non-cost/price factors. A best value tradeoff process will be used, thus, the Government may elect to award to other than the lowest priced offeror, or other than the offeror with the highest rated non-cost/price proposal. Past Performance will be evaluated independently from the other non-cost/price evaluation factors using different standards. The non-cost/price evaluation factors numbered in descending order of importance are as follows:

Factor 1. Technical Approach;

Factor 2. Experience;

Factor 3. Quality Control; and Factor 5. Past Performance.

All nonpriced factors combined are significantly more important than cost or price. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical Approach, Experience and Quality Control Approach factors. Offerors receiving a Technical Approach rating of “Marginal” or “Unacceptable” are not elligible for award and their Price Proposals will not be evaluated. Offerors are cautioned that the awards may not necessarily be made to the lowest cost or price offered.

The following factors shall be used to evaluate offers:

Factor 1: Technical Approach - The proposal shall be evaluated to the degree that the offeror has clearly demonstrated how they intend to meet the Government requirements outlined within the performance work statement (PWS) with specific emphasis on:

1. An understanding of all the tasks required to be performed.

2. An understanding of federal, state and local guidelines covering medical waste.

3. The methodology and flexibility they will use in performing the requirement.

4. How the approach is likely to yield the required results within the required time frame.

Factor 2: Experience - The proposal shall be evaluated to the degree that the offeror has clearly demonstrates:

The Offeror’s relevant experience (for this purpose, experience refers to what an Offeror has done, not how well it was accomplished) identical to, similar to or related to performing services contained within the PWS. The Offeror’s proposal shall demonstrate the amount of relevant corporate experience the Offeror possesses. Offeror’s relevant experience shall support and substantiate that the organization (to include support contractors, consultants, key personnel, and business partners) has current capabilities for assuring performance of this requirement. Experience shall show: (a) Appropriate mix and balance of education and training of team members and (b) Quality and effectiveness insofar as the allocation of personnel and resources.

Factor 3: Quality Control Approach: The proposal shall be evaluated to the degree that the offeror has clearly demonstrated how they intend to meet the Government requirements outlined within the performance work statement (PWS) with specific emphasis on:

1. How they will meet and comply with the quality standards established in the PWS.

2. At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor will use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this solicitation.

Factor 4: Past Performance – The Government will conduct a Past Performance evaluation of the Offerors Past Performance. Past Performance consists of two aspects for evaluation, past performance relevancy and performance confidence; thus, the Offeror will be assigned two ratings for past performance. First, the Government will evaluate the Offeror’s past performance references to determine how relevant a recent effort accomplished by the Offeror is to the requirement to be acquired through this source selection. Common aspects of relevance include similarity of service/support, complexity, magnitude of effort, dollar value, and contract type. Second, the Government will evaluate the Offeror’s past performance references to determine the quality of work performed and assess the level of expectation that the Offeror can successfully perform the required effort.

The Offeror will be evaluated based on the narrative description and type of contract work performed similar in size, scope and complexity to the requirements of this solicitation. Offeror shall provide a brief description of contract work and comparability to the proposed effort.

In the case of an offeror without a record or no relevant past performance exists within the offeror’s organization or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. The Offeror’s lack of past performance will be evaluated as an unknown/neutral having no favorable or unfavorable impact on the evaluation.

Factor 5: Price - The award will be a Firm Fixed-Price contract. The Government will evaluate price reasonableness by performing a price analysis to insure that the final agreed-to price is fair, reasonable, and consistent with the proposed level of effort.

The Price Factor will not be assigned an adjectival rating.

The non-price factors, when combined, are significantly more important than price. As the collective non-cost factors begin to reach equality in the technical evaluation, cost becomes a more important factor in the trade off analysis.

(b) Options. The Government will evaluate the offer by establishing a Total Evaluated Cost/Price which will consist of the total cost/price proposed for all base contract line items, option contract line items, and the amount associated with FAR 52.217-8. The amount evaluated under FAR 52.217-8 will be calculated using the rates proposed for the last option period, prorated six months.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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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

(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…