A.07.23_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W911KB18R0028 01-Mar-2018

b. TELEPHONE NUMBER

907-753-2703

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 30 Mar 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911KB9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTOPHER TAYLOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

WC1JUW00000001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT-CW (W911KB)

PO BOX 6898

JBER AK 99506-0898

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

238910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Carl E. Moses Floating Breakwater

FFP

Module-to-Module Connection Repairs

FOB: Destination

PURCHASE REQUEST NUMBER: WC1JUW00000001

NET AMT

WORK STATEMENT

Carl E. Moses Floating Breakwater

Module-to-Module Connection Repairs USACE, Alaska District

1. Telephonic initiation meeting 6 April 2018

2. Supply Scope of Work:

Provide all materials identified in the attached sketches (SK-1 through SK-5) and Bill of Materials. Note that the 1 ½” stud link anchor chain is not part of the supply scope of work as it is Government furnished material that is already present in Unalaska/Dutch Harbor. The original construction was completed using metric units, thus the new weldments required are detailed using metric units (mm).

Fastener callouts, where metric, shall be considered soft-metric and shall use the equivalent U.S.

standard dimensional fasteners. Plate thicknesses need not be hard-metric, however fit-up must match the existing work.

3. Installation Scope of Work:

a. The Bill of Materials (BOM) includes some extras for hardware and chain items that will be installed over water. Loss of materials, beyond the extras provided for, shall be replaced, in-kind, by the Contractor at no additional cost to the Government.

b. The Contractor shall be prepared to sort the 1 ½”, galvanized, stud link anchor chain and document the number of pieces of chain and the link count for each piece in the existing stockpile. Notify the Contracting Officer with this information. 106 links of 1 ½” stud link chain weighs approximately 1,200 pounds. The storage stockpile is believed to include 55 pieces in random lengths from 1-link to 85-links as shown in the Clump Weight “Make-Up” Sheet. The Contractor shall assemble the pieces of chain in this stockpile using pairs of chain shackles (see BOM) according to the information shown in the Clump Weight “Make-Up” Sheet. Transport of the chain form its storage location to the project site is a requirement of this scope of work.

c. Sketches SK-0 through SK-5 are provided to support the scope of work. A copy of the AS-BUILT drawings from the floating breakwater (FBW) construction contract (contract number W911KB- 10-C-0024) are included for reference, but shall not be construed as adding to the requirements of the scope of work.

d. Threads of all threaded items, including shackle bolts, shall be fully coated with a marine-grade anti-seize compound prior to assembly.

e. Sequence of work shall follow the sequence of the paragraphs below for each module-to-module location, unless specifically authorized otherwise. No item shall be left in a partially completed state at the end of a work day.

W911KB18R0028

f. Remove existing module-to-module chain connections from existing pad eye weldment by removing the jam nut, nut and two USS washers from the ¾” bolt at each end of the chain. Note that a 28 October, 2015 inspection revealed 13 broken chains on the east FBW and 1 broken chain on the north FBW. Fasteners that are in good condition may be re-used. The existing lengths of ¾” stud link chain shall not be re-used.

g. Remove the top two ¾” A325 bolts from the existing pad eye. Install the new pad eye weldment

(see SK-2) with the new ¾” x 3 ½” A325 bolts and washers. Torque bolts to 200 ft-lb with threads fully coated with anti-seize compound. Note that the new bolts engage embeds less than the original bolts so that all plies should be firmly in contact after bolt torqueing. If plies do not achieve firm contact notify the Contracting Officer for corrective action. Install the new pad eye such that the bearing lug is in full contact with the edge of the existing pad eye base plate.

h. Install spring/mooring lines as shown on sketches SK-1 and SK-2.

i. Install the 7-link module-to-module connection chains in the eight locations shown on sketch SK-0 along the length of the north floating breakwater, and the clump weighted module-to-module connections in the sixteen locations shown on sketch SK-0 along the length of the east floating breakwater. The 1 ½” stud link chain for the clump weighted connections shall be deployed in a fashion to avoid fouling with the existing module anchor chains. See the AS-BUILT drawings to understand how these chains are arranged. Deploying the clump weight chains on the outboard side of the modules, perpendicular to their length should keep them from fouling the existing chains.

j. All excess hardware and chain after completion of the job, both new and used, shall be turned over to the City of Unalaska Department of Public Works. Damaged and/or broken hardware and chain that the Department of Public Works does not want shall be disposed of by the Contractor.

k. Contract completion date 31 July 2018

PROPOSAL SUBMISSION REQUIREMEN

Proposal Submission Requirements and Basis of Contract Award

Carl E. Moses Floating Breakwater Module-to-Module Connection Repairs

Unalaska, Alaska

This is a “Lowest Price Technically Acceptable (LPTA)” solicitation. The Government will evaluate the proposals in accordance with the criteria described herein and award a Time and Materials contract to the responsible Offeror whose proposal is determined to represent the LPTA proposal. The Government will evaluate technical proposals in accordance with the criteria described herein and will award a contract to the LPTA Offeror. Award will be made on the basis of the lowest evaluated price of those proposals that are deemed Acceptable. Proposals receiving an “Unacceptable” rating for Factor 1 below will be excluded from consideration for award.

The evaluation factors for this action are:

VOLUME 1 – TECHNICAL PROPOSAL

Factor Location Description Rating

Factor 1 Vol. 1 Experience and Qualifications Acceptable/Unacceptable

Adjective Ratings: The following adjective ratings will be used in the evaluation of Factor 1 (Experience and Qualifications).

Acceptable (A): The proposal meets minimum requirements of the solicitation.

Unacceptable (U): The proposal does not meet the requirements of the solicitation.

VOLUME 2 – PRICE PROPOSAL

Factor Location Description Evaluation

Factor 2 Vol. 2 Price *Lowest Price

PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated in accordance with the selection criteria below.

The Contractor should prepare their proposal based on information provided in the solicitation documents and which demonstrated their capability to successfully execute the required repair. The Government will evaluate the offeror’s experience, qualifications and price in accordance with the criteria described herein.

Volume 1, Factor 1: Experience and Qualifications. Submit a proposal that demonstrates the offeror has the experience and qualifications listed below. Experience shall be within ten (10) years prior to the date of this solicitation. The Experience and Qualifications description shall be no longer than four (4) pages in length and shall specifically address all of the following:

1) Demonstrated safe working operations in marine environments (two instances)

2) Ability to source parts for quick repairs minimalizing impact on patrons

The evaluation standard has been met when the proposal demonstrates that the offeror has demonstrated that it can operate in a marine environment safely and the Government is satisfied the contractor is able to locate parts for this repair timely.

Volume 2, Factor 2: Price. Submit a properly filled out price schedule.

BIDDER INQUIRY

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 7 Calendar Days prior to proposal submission. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email.

Another email to the same address will notify the prospective vendor once the reply is available for viewing. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted in an amendment to the solicitation in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are finalized. In the event of a conflict between the bidder inquiry responses and the solicitation, the solicitation shall govern.

The Bidder Inquiry Key is: 7F24R3-44AK5M

The Solicitation Number is : W911KB18R0028

Specific Instructions for ProjNet Bid Inquiry Access:

1) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2) Identify the Agency. This should be marked as USACE.

3) Key. Enter the Bidder Inquiry Key listed above.

4) Email. Enter the email address you would like to use for communication.

5) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6) Enter your First Name, Last Name, Company, City, State, Phone, Email, Seret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1) For future access to ProjNet, you will not be provided any type of password. You will utilize your

Secret Question and Secret Answer to log in.

2) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3) Identify the Agency. This should be marked as USACE.

4) Key. Enter the Bidder Inquiry Key listed above.

5) Email. Enter the email address you used to register previously in ProjNet.

6) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

FOR

Carl E. Moses Floating Breakwater Module-to-Module Connection Repairs USACE, Alaska District

Table of Contents

1. Overview

2. Description of Services

3. Roles and Responsibilities

4. Performance Assessment Approach

5. Performance Assessment Documentation

6. Performance Objectives

ATTACHMENT – Corrective Action Report

1. OVERVIEW

1.1 Purpose. The purpose of this Quality Assurance Surveillance Plan (QASP) is to identify the methods and procedures the Government will use to ensure it receives the services under contract as identified in the Statement of Work (SOW). This plan will focus on the level of performance required by the SOW, not the methodology or process.

1.2 Intent. The intent of this plan is to rely on the Contractor’s quality control. Performance Objectives (PO) will be periodically monitored but the Contractor is left as free as possible to develop the most efficient methodology to complete the required of service.

2. DESCRIPTION OF SERVICES

2.1 Scope of Work. Non-Personal Services:

The Carl E. Moses Floating Breakwater Module-to-Module Connection Repairs requires repair to the floating breakwater. Work will be performed in the project area. The contractor must purchase and install the parts listed in the Statement of Work.

The floating breakwater in the Carl E. Moses harbor, for public safety, must be aligned.

All services requested under the SOW are non-personal in nature.

3. ROLES AND RESPONSIBILITIES

Contracting Officer (KO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The KO is the only person who can legally commit the Government and only the KO, as the Government’s agent, can modify the contract/order. The KO is the final authority for determining the adequacy of the Contractor’s performance. KO decisions arising under or relating to the contact are final.

Contracting Officer’s Representative (COR) – An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor’s performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority rests solely with the KO.

Quality Assurance Evaluator (QAE) – An individual designated by the requiring activity to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

4. PERFORMANCE ASSESSMENT APPROACH

4.1 Purpose. This section details the method(s) used to verify Contractor compliance with SOW requirements. The key elements of this process are the Government identified Performance Objectives.

The Performance Objectives from Paragraph 6 of this QASP dictate the minimum inspection requirements COR/QAE must accomplish on a periodic basis. This QASP provides the procedures on how to conduct the evaluations for Performance Objectives and how to document them in a correct and effective manner.

4.2 Method of Surveillance. Surveillance performed by the Government is to provide objective quality evidence that there is a reasonable level of confidence the services provided by the Contractor have met all the requirements of the contract before authorizing payment. The primary method of surveillance are periodic inspections and customer/user feedback.

Periodic Inspection: Inspections will be performed at the completion of each maintenance or repair tasking. Periodic inspections may be performed more frequently if the COR/QAE discovers the quality of the Contractor’s performance is less than acceptable.

Customer/User Feedback: Customer feedback is firsthand information from the actual users of the service and is typically obtained verbally or by email. Verbal customer complaints must be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc.

The COR/QAE will validate the complaint within 24 hours of receipt and contact the Contractor for resolution. If the COR/QAE determines a complaint is invalid, rationale will be cited in the validation section and retained for future reference. Customer feedback will be used to supplement other forms of performance evaluation.

4.3 Annual Review. The COR/QAE must review QASP Performance Objectives, assess their applicability and recommend the addition or subtraction of Performance Objectives as conditions warrant.

This review must be accomplished annually as a minimum.

4.4 Special Audits. The COR/QAE must be alert to conditions that would warrant a special quality audit. Any time the COR/QAE observes that a functional area is out of acceptable performance or that the technical expertise is not available, a request for a quality audit should be addressed to the Contracting Officer.

4.5 Deficiency Identification. Effective contract performance assessment relies on two methods for identification of unacceptable performance – Contractor Identified Discrepancies and Government Identified Discrepancies.

4.5.1 Contractor Identified Discrepancies (CIDs). Generated when contractor employees detect discrepancies during performance of services. When reviewed by the applicable representative, follow procedures below.

4.5.2 Government Identified Discrepancies. Generated as a result of Government inspection of contractor performance that identifies noncompliance with contractual requirements. The Contractor will be given the opportunity to show whether the discrepancy has already been identified and in the process of being resolved.

4.5.3 Procedures

4.5.3.1 Review corrective actions taken by the contractor to resolve a discrepancy.

4.5.3.2 Determine whether the discrepancy has been corrected. If the discrepancy has been resolved, review the corrective action taken and any applicable procedures the contractor has established to preclude recurrence of the problem.

4.5.3.3 If not been resolved and the Contractor has established an estimated completion date for resolution of the discrepancy, the representative will monitor the Contractor’s efforts in resolving the discrepancy. If it is determined the estimated completion date for resolution of the discrepancy is excessive based on the nature of the discrepancy, the Contracting Officer (CO) will be notified. The Government can then evaluate the recommendation to determine the appropriate course of action.

4.5.3.4 If not resolved and the COR determines that the Contractor has not established a resolution of the discrepancy or has failed to perform a follow-up action for resolution of a discrepancy, the COR will issue a report. The Contractor will be given a suspense date to provide corrective action to the Government’s findings and describe the Contractor’s plan to preclude repeat deficiencies.

5. PERFORMANCE ASSESSMENT DOCUMENTATION

5.1 Corrective Action Report (CAR). Used by COR/QAE to document contract requirement findings and subsequent corrective actions to be taken. A computer-generated CAR may be used provided the information on the CAR remains the same. See attached CAR and instructions for filling it out.

5.1.1 The individual identifying the discrepancy is responsible for completing the CAR utilizing the instructions attached. If there are other questions as to how the CAR is completed, that individual should consult the COR.

5.1.2 The COR will elevate any CARs that cannot be resolved with the contractor to the Government Contracting Officer for resolution.

5.2 COR Monthly Reports. COR/QAE shall document contractor performance assessments in the COR monthly reports.

6. PERFORMANCE OBJECTIVES

6.1 Performance Objectives. The following is a list of the contractual Performance Objectives to be validated by the Government. Each Performance Objective includes a government-determined Performance Threshold and is used to perform the verification. The Performance Objectives are arranged according to the functional area they are associated with. Functional areas not listed were omitted because they did not have Performance Objectives identified as critical. The performance objectives in this paragraph represent the minimum items that must have Performance assessment accomplished on a periodic basis. Any Performance assessment of SOW requirements not required by the QASP must still be documented in the COR Monthly Report.

Performance Objective 1: Monthly maintenance as specified in the scope of work.

Performance Threshold: Contractor receives less than 3 customer complaints for the project per contract year.

Method of Performance Assessment: Customer complaint and inspection.

Performance Objective 2: Annual maintenance as specified in the scope of work.

Performance Threshold: Contractor receives less than 3 customer complaints for the project per

Performance Objective 3: Unscheduled repairs as specified in the scope of work.

Performance Threshold: Contractor receives less than 3 customer complaints for the project

CORRECTIVE ACTION REPORT

(If More Space is Needed Use Reverse and Identify By Number)

1. CONTRACTOR

2. CONTRACT NUMBER

3. TYPE OF SERVICES

4. FUNCTIONAL AREA

5. SUSPENSE

DATE

6. CONTROL

NUMBER

7.

FINDING:

FINDING IMPACT:

Please respond with a written corrective action plan that details the corrective action of the cited deficiency, the cause of the deficiency, and actions taken to prevent recurrence by Suspense Date in Block 5. If date was not entered in Block 5, the contractor is not required to provide a response.

8. QUALITY ASSURANCE PERSONNEL (QAP)

TYPED NAME AND GRADE

SIGNATURE AND DATE

9. ISSUING AUTHORITY

TYPED NAME AND GRADE

SIGNATURE AND DATE

10. QAP RESPONSE TO CONTRACTOR CORRECTIVE ACTION AND ACTION TAKEN

TO PREVENT RECURRENCE

11. CONTRACTOR RESPONSE

ACCEPTED REJECTED

12. CLOSE DATE

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items OCT 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.223-4 Recovered Material Certification MAY 2008 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to the lowest-priced technically acceptable offeror. The Government reserves the right to make award on the initial offer received without discussions.

(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 (NOV 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 --https://www.sam.gov/portal

“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.

“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.

(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-https://www.acquisition.gov/

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

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

(c) Offerors must complete the following representations when the resulting contract 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 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.

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.