W9127N-16-Q-0024_Tailshaft_Overhaul_for_Essayons.pdf
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This notice is being posted as an avenue to provide Request for Proposal, W9127N-16- Q-0024.
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY
SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN
SOLICITATION WILL NOT BE ISSUED. This procurement will be Unrestricted. The NAICS code is 336611. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-87.
Title of Requirement: Tailshaft Overhaul for Dredge Essayons
Purchase Description: Contractor shall provide labor materials and equipment to perform inspection and repair of one (1) tailshaft, placement of liners, and package for long term storage.
Submission requirements: Proposals should be E-mailed to whittni.c.hiscox@usace.army.mil by 11:00 a.m. pacific time on May 24, 2016.
Basis for Award: Award will be based on Lowest Price Technically Acceptable.
The Government has a right to reject any and all offers. See FAR 52.212-2, Evaluation – Commercial Items.
LOWEST PRICE TECHNICALLY ACCEPTABLE
Award will be based on a best value Lowest Price Technically Acceptable (LPTA) evaluation methodology. Quotes must meet the minimum criteria stated in the Performance Work Statement (PWS) in order to be eligible for award and must submit the required Technical Factors below for evaluation.
Factor 1 – Past Performance
Submission Requirements: The Offeror shall demonstrate a record of performance on recent relevant projects using the Past Performance Questionnaire (PPQ) form, Attachment 1. The PPQ form is provided for the Offeror to submit to the client (Point of Contact) for each relevant project submitted. Offeror must ensure correct phone numbers and email addresses are provided for the client. Completed PPQs must be submitted with your quote by the specified closing date and time. Offerors shall submit a minimum of two (2), but no more than three (3) PPQs.
Offerors will also be required to submit a narrative describing the technical approach utilized for the repairs completed on each PPQ project submitted. The narrative should describe the equipment and process utilized to successfully mailto:whittni.c.hiscox@usace.army.mil complete the project. The narrative will be limited to no more than one page (single sided) per project.
Evaluation Criteria: The past performance evaluation results in an assessment of the Government’s confidence in the ability of the Offeror to meet the solicitation requirements. The past performance evaluation considers each Offeror’s demonstrated record of performance on recent and relevant projects that involve a similar scope and magnitude of effort and complexities as this solicitation requires. Projects will be evaluated using, but not limited to, the characteristics identified below.
Minimum Requirements for PPQ Projects
Completed in the past three (3) years Demonstrate experience with the installation of stainless steel liners with a minimum inside diameter (ID) of 15.5 inches on marine tailshafts that are at least 43 feet in overall length (single section) and have been performed on an American Bureau of Shipping (ABS) class vessel.
Factor 1 will be evaluated based on an “acceptable” or “unacceptable” basis. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”
The Technical Acceptable/Unacceptable Rating Method is defined as:
Adjectival Rating Description
Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note above)
Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
The Government reserves the right to cancel this solicitation.
W9127N-16-Q-0024
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
Tailshaft Overhaul
FFP
(See Performance Work Statement for further details) FOB: Destination
NET AMT
PERFORMANCE WORK STATEMENT
All items must be filled in completely. Any offers received that are not completely filled out may be rejected.
Please complete the following form:
CONTRACTOR: ____________________________________________________
FACILITY
LOCATION: ____________________________________________________
FACILITY SIZE: ____________________________________________________
DUNS NO.: ____________________________________________________
CAGE CODE: ____________________________________________________
TAX ID NO.: ____________________________________________________
E-MAIL: ____________________________________________________
PHONE NO.: ____________________________________________________
DATE OF QUOTE: ____________________________________________________
I certify that by submission of this quote, I am able to meet all tasks as required by the Performance Work Statement in its entirety.
QUOTE PREPARED AND CERTIFIED BY:
(Printed Name and Title) (Signature)
Notes to Offerors
Note 1: Quotes shall meet the evaluation/submittal requirements located below in FAR 52.212-2, Evaluation – Commercial Items, to be eligible for an award. All work shall be performed in accordance with the Performance Work Statement.
The contract award will be made to the lowest priced technically acceptable, responsible, responsive quote. This is in accordance with Federal Acquisition Regulations (FAR) 52.212- 2, Evaluation– Commercial Items, and FAR 9.104.
Note 2: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.
Note 3: The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.
Note 4: See Performance Work Statement for the period of performance information.
Note 5: TECHNICAL MATTERS: Submit technical inquiries and questions relating to this solicitation via email to the Contract Specialist, Whittni Hiscox at whittni.c.hiscox@usace.army.mil. Inquiry period will end 5 days prior to quote due date.
If an Offeror believes that the requirements in this Request for quote contain an error, omission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this Request for Quote based on the initial quote, as received, without discussion.
Note 6: If amendments to the Solicitation are issued, all Offerors must acknowledge all amendments in their submission.
PERFORMANCE WORK STATEMENT
Tailshaft Overhaul for Dredge Essayons USACE Portland District
1. General: Contractor shall provide all labor, materials, and equipment to perform and repair on one (1) marine vessel tailshaft and package for long term storage.
2. Specifications: The tailshaft is 43 feet in total length and weighs more than 20,000 pounds. The Original Equipment Manufacturer (OEM) is Propulsion Systems Inc.
(PSI) out of Kent, Washington. The tailshaft is a U.S. Army Corps of Engineers Medium Dredge Shaft applied to a CPP System. The PSI serial number is 377-378.
3. Government Furnished Property: The U.S. Army Corps of Engineers shall furnish the following items for use on this contract:
Liner 1(fwd end of stern tube at seal): PSI part # 22885 D, Liner 1;
Material – 316 stainless steel 13.000” shaft diameter, 14.250” OD, 27.5” long
Liner 2 (middle of tail shaft at aft stern tube bearing): PSI part # 22885 D, Liner 2; Material – 316 stainless steel 14.125” shaft diameter, 16.250” OD, 52” long
Line 3 (aft end of shaft where strut bearings ride): ): PSI part # 22885 D, Liner 3; Material – 316 stainless steel 15.5” shaft diameter, 17.625” OD, 83” long
4. Work to Be Performed: The contractor shall coordinate with the OEM Technical Representative throughout the repair process to receive required approvals and inspection/acceptance that repairs were completed in compliance with OEM requirements. The contractor will be responsible for the transport of the tailshaft and Government Furnished Property from the U.S. Moorings 8010 NW St. Helens Rd., Portland, OR 97210 to the repair facility and then back to the U.S. Moorings for storage. Once at the repair facility, the contractor will machine area of erosion at stern liner and take measurements for the minimum allowable diameter. Then, radius tool mark in area of the strut liner location to remove sharp edges caused during previous liner removal. Next, measure Total Indicated Runout (TIR) and perform magnetic particle testing on the entire length of the shaft. The contractor will install the three (3) Government Furnished liners and finish machine/polish to OEM provided specifications. The Strut liner inside diameter (ID) will need to be bored and honed prior to installation. After the liners are placed, machine shaft flange outside diameter (OD) to install A36 “wedding band” and finish machine to OEM provided specifications. Then, machine true 16 mounting bolt-hole counter bores to OEM specifications. The contractor will then prep shaft/install fiberglass between liners and spark test to prove water-tight integrity. Finally, the contractor will preserve shaft for long term storage and package in original cradle.
5. Documentation: Contractor shall provide written report of TIR and all final machined dimensions.
6. Safety: All work performed shall be in compliance with EM 385-1-1 and OSHA regulations.
7. Inspection/Testing: Contractor shall perform spark test of fiber glasses areas in the presence of the Contracting Officers Representative (COR) and OEM representative. OEM representative shall witness final dimensions and visually inspect shaft prior to preservation. The attached Quality Assurance Surveillance Plan (QASP) provides further details.
8. Period of Performance: The Period of Performance for the completion of these services will be 06/15/2016 to 07/15/2016.
9. Payment: Upon completion of the services and final acceptance by the Government, the contractor shall electronically submit an invoice, on company letterhead, listing the following information:
Company Name, Address, Phone Number Date of Invoice Description of Contract Name and Number Contract Price Mark “Final” on final invoice
Invoices shall be submitted to Jon Sandstrom via email at jon.j.sandstrom@usace.army.mil
10. Quality Control and Quality Assurance: The contractor shall inspect work completed to insure that it meets the specifications set forth in this performance work statement prior to submitting invoices for work completed. The Contracting Officer’s Representative (COR) or a representative of the COR shall inspect portions of the work performed by the contractor for quality assurance purposes. In the event that a portion of invoiced work is rejected by the COR and the contractor is required to reperform, the COR or his representative shall inspect the reperformed work. The COR may not accept work that is not compliant with all sections of this performance work statement and with the quality assurance surveillance plan (QASP).
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 15-JUN-2016 TO
15-JUL-2016
N/A MOORINGS/WAREHOUSE/DREDGES
DREDGE OPERATIONS SECTION
PORTLAND DISTRICT, USACE
8010 NW ST HELENS ROAD
PORTLAND OR 97210-3699
503-808-5410 FOB: Destination
W9127N
CLAUSES INCORPORATED BY REFERENCE
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-25 Affirmative Action Compliance APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)
OCT 2015
252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)
OCT 2015
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
LOWEST PRICE TECHNICALLY ACCEPTABLE
Award will be based on a best value Lowest Price Technically Acceptable (LPTA) evaluation methodology. Quotes must meet the minimum criteria stated in the Performance Work Statement (PWS) in order to be eligible for award and must submit the required Technical Factors below for evaluation.
Factor 1 – Past Performance
Submission Requirements: The Offeror shall demonstrate a record of performance on recent relevant projects using the Past Performance Questionnaire (PPQ) form, Attachment 1. The PPQ form is provided for the Offeror to submit to the client (Point of Contact) for each relevant project submitted. Offeror must ensure correct phone numbers and email addresses are provided for the client. Completed PPQs must be submitted with your quote by the specified closing date and time. Offerors shall submit a minimum of two (2), but no more than three (3) PPQs.
Offerors will also be required to submit a narrative describing the technical approach utilized for the repairs completed on each PPQ project submitted. The narrative should describe the equipment and process utilized to successfully complete the project. The narrative will be limited to no more than one page (single-sided) per project.
Evaluation Criteria: The past performance evaluation results in an assessment of the Government’s confidence in the ability of the Offeror to meet the solicitation requirements. The past performance evaluation considers each Offeror’s demonstrated record of performance on recent and relevant projects that involve a similar scope and magnitude of effort and complexities as this solicitation requires. Projects will be evaluated using, but not limited to, the characteristics identified below.
Minimum Requirements for PPQ Projects Completed in the past three (3) years Demonstrate experience with the installation of stainless steel liners with a minimum inside diameter (ID) of 15.5 inches on marine tailshafts that are at least 43 feet in overall length (single section) and have been performed on an American Bureau of Shipping (ABS) class vessel.
Factor 1 will be evaluated based on an “acceptable” or “unacceptable” basis. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.” The Technical Acceptable/Unacceptable Rating Method is defined as:
Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note above)
Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
(b) 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.
ATTACHMENT 1
Past Performance Questionnaire (PPQ) Form
PAST PERFORMANCE QUESTIONNAIRE
NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)
CONTRACT INFORMATION (Contractor to complete Blocks 1-4)
1. Contractor Information Firm Name: CAGE Code:
Address: DUNs Number:
Phone Number:
Email Address:
Point of Contact: Contact Phone Number:
2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):
Contract Title:
Contract Location:
Award Date (mm/dd/yy):
Contract Completion Date (mm/dd/yyyy):
Actual Completion Date (mm/dd/yyyy):
Explain Differences:
Original Contract Price (Award Amount):
Final Contract Price (to include all modifications, if applicable):
Explain Differences:
4. Project Description:
Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)
CLIENT INFORMATION (Client to complete Blocks 5-8)
5. Client Information Name:
Title:
Phone Number:
Email Address:
6. Describe the client’s role in the project:
1. 7. Date Questionnaire was completed (mm/dd/yyyy):
8. Client’s Signature:
NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND
SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED
QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE
FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED TO
SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE
SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC
INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL
INFORMATION ON THIS FORM.
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE
RATING DEFINITION NOTE
(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.
An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner.
A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating.
Also, there should have been NO significant weaknesses identified.
(VG) Very Good
Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.
(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.
(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.
A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.
(U) Unsatisfactory
Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.
An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.
(N) Not Applicable
No information or did not apply to your contract
Rating will be neither positive nor negative.
TO BE COMPLETED BY CLIENT
PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS
YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.
1. QUALITY:
a) Quality of technical data/report preparation efforts E VG S M U N
b) Ability to meet quality standards specified for technical performance E VG S M U N
c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance
E VG S M U N
d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)
E VG S M U N
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)
E VG S M U N
b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract
E VG S M U N
3. CUSTOMER SATISFACTION:
a) To what extent were the end users satisfied with the project? E VG S M U N
b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)
E VG S M U N
c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?
E VG S M U N
d) Overall customer satisfaction E VG S M U N
4. MANAGEMENT/ PERSONNEL/LABOR
a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?
E VG S M U N
b) Ability to hire, apply, and retain a qualified workforce to this effort
E VG S M U N
c) Government Property Control E VG S M U N
d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N
e) Utilization of Small Business concerns E VG S M U N
f) Ability to simultaneously manage multiple projects with multiple disciplines
E VG S M U N
g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes
E VG S M U N
h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)
E VG S M U N
5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed price(s)?
E VG S M U N
b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client
E VG S M U N
c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)
E VG S M U N
d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.
Yes No
e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.
Yes No
f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.
Yes No
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)
E VG S M U N
b) Contractor complied with all security requirements for the project and personnel security requirements.
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).
E VG S M U N
b) Compliance with contractual terms/provisions (explain if specific issues)
E VG S M U N
c) Would you hire or work with this firm again? (If no, please explain below)
Yes No
d) In summary, provide an overall rating for the work performed by this contractor.
Please provide responses to the questions above (if applicable) and/or additional remarks.
Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)
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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(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- 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 (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and 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:
Country of Origin
[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…
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