A.07.23_Combined_Synopsis-Solicitation-MTN_HOME_PARKS_CLEANUP.pdf

W9127S-16-R-0006

The United States Army Corps of Engineers has a requirement to provide Janitorial Services for the Nimrod Project Office as described in the Performance Work Statement. This is a combined synopsis/solicitation for commercial Services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number for this requirement is W9127S-16-R-0006 and will be issued as a RFP. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-

85. FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Please include a completed copy of the provision at 52.212-3, Alt 1, Offeror Representations and Certifications. This is a total Small business set-aside. The NAICS code is 561720 and the applicable Small Business Size Standard is $18 Million. System for Award Management (SAM) applies as required by FAR 4.1102. Offerors must be registered in SAM prior to award.

Lack of registration in the SAM database will make an offeror ineligible for award.

Information on SAM registration & Representations and Certifications can be obtained at https://www.sam.gov/portal/public/SAM/#1. Please check www.fbo.gov frequently for any updated changes that may occur. Point of contact for this solicitation is Vickey Polson at Vickey.j.polson@usace.army.mil. Please submit quotes by March 11, 2016 at 10:00AM CST.

COMBINED SYNOPSIS/SOLICITATION

http://www.sam.gov/portal/public/SAM/#1 http://www.fbo.gov/

PROPOSAL DATA SHEET

PROJECT TITLE: Solicitation No. W9127S-16-R-0006, Mountain Home Project Office, Parks Cleanup for Bull Shoals Lake and Norfork Lake parks.

1. IDENTIFICATION OF OFFEROR

Name of Firm:

Address:

Phone:

Fax:

E-mail:

DUNS # :

(DUNS # is used for accessing the Construction Contractor Appraisal Support System (CCASS)

2. IDENTIFICATION OF JOINT VENTURE PARTICIPANTS

Provide any other assigned number that identifies the member firm(s) in the ACASS or CCASS databases. If a separate DUNS has been created for a joint venture (J-V) it must also be submitted. Provide a DUNS number for each company identified in any proposed Contractor-subcontractor association of firms. If the firm is a joint venture or contractor-subcontractor association of firms, list the individual firms and briefly describe the nature of the association. Provide DUNS for each.

Firm 1:

DUNS# :

Firm 2:

DUNS# :

Firm 3:

DUNS# :

Nature of Association:

3. AUTHORIZED NEGOTIATORS

Reference FAR 52.215-1. The Offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this Request for Proposals (RFP).

Name of Person Authorized to Negotiate:

Negotiator's Address:

Negotiator's Telephone:

Negotiator’s E-mail:

INSTRUCTIONS TO OFFERORS

PROPOSAL SUBMISSION:

Offerors see Provision FAR 52.212-1 and FAR 52.212-2 in Solicitation. Offerors must adhere to the instructions outlined in those provisions to be considered for evaluation and award.

SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL

Number of Sets of the Price Proposal. The Price Proposal will be accepted in an Electronic CD ROM format. Submit two (2) copies of electronic CD-ROM sets of the Price Proposal.

Note: Submit the properly filled out separate Bid Schedule in Excel format, containing proposed line item and total pricing, as well as the Grand Total Amount for the Base and all Option periods. Offerors must complete all line items to be considered for award. All prices quoted are to be FOB Destination to Mountain Home Project Office. All line items must be priced. Bids providing partial pricing may be considered non-responsive.

SPECIFIC INSTRUCTIONS FOR THE NON-PRICE PRICE PROPOSAL

Number of Sets of the Non-Price Factor Proposal. The Non-price factor proposals will be accepted in three (3) tabbed, three-ring binders and two (2) electronic CDs.

Offerors can Bid on Single or on Both Schedule A & B.

Questions concerning this Request For Proposal (RFP) must be submitted in writing by email ONLY. The deadline for questions is February 29, 2016.

Site Visit – An organized site visit will take place on February 18, 2016 at 10:00 am at the Mountain Home Project Office, 324 W. 7th Street, Mountain Home, AR 72653.

Please send an email notification of attendance by February 17, 2016, 10:00 AM.

Email: vickey.j.polson@usace.army.mil and a.j.brown@usace.army.mil.

Review Performance Work Statement (PWS-Attachment) for requirements.

Submit proposals initially on the most favorable terms from a price and technical standpoint. Do not assume that firms will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

Technical Evaluation Factors:

Factor 1: Equipment and Staffing Factor 2: Experience Factor 3: Past Performance

Relative Importance:

Factor 2, Experience, is the most important factor.

Factor 3, Past Performance and Factor 1, Equipment and Staffing, are equal in importance but less important than factor 2, Experience.

Factor 4: Non-technical Price is less important than Factors 1, 2 and 3.

Technical Evaluation Weights:

For the purpose of this evaluation, the following terms will be used to establish the relative importance of the technical factors:

More Important: The criterion is greater in value than another criterion.

Less Important: The criterion is less in value than another criterion.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

mailto:vickey.j.polson@usace.army.mil mailto:a.j.brown@usace.army.mil

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:

EQUIPMENT & STAFFING PLAN:

Submission Requirements: This information consists of the offeror’s management approach to executing the contract. It shall include a proposed tool and equipment listing and a staffing plan to perform the work in accordance with the provisions of the contract. The proposed equipment list should only include the equipment which will be used on this contract, including transportation vehicles, and communication devices. Include type, quantity, and size if applicable. List all safety equipment both installed on machines as well as personal protection equipment to be provided for personnel. If listing equipment to be purchased upon award, a financial responsibility assessment will be made to ensure offeror has the ability to obtain said equipment. The plan must include a system for notification and correction of equipment deficiencies, as well as maintenance schedules and location of repair work. It shall also include a staffing plan that will be used to accomplish the work required within the performance work statement. The proposed staffing plan shall include number of personnel, crew size and composition, hierarchy of authority and position titles, quality control inspection procedures and remedies, and required training.

Resumes for proposed key personnel, consisting of experience and other pertinent information, inclusive of owners, superintendents, quality control inspectors, and foremen must also be submitted. If offeror will be relying on a sub-contractor’s experience, a listing of proposed sub-contractors and their experience on recent and relevant jobs must be provided as well as a proposed staffing plan and resumes of any key personnel proposed by the sub-contractor.

The contractor must have sufficient equipment and personnel to clean 9 parks on each awarded schedule (or 18 parks if contractor is awarded both schedules) during the designated servicing day.

Evaluation Criteria: The Government will evaluate Offeror’s equipment and staffing plan for completeness and reasonableness. Government will evaluate the clarity and strength of the overall organization and how well it is organized and structured to execute the entire scope of work. The Government will evaluate the capability of the firm to execute the project. The Government will evaluate the Contractor’s resources to determine if it has the capability to self-perform the required amount of the project, in accordance with public policy to assure adequate interest in and supervision of all work.

EXPERIENCE:

Submission Requirements: The offeror shall demonstrate recent, relevant experience on similar projects. If the offeror is a joint venture, each firm shall demonstrate experience. Submit detailed examples of relevant work that are currently well underway or performed within the past five (5) yea r s . Relevant work is defined as cleaning high volume public use facilities to include, but not limited to, cleaning restrooms, campsites, and policing grounds, along with managing employees, maintaining a schedule, and ensuring a quality work product across a large region

Evaluation Criteria: The Government will evaluate the Offeror’s recent, relevant experience with similar projects. If the Offeror is a joint venture, each entity must demonstrate qualifying experience comparable to its role on the project. The Government reserves the right to verify the experience record of cited projects or other recent projects or to interview owners or references. The Government reserves the right to check any or all cited references to verify supplied information. The Government will consider extent of recent experience, degree of relevance of such experience to this project, demonstrated familiarity with similar sites and conditions. Some examples of relevancy to this project may include, but not be limited to: (1) Number, size, type work, location; (2) Dates (completion within last five years); and (3) Firm's role and extent of work self-performed.

PAST PERFORMANCE FACTOR:

Submission Requirements: Past performance refers to the quality of recent project experience from the customer’s perspective. Questionnaires: Offerors shall complete Blocks 1-4 of the Past Performance Questionnaire (PPQ), provided as Attachment, for each specific project experience provided. The Offeror shall arrange for the reference customer’s point of contact (client) to complete the remaining Blocks on the Questionnaire and it is the Offeror’s responsibility to submit the completed PPQ with their Proposal. If the client requests, the PPQs shall be submitted directly to the SWL Contract Specialist –Vickey Polson via email at vickey.j.polson@usace.army.mil and Contracting Officer A.J. Brown, III via email at A.J.Brown@usace.army.mil prior to the proposal closing date. Offerors shall request at least a minimum of 3 customer references to complete the PPQs. The questionnaires will only be accepted from previous customers of completed projects. This does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Offerors submitting responses shall present a list of reference contacts that were mailed a past performance questionnaire to complete. The Offeror shall briefly discuss its past performance on each project identified above in order to explain any ratings that may impact its overall rating for this factor (positively or negatively).

These references must be relevant to the work which will be performed in this contract. Relevant work is defined as cleaning high volume public use facilities to include, but not limited to, cleaning restrooms, campsites, and policing grounds. References must be recent within the past five (5) years.

Evaluation Criteria: The Government will assess the degree of success of Offeror’s recent, relevant past performance. Owners/references will be asked to comment on items such as quality of the cleaning services, timeliness, management of subcontractor work, including timely payment to subcontractors or suppliers, safety, relations between customer and contractor, level of support for such things as correcting errors. The Government will target areas covered in the requirements of the Performance Work Statement including records conforming to quality, schedule, customer satisfaction, and problem resolution for errors and safety. Successful outcomes are defined as having received a rating of satisfactory or better, or the equivalent. If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record and cannot tie significant, relevant experience of key personnel proposed for this project to cited experience, past performance will be rated neither favorably nor unfavorably.

PRICE:

SUBMISSION REQUIREMENT: Submit the required Price/Bid Schedule

EVALUATION CRITERIA: The Government will perform a price analysis after completion of technical evaluations. Price analysis will be performed to determine completeness, reasonableness, and understanding of the work. The evaluation will determine the adequacy of the offer in fulfilling the requirements of the proposal.

Completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the statement of work. Reasonableness will be established using historical price information, price competition information, the IGE, or any other pricing tools necessary. Price will not be rated, but will be a factor in making the final best value determination for award.

Award will be made to the offer that represents the Best Value to the Government as determined by evaluation of the aforementioned factors and overall price. The decision will involve an analysis of factors 1-3, providing a rating of each. Factors 1-3, when combined, are significantly more important than price.

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).

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.

EVALUATION:

mailto:vickey.j.polson@usace.army.mil mailto:A.J.Brown@usace.army.mil

An Evaluation Board (EB) will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal, proposal corrections and any information obtained from other sources, e.g. past performance information. The EB will not consider any proposal incorporated by reference, except as expressly allowed by this solicitation.

The evaluation board will meet and determine a rating for each of the evaluation factors by consensus decision. The evaluation team will document strengths (e.g., advantages), weaknesses (e.g., disadvantages), and other comments (e.g., deficiency and/or clarification) to support the rating for each factor, as well as the overall rating. The ratings for the Factors will be expressed in an adjectival assessment of Outstanding, Good, Acceptable, Marginal and Unacceptable. Documentation and comments are required for all ratings. This consensus rating will be provided to the Source Selection Authority who, independently exercising prudent business judgment, will select the Offer providing the best value to the Government for contract award.

RATING ADJECTIVES

Outstanding - Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good - Proposal meets requirements and indicates a thorough approach and understanding of the requirements.

Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable - Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

Risk of unsuccessful performance is no worse than moderate.

Marginal - Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths.

Risk of unsuccessful performance is high.

Unacceptable - Proposal does not meet requirements and contains one or more deficiencies and is un-awardable.

Relevancy The Government will assess how relevant a contract accomplished by the Offeror is to the proposed contract and will evaluate how well the contractor performed on these contracts. The Government may contact sources other than those provided by the Offeror for information with respect to past performance. These other sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability.

More relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

Confidence The EB will review the past performance information available, to include other past performance information deemed relevant, to determine the quality and usefulness as it applies to performance confidence assessment. If any firm has multiple functions or divisions, the Government will only evaluate past performance of the division or unit submitting the offer.

In addition to the above, the Government may review any other sources of information for evaluating past performance. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

DEFINITIONS

Clarifications. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated.

Communications. Exchanges, between the Government and offerors, after receipt of proposals, leading to establishment of the competitive range.

Offerors whose past performance information is the determining factor preventing them from being included in the competitive range. Such communications will address adverse past performance information to which the offeror has not had a prior opportunity to respond; and

Offerors (other than those discussed above) whose exclusion from or inclusion in the competitive range is uncertain.

Communications may be conducted to enhance Government understanding of proposals; allow reasonable interpretation of the proposal; or facilitate the Government's evaluation process. Communications cannot be used to cure proposal deficiencies or material omissions, materially alter the technical or price elements of the proposal, and/or otherwise revise the technical or price elements of the proposal. Such communications may be considered in rating proposals for the purpose of establishing the competitive range, if required. Communications shall not provide an opportunity for the Offeror to revise their proposal, but may address ambiguities in the proposal or other concerns (e.g. perceived deficiencies, weaknesses, errors, omissions, or mistakes and information relating to relevant past performance).

Discussions. Negotiations conducted in a competitive acquisition. Discussions take place after establishment of the competitive range.

Deficiency - A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Strength - An aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength - A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

Weakness - A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness - A significant weakness in a proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

Uncertainty - Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission or mistake).

Clarification - Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated.

BASIS OF AWARD

Proposals must meet the criteria stated in the RFP in order to be eligible for award, to include responsiveness, technical acceptability and responsibility.

The Government intends to award without discussions based on initial proposals received; therefore, the proposals shall contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions in accordance with FAR 52.215-1. The Government reserves the right to address any pertinent issues in the proposals.

The Government will award a task order contract to the responsible Offeror whose proposal the Contracting Officer determines conforms to the request for proposal, is fair and reasonable with regard to pricing, and whose proposal offers the best overall value to the Government. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. If the Government accepts other than the lowest offer, it must be significantly more advantageous than the lowest offer to justify the payment of additional amounts.

The combination of all technical (non-price) evaluation factors are significantly more important than the price. As technical ratings and relative advantages and disadvantages become less distinct, differences in price between proposals are of increased importance in determining the most advantageous proposal. Conversely, as differences in price become less distinct, differences in rating and relative advantages and disadvantages between proposals are of increased importance to the determination.

ATTACHMENTS

Documents and Attachments:

1) Combined Synopsis/Solicitation SF 1449

2) Performance Work Statement (PWS)

3) Bid Schedule (in Excel format) to be returned with proposal

4) Proposal Data Sheet to be returned with proposal

5) Past Performance Questionnaire to be returned with proposal

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.245-1 Government Property APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 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

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 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 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

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

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

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

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

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

(iii) ASSISTdocs.com (http://assistdocs.com).

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

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

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(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:

Evaluation Factors considered are 1) Equipment and Staffing, 2) Experience, 3) Past Performance and 4) Price.

Equipment and Staffing, Experience and Past Performance, when combined, are significantly more important than price.

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(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 2015)

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 (p) 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;

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(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.

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.

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 (p) 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…