A.07.23_-_Combined_Synopsis_Solicitation_19Q6010.docx

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W9127S19Q6010
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W9127S19Q6010

W9127S19Q6010

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The simplified acquisition procedures of FAR Part 13 will be used in conjunction with commercial items procedures of FAR Part 12.

Solicitation # W9127S19Q6010. This solicitation is issued as a request for proposal (RFQ).

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, effective December 20, 2018.

The competitive procedures for this requirement are full and open competition. NAICS code is 333922, size standard is 500 employees.

All proposals shall be submitted no later than March 5, 2019, by 1:00pm central time.

A SITE-VISIT is tentatively planned for February 13, 2019, beginning at 9:30am pacific time.

Location:

Navy Medical Center San Diego (NMCSD) 34800 Bob Wilson Dr.

San Diego, CA 92134

Please enter off of Park Blvd through the rear delivery gate entrance shown on the site-visit map. All interested contractors shall meet at the delivery gate at 9:00am pacific time for access to the medical center.

*** Please Note *** All contractors will park at The Veterans Museum parking lot located at:

2115 Park Blvd.

San Diego, CA 92101

All contractors will enter the Veteran’s Museum parking lot using President Way. Exit the parking lot and take a short walk up Park Blvd. Turn on Wieber Ave. at the bottom of the street towards the rear delivery gate entrance of the Hospital Back Gate (NMCSD).

All interested contractors please contact Timothy Pighee via email at Timothy.A.Pighee@usace.army.mil to confirm attendance.

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Automated Guided Vehicle

FFP

Deliver, Install,, and Make the Automated Guided Vehicle (AGV) System fully operational. The requirement shall also include a warranty for the new AGV System and training to hospital staff for operation and maintenance.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
N/A
N/A
N/A
N/A

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items

1. Submission of Offers. Submit signed and dated offer at or before the exact time specified in this solicitation. Failure to provide all required documents or information may exclude the offeror(s) from further consideration. The electronic copy offer shall be accepted at the address identified below. Emailed and faxed proposals will not be considered.

Submit proposals to: CONTRACTING DIVISION USACE, LITTLE ROCK (W9127S)

ATTN: TIMOTHY PIGHEE

700 W. CAPITOL AVENUE, RM 7315

LITTLE ROCK AR 72201-3225

The Packaging:

The Proposals shall be marked:

“Proposals for Solicitation Number: W9127S19Q6010, AGV System, “DO NOT OPEN”

a. Electronic submissions via email or fax will not be accepted. Offers should be mailed through a commercial/Government carrier or hand carried.

b. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted through the Federal Business Opportunities www.fbo.gov website. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information.

c. All interested offerors must contact Mr. Timothy Pighee for access to all solicitation attachments at Timothy.A.Pighee@usace.army.mil. All offerors shall include the following information with request:

· Company Name

· Employee Name

· Email Address

· Telephone Number

d. Questions and/or comments relative to these documents should be submitted via e-mail to the Contract Specialist who is the primary point of contact Mr. Timothy Pighee at Timothy.A.Pighee@usace.army.mil.

e. Technical inquiries and questions relating to proposal procedures are to be submitted via ProjNet at http://www.projnet.org/projnet . To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page identified above please use the following directions:

Click BID tab select Bidder Inquiry, select agency USACE; enter Key for this solicitation listed below, and your e-mail address, click login.

Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

From this page you may view all proposal inquiries or add inquiry. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W9127S19Q6010 The Bidder Inquiry Key is: DNIERM-7FSGN5

The Review will be open from February 7, 2019, 12:00am central time through February 19, 2019, 16:00.

Offerors are requested to review the solicitation in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals

Oral explanations or instructions are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive negotiation acquisition, there is no public bid opening and no information will be given out as to the number of Offerors or the results of the competition until an award is made.

2. General Instructions. These instructions are designed to provide general guidance for preparing proposals as well as providing specific instructions on proposal organization, format, and content. Offerors shall include all documents and information requested and should be submitted in accordance with the instructions. The Offeror is cautioned to follow the instructions carefully, as the Government reserves the right to make an award based on initial proposals received without discussion. However, the Government reserves the right to request clarifications if the Contracting Officer later determines them to be necessary.

a. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale prior to the close of the Solicitation.

b. The proposal must be presented in a manner that clearly addresses the requirements, as set forth in the Statement of Work. Proposals that are overly verbose or include marketing material may distract from the evaluators’ ability to ascertain compliance with the solicitation.

c. Proposal Format. The Government has provided a Statement of Work (SOW) in this solicitation. Offeror’s shall respond to the solicitation with a proposal describing the offeror’s technical approach to Government’s requirements.

Offeror’s proposal will consist of two (2) separate volumes: Price and Technical.

All pages of each offer must be appropriately numbered and identified with the solicitation number W9127S19Q6010 in the header and/or footer of each page. If the RFQ page limits are exceeded, the pages in excess of the limit will be removed and not evaluated.

Two (2) electronic copies of each volume shall be provided in the quantities indicated below. Volume I and Volume II shall be submitted on two (2) separate CD-ROMs. Page limitations are also annotated.

Volume I
Contents
Format
Maximum Page Limit

Price Proposal

· CLIN Pricing Schedule
1 copy in Adobe PDF

1 copy in MS Excel 4 pages

· Representations and Certifications
Adobe PDF
None

Volume II

Technical Proposal

Past Performance

· Technical Proposal

· Company/Team Qualifications and Experience (10 page limit)

· Technical Approach (4 pages)

· Master Schedule (4 pages)

· Commodity Specifications (no page limit)

· Past Performance Information (no page limit)

Adobe PDF
None

CLIN Pricing Schedule. Offeror’s Price Proposal shall be structured as follows:

CLIN 0001 – Advisory and Assistance Services Quote shall include the following data separately priced to support all tasking in SOW:

· Commodities

· Key Personnel

· Delivery and Installation

· Training

· Disposal

What Counts As A Page? A page shall be an 8 ½ X 11” sheet of paper, with the exception of the sample integrated master schedule. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side.

The Contractor shall number each page in order to eliminate any confusion. In the event a contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

Page Limit Includes: All Appendices, Charts, Graphs, Diagrams, Tables, Photographs, Drawings, etc.

Page Limit Does Not Include (For Paper/Hard Copies): Title Page, Table of Contents, Lists of tables and drawings and/or Cross Reference Matrix’s, covers for Volumes, Glossary of Terms/Abbreviations and Acronyms, Indices, and section dividers. Cross-references should be utilized to preclude unnecessary duplication of data between sections.

Copies. Volume I and Volume II shall each have their own CD-ROM.

Proposal Labels. The exterior of the envelope or box containing proposal Volumes, either mailed or hand delivered, shall be labeled with Offeror’s name, title, solicitation number, and marked “ Package X of X” (with “X” indicating the number of packages) and “To be Delivered Unopened to the Contracting Officer.”

Electronic Copies.

a. All electronic copies of volumes shall be submitted on its own CD-ROM disk with a separate file for each Tab in Volumes I and II.

b. Volume I will be submitted using Adobe PDF and Microsoft Office Excel for Attachment 1, Bid Schedule Worksheet. Volume II shall be submitted using Adobe PDF.

c. Sound or video (e.g. MPEG) files should not be embedded into the proposal files.

d. The CD-ROM and protective sleeve will be clearly marked as to volume number, Offeror's name, solicitation title, solicitation number, and marked as “Initial” or “Revision X,” with “X” indicating the number of the revision. Elaborate CDROM disk labels are not required or desired.

Glossary of Abbreviations and Acronyms. Each volume will contain a glossary of all abbreviations and acronyms used, with an explanation for each.

No pricing information is to be presented in any part of the proposal outside of the Volume I.

3. Team/Team Member(s)/Teaming Partner(s). The Government will consider the offeror and all subcontractors a “team” when evidence of a signed Teaming Arrangement or Letter of Intent is provided. This RFP will refer to the offeror and all identified teaming subcontractors as a “team.” This RFP will refer to all identified teaming subcontractors as “team members” or “teaming partners.” The offeror shall identify any Team/Team Members in their Executive Summary and briefly describe how the Teaming Arrangement will be support this requirement.

(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, in order of importance:

FACTOR 1: Company/Team Qualifications and Experience with Automated Guided Vehicle Systems in Medical Facilities

FACTOR 2:Master Schedule and Technical Approach
FACTOR 3:Commodity Specifications
FACTOR 4:Past Performance
FACTOR 5:Price

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

FACTOR 1: Experience Submission Requirements: Page Limit – 10 Pages. Submit Project Information for three (3) projects/task orders completed within the last 5 years that are similar in scope to this requirement. All projects referenced shall provide location and description, point of contact information, project cost, and scope.

Work that would be considered similar would include the procurement and installation and/or disposal of AGV Systems in Medical Facilities.

Evaluation Criteria: Proposal will be evaluated to determine the extent to which it demonstrates the offeror has successfully completed projects of similar scope and complexity.

FACTOR 2: Technical Approach and Master Schedule Submission Requirements: Page Limit – 8 Pages. Submit an approach to completing the tasks outlined in the SOW. Submit a master schedule of the tasks that needs to be completed to fulfill this requirement.

Evaluation Criteria: Proposal will be evaluated to determine the extent to which the offeror understand the scope of this requirement. The proposal will also be evaluated to ensure all tasks outlined in the master schedule will meet the milestone dates outlined in the SOW.

FACTOR 3: Commodity Specifications Submission Requirements: No Page Limit. Please submit cut sheets for all proposed commodities. All cut sheets provided shall include equipment specifications.

Evaluation Criteria: The proposal will be evaluated to determine the extent to which the proposed commodities meets the criteria set forth in the SOW.

FACTOR 4: Past Performance Submission Requirement: No Page Limit. Submit completed Past Performance Questionnaires (PPQ’s) from at least 3 customers demonstrating past performance completed within the past 5 years.

Evaluation Criteria: The Government will evaluate how well the contractor performed on these contracts (See Past Performance Relevancy Ratings and Rating and Performance Confidence Assessments below). 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, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability. The Government may also contact the POC’s identified in Factor 1 to obtain Past Performance Information.

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/yy):

Actual Completion Date (mm/dd/yy):

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:

7. Date Questionnaire was completed (mm/dd/yy):

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.
E VG S M U N

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.
E VG S M U N

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):

Evaluation Criteria: The Government will evaluate how well the contractor performed on these contracts (See Past Performance Relevancy Ratings and Rating and Performance Confidence Assessments below). 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, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability. The Government may also contact the POC’s identified in Factor 1 to obtain Past Performance Information.

FACTOR 5: Price Submission Requirement: The Offeror shall submit pricing for this requirement on the attached bid schedule.

Evaluation Method: Price will be evaluated to determine if the price submitted by the Offeror is fair and reasonable in accordance with FAR 15.404-1(b).

RATING ADJECTIVES AND DEFINITIONS

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.

Evaluators will assign a Past Performance Relevancy Assessment Rating and a Past Performance Confidence Assessment Rating as follows:

Past Performance Relevancy Assessment Rating

Adjectival Rating
Description
Very Relevant
Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant
Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant
Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant
Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Past Performance Confidence Assessment Rating

Adjectival Rating
Description
Substantial Confidence
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
Neutral Confidence
No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.
Limited Confidence
Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.
No Confidence
Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

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

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

“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 its stock 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 the stock of which is owned by one or more women; and

(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 on the SAMwebsite.

(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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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…

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