B.08.02 Combined snyopsis solicitation.pdf
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- Solicitation number
- W9127S22Q0007
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.
***Please read these instructions carefully.***
Solicitation number W9127S22Q0007 is issued as a request for quotation (RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-02.
Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business.
The NAICS Code 561210 and the applicable size standard of $41.5M.
Description of requirements for the items to be acquired: The intent of this contract is to provide general maintenance, electrical maintenance, and plumbing maintenance services at Pine Bluff Site Office facilities. Services include but not limited to general maintenance, performing electrical and plumbing repairs and installation. The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, transportation, and vehicles, except as otherwise provided for herein, necessary to assure that all services are performed in accordance with the contract specifications, drawings, attachments, exhibits, and all applicable laws, Date(s) and place(s) of delivery and acceptance and FOB point:
The work to be performed under this contract will be performed at all parks and property under the responsibility of the Pine Bluff Site Office.
Base Year – March 1, 2022, or date of contract award, whichever is later, through February 31, 2023 Option Year I – March 1, 2023 through February 28, 2024 Option Year II – March 1, 2024 through February 28, 2025
Site Visit Information When: February 10th at 10AM CST Where: 4305 Charles Wooden Rd Pine Bluff, AR 71601 RSVP: Greg Davis at 501-324-6110 or James.G.Davis@usace.army.mil
The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition . Offerors are also required to submit a completed copy of the Request for Quotation cover page, a completed copy of the quote schedule, and Technical Evaluation Outlined in Submission requirements outlined in 52.212-2
The provision at 52.212-2, Evaluation -- Commercial Items, is applicable to this solicitation.
Award will be made to the responsible offeror whose offer is determined to be the most advantageous to the Government price and other factors considered.
Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.
The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.
The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.
Quotes are due on February 24th, 2022 at 1PM CST. Email submission of quotations are preferred in .pdf form, however Fax or Mail submissions are allowed.
Required Documents to Submit:
1. Request for Quotation cover page (signed)
2. Completed (filled in) Provisions, as applicable
3. Quote Schedule with unit prices and total prices.
4. Technical Evaluation outlined in 52.212-2
5. Signed Amendments, if applicable
When submitting your quote, be please make sure the solicitation number, W9127S222Q0007, is written in the subject line or on the outside of the envelope.
Email: Shelby.m.henson@usace.army.mil
Fax: (501)340-5196
If sending by mail, please submit your quotes to the following address:
US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Shelby Henson 700 West Capitol Avenue, Room 7315 Little Rock, AR 72201
If you have any questions regarding this solicitation, please contact:
Shelby Henson 501-340-1249 Shelby.m.henson@usace.army.mil
REQUEST FOR QUOTATION COVER PAGE 3
US Army Corps of Engineers, Little Rock District
Contracting Division
700 West Capitol Avenue Room 7315
Little Rock, AR 72203
W9127S22Q0007, IDIQ General Maintenance at Pine Bluff Site Office
Submitted by
Offeror Name:
Offeror Address:
Street
City/State
Offeror Email Address:
Cage Code:
DUNS Number:
TIN:
Telephone Number:
Signature:
Date:
EST.
QUANT UNIT
50 Each 100 Each 750 Hours
70000 Each 230 Cubic Yard 185 Cubic Yard 180 Ton 230 Ton 130 Ton
430 Ton 230 Ton
6050 Square Foot 6200 Square Foot 1000 Cubic Yard 22000 Square Foot 5500 Square Foot
3000 Square Foot 270 Hours 150 Hours 150 Hours 200 Hours 250 Hours
200 Hours 70 Hours 250 Hours 200 Hours 200 Hours 200 Hours
40 Each 450 Hours
3500 Linear Foot 400 Linear Foot 45 Each 475 Hours
1300 Linear Foot 1000 Linear Foot
16 Each
EST.
QUANT UNIT
50 Each 100 Each 500 Hours
50000 Each 150 Cubic Yard 100 Cubic Yard 100 Ton 150 Ton 100 Ton
250 Ton 150 Ton
4000 Square Foot 6000 Square Foot 700 Cubic Yard
15000 Square Foot 2500 Square Foot
1000 Square Foot 200 Hours1018 Dump Truck with Operator
1015 General Painting (Contractor Provided) 1016 Repair/ Replace Metal Roofing
1017 Repair/Replace Conventional (Shingle) Roofing
1012 4" Thick Concrete Slab 1013 6" Thick Concrete Slab 1014 Debris Removal
1009 Sand
1010 Quarry Run Stone 1011 B-Stone
1006 Fill Material 1007 Screening Material 1008 Aggregate Base Material
1003 Unscheduled Labor Hours (General)
1004 Material Costs 1005 Topsoil
ITEM # DESCRIPTION PRICE $Amt.
1001 Normal Service Call-General Maintenance 1002 Site Visit / Negotiation to provide maintenance services as described in the Performance Work Statement at Pine Bluff Site Office (MKARNS) for the period March 1, 2023 through February 29, 2024.
UNIT EST.
Independent Government Estimate
SCHEDULE A GENERAL MAINTENANCE - PINE BLUFF SITE OFFICE
OPTION YEAR 1 - BID SHEET
Furnish all necessary management, personnel, 0037 Inspect Reduced Pressure Zone Assemblies
Base Year Total:
0034 Unscheduled Labor Hours (Plumbing)
0035 Replace/Install Underground Water Line PVC 3/4" to 2" 0036 Replace/Install Underground Sewar Line PVC 2" to 4"
0031 Replace/Install Underground Electrical Lines 0032 Utility Road Crossing 0033 Normal Service Call-Plumbing
0028 Tractor with implements and operator
0029 Normal Service Call-Electrical 0030 Unscheduled Labor Hours (Electrical)
0025 Clean Silt/Sand from Facilities/Parks 0026 Small Hand Held Equipment with Operator 0027 Skid Steer with attachments and operator
0022 Wheel Loader/ Front End Loader with Operator
0023 Mini Excavator with Operator 0024 Man Lift w/Operator
0019 Backhoe with Operator 0020 Bull Dozer with Operator 0021 Excavator with Operator
0016 Repair/ Replace Metal Roofing
0017 Repair/Replace Conventional (Shingle) Roofing 0018 Dump Truck with Operator
0013 6" Thick Concrete Slab 0014 Debris Removal 0015 General Painting (Contractor Provided)
0010 Quarry Run Stone 0011 B-Stone 0012 4" Thick Concrete Slab
0007 Screening Material 0008 Aggregate Base Material 0009 Sand
0004 Material Costs 0005 Topsoil 0006 Fill Material
0001 Normal Service Call-General Maintenance 0002 Site Visit / Negotiation 0003 Unscheduled Labor Hours (General)
UNIT EST.
ITEM # DESCRIPTION PRICE $Amt.
BASE PERIOD - BID SHEET
Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement at Pine Bluff Site Office (MKARNS) for the period March 1, 2022, or date of contract award, whichever is later through February 28, 2023.
Independent Government Estimate
SCHEDULE A GENERAL MAINTENANCE - PINE BLUFF SITE OFFICE
100 Hours 75 Hours 150 Hours 150 Hours
150 Hours 40 Hours 250 Hours 75 Hours 150 Hours 150 Hours
40 Each 450 Hours
2000 Linear Foot 200 Linear Foot 45 Each 475 Hours
750 Linear Foot
500 Linear Foot
16 Each
EST.
QUANT UNIT
50 Each 100 Each 500 Hours
40000 Each 100 Cubic Yard 100 Cubic Yard 100 Ton 150 Ton 100 Ton 150 Ton 150 Ton
3000 Square Foot 6000 Square Foot 500 Cubic Yard
7500 Square Foot 2000 Square Foot 750 Square Foot 200 Hours 100 Hours 75 Hours 150 Hours 150 Hours 150 Hours 40 Hours 250 Hours 50 Hours 150 Hours 150 Hours 40 Each 450 Hours
2000 Linear Foot 200 Linear Foot 45 Each 450 Hours 750 Linear Foot
500 Linear Foot
16 Each Option Year 2 Total:
2035 Replace/Install Underground Water Line PVC 3/4" to 2"
2036 Replace/Install Underground Sewar Line PVC 2" to 4"
2037 Inspect Reduced Pressure Zone Assemblies
2032 Utility Road Crossing 2033 Normal Service Call-Plumbing 2034 Unscheduled Labor Hours (Plumbing)
2029 Normal Service Call-Electrical 2030 Unscheduled Labor Hours (Electrical) 2031 Replace/Install Underground Electrical Lines
2026 Small Hand Held Equipment with Operator 2027 Skid Steer with attachments and operator 2028 Tractor with implements and operator
2023 Mini Excavator with Operator 2024 Man Lift w/Operator 2025 Clean Silt/Sand from Facilities/Parks
2020 Bull Dozer with Operator 2021 Excavator with Operator 2022 Wheel Loader/ Front End Loader with Operator
2017 Repair/Replace Conventional (Shingle) Roofing 2018 Dump Truck with Operator 2019 Backhoe with Operator
2014 Debris Removal 2015 General Painting (Contractor Provided) 2016 Repair/ Replace Metal Roofing
2011 B-Stone 2012 4" Thick Concrete Slab 2013 6" Thick Concrete Slab
2008 Aggregate Base Material 2009 Sand 2010 Quarry Run Stone
2005 Topsoil 2006 Fill Material 2007 Screening Material
2002 Site Visit / Negotiation 2003 Unscheduled Labor Hours (General) 2004 Material Costs
UNIT EST.
ITEM # DESCRIPTION PRICE $Amt.
2001 Normal Service Call-General Maintenance
Furnish all necessary management, personnel, to provide maintenance services as described in the Performance Work Statement at Pine Bluff Site Office (MKARNS) for the period March 1, 2024 through February 28, 2025.
Option Year 1 Total:
Independent Government Estimate
SCHEDULE A GENERAL MAINTENANCE - PINE BLUFF SITE OFFICE
OPTION YEAR 2 - BID SHEET
1036 Replace/Install Underground Sewar Line PVC 2" to 4"
1037 Inspect Reduced Pressure Zone Assemblies
1033 Normal Service Call-Plumbing 1034 Unscheduled Labor Hours (Plumbing)
1035 Replace/Install Underground Water Line PVC 3/4" to 2"
1030 Unscheduled Labor Hours (Electrical) 1031 Replace/Install Underground Electrical Lines 1032 Utility Road Crossing
1027 Skid Steer with attachments and operator 1028 Tractor with implements and operator
1029 Normal Service Call-Electrical
1024 Man Lift w/Operator 1025 Clean Silt/Sand from Facilities/Parks 1026 Small Hand Held Equipment with Operator
1021 Excavator with Operator 1022 Wheel Loader/ Front End Loader with Operator
1023 Mini Excavator with Operator
1019 Backhoe with Operator 1020 Bull Dozer with Operator
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(JUN 2020) -- Alternate I
DEC 2021
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018
52.204-15 Service Contract Reporting Requirements for Indefinite- Delivery Contracts
OCT 2016
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
DEC 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2021
52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)
DEC 2021
52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-6 Alt I Notice of Total Small Business Set-Aside (NOV 2020)
Alternate I
MAR 2020
52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases DEC 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2021
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)
(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--
(1) Means any item of supply (including construction material) that is--
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(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 perform a comparative evaluation of all offers IAW 12.602 Streamlined Evaluation of Offers and l 3.106-2(b):
1. Equipment and Staffing Plan. Provide a written narrative - such as a bullet list or outline - of your plan to perform the work in accordance with the PWS. Include the following sub elements within the narrative:
a. What equipment will be used.
b. Provide detailed personnel information of employees who will perform this contract.
Details shall describe if employees performing work under this contract will be employees already on staff, and whether these will be local personnel or bringing in personnel from out of region/state to perform the work. List specifics on training and experience for employees. All Equipment and Staffing identified shall be able to respond within 48 hours of notification to begin work activities.
2. Experience. Provide a written narrative - such as a bullet list or outline of three examples of similar contracts performed that reflects recent and relevant experience that demonstrates an ability to perform the work in accordance with the PWS. Recent and relevant work is defined as similar work within the past four (4) years. At a minimum, the offeror should provide the following information for each example:
a. Client
b. Description of Work Performed
c. Contract Value
d. Period of Performance
The offerors quotation will be evaluated to determine the extent that it demonstrates a familiarity with performing services of a scope and price like those to be acquired in this solicitation
In addition, The Government will query the Contractor Performance Assessment Reporting System (to include ACASS, CCASS, and CPARS) to validate past performance ratings on
Department of Defense contracts and any other past performance information the Government deems necessary to evaluate a contractor’s past performance. Previous history of performance on DoD contracts is not a requirement for consideration of offer. Past Performance Questionnaire forms provided in the solicitation shall be completed by the offeror’s previous client and submitted with the offer. Recent and relevant work is defined as similar work within the past four (4) years. The offerors quotation will be evaluated to determine the extent that it demonstrates satisfactory performance on contracts of similar scope and price.
3. Price. The Government will perform a price analysis after completion of technical evaluations.
Price analysis will be performed in accordance with FAR 15.404-1, 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 RFP.
Reasonableness will be established using historical price information, price competition information, the IGE, and any other pricing tools necessary. Price will not be rated but will be a factor in making the final best value determination for award.
Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole. Comparative Evaluations is the act of comparing two or more offers or proposal in response to the RFP.
Proposals are evaluated by performing a direct comparison of each offer to one another in a uniform manner to determine which offer provides the best benefit to the government. The government has the discretion to accept other than the lowest priced offeror that provides additional benefit and/or lower performance risk.
The combination of all technical (nonprice) evaluation factors are approximately equal to 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 advantage and disadvantage between proposals are of increased importance to the determination.
(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 PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"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 in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract 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…
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