Amendment_1_Solicitation_W912DY17R0066_MECS_II.pdf

W912DY17R0066

Section SF 1449 - CONTINUATION SHEET

ADDENDUM 52.212-1

PROPOSAL INSTRUCTIONS

1. You are requested to submit a firm fixed-price proposal to perform the required services in accordance with the attached Performance Work Statement (PWS) dated 18 May 2017. The effort will be subject to the Service Contract Act of 1965 and as amended July, 1978. The applicable wage determination, WD 15-5484 (Rev -1); Revised 17 Jan 2017; Utah Counties of:

Box Elder, Davis, Morgan, Weber, is available on the WDOL website: << http://www.wdol.gov/ >>. This RFP is issued under the authority of FAR part 12 Acquisition of Commercial Items is intended be a single award C-type contract.

2. The proposal shall be submitted in accordance with the proposal format described below.

To expedite the processing of your proposal, we require that your proposal be signed by an Authorized Official who has authority to bind the company in an agreement with the Government.

3. All proposal documents, when printed, shall fit on 8 ½ x 11 inch paper to include spreadsheets with appropriate page breaks. Type font shall be Times New Roman 12 point, with 1 inch margins. All documents and spreadsheets shall include the Contractor Name, PWS Title, and Date. Ensure your proposal is submitted in PDF format. Spreadsheets shall be submitted as Excel documents.

4. The proposal shall identify the primary and alternate points of contact (POCs) for this effort. Information shall include the POC names, office telephone numbers, mobile telephone numbers (if available), and e-mail addresses.

5. Your attention is called to FAR Subpart 9.5, Organizational and Conflicts of Interest (OCI). The Government recognizes an OCI exists when contractors make purchases on behalf of the Government. Due to the requirement of the contractor to make equipment purchases and the possibility that this equipment may be available through the prime contractor or its subcontractors, a conflict of interest does exist as seen by the Contracting Officer. Neither the prime contractor nor its subcontractors may participate as an offeror, subcontractor, or consultant on any procurement of equipment conducted by the prime Contractor or its subcontractors under this task order. A mitigation plan must be submitted for the aforementioned OCI as well as mitigation plan(s) for any potential OCI(s). All mitigation plan(s) must be included in your proposal and be accepted by the Government in order to be considered for task order award. The OCI is a responsibility determination conducted by the Contracting Officer and not an evaluation factor.

OTHER INFORMATION

PRE-PROPOSAL SITE VISIT: A Bidder’s Site Visit will be held at 1300 on 11 July 2017 at 649 West 400 North, (Bldg 11C), Ogden, UT 84404-1372. Each Offeror will be allowed no more than two personnel. Attendance is not required to submit a proposal.

PRE-PROPOSAL CONFERENCE CALL: There will not be a pre-proposal phone call associated with this RFP.

COMMENTS AND INQUIRIES: The Offeror will be required to forward all comments and inquiries regarding this RFP via email NLT 4:00 pm Central Time, Tuesday, 18 July 2017, to the contacts provided below. All comments and inquiries will be addressed by the Government and responses distributed to all Offerors via email.

Potential Options: To account for the price potentially available under the exercising of

FAR 52.217-8 and FAR 52.217-9, the price will be evaluated as a part of the total price of a proposal. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Proposed pricing shall be included for option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services Contract Line Item Number (CLIN 5001), and 52.217-9, Option to Extend the Term of the Contract (CLINs 0004 and 1001 -1004, 2001-2004, 3001-3004, and 4001-4004), the Government includes CLINs on the SF1449 and fillable cells on the MS Excel pricing worksheet. This amount will be the total evaluated price. 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 options.

The Offeror shall NOT engage into any form of contact with installation personnel/or

Installation DPW personnel, nor any MEDCOM and/or HFPA personnel regarding this requirement prior to submission of proposal and Contract Award. Contact regarding the requirements set forth in this RFP shall only occur with the Contracting Officer and/or Contract Specialist. Discussions or information obtained via other sources could make you ineligible for award if deemed a Conflict of Interest or a Violation of Procurement Integrity Act.

CONTACTS:

Offeror proposals shall be submitted to:

Name Email Phone

Chris Shepard christopher.t.shepard@usace.army.mil (256) 895-2509

Jeff Roberts jeffrey.c.roberts@usace.army.mil (256) 895-1350

PROPOSAL SUBMISSION

You are requested to furnish your proposal by electronic transmission not later than 2:00 PM CDT (Huntsville Local Time) 31 July 2017. All information will be protected as procurement sensitive.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Operations and Maintenance Services

FFP

The contractor shall provide all labor, material, and incidentals in order to perform Facility Operations and Maintenance Services in accordance with Section 4.2.2.1a of the attached Performance Work Statement (PWS) dated 18 May 2017 Revision

01. This CLIN provides funding for operational services as specified in the Government approved schedule of values for regular labor hour rates and differential rates. Once accepted by the Government, the Government will pay for actual work performed.

FOB: Destination

NET AMT

0002 1 Job Repair Parts and Consumables

FFP

The contractor shall acquire all parts and consumable materials required for the servicing and maintenance of equipment in accordance with section 4.2.2.1b of the attached Performance Work Statement (PWS). NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual expenditures associated with this line item.

0003 1 Job Tools and Equipment

FFP

The contractor shall be responsible for maintaining and provisioning of tools and equipment required for performing the technical inspection and maintenance of the unit equipment in accordance with section 4.2.2.1c of the attached Performance Work Statement. NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual expenditures associated with this line item.

0004 12 Task OPTION Support for HOT Weekend Operations

FFP

The contractor shall perform Hands-On-Training (HOT) during weekend workdays (Saturday and Sunday) up to a maximum of 20 weekends, through 10 August 2018, in accordance with section 3.5.5 of the revised Performance Work Statement Revision 01 dated 18 May 2017. This CLIN is an option CLIN and is not implemented at award of contract.

1001 12 Months OPTION Operations and Maintenance Services

FFP

OPTION PERIOD 01 - The contractor shall provide all labor, material, and incidentals in order to perform Facility Operations and Maintenance Services in accordance with Section 4.2.2.1a of the attached Performance Work Statement (PWS) dated 18 May 2017 Revision 01. This CLIN provides funding for operational services as specified in the Government approved schedule of values for regular labor hour rates and differential rates. Once accepted by the Government, the Government will pay for actual work performed.

1002 1 Job OPTION Repair Parts and Consumables

FFP

OPTION PERIOD 01 - The contractor shall acquire all parts and consumable materials required for the servicing and maintenance of equipment in accordance with section 4.2.2.1b of the attached Performance Work Statement (PWS). NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual expenditures associated with this line item.

1003 1 Job OPTION Tools and Equipment

FFP

OPTION PERIOD 01 - The contractor shall be responsible for maintaining and provisioning of tools and equipment required for performing the technical inspection and maintenance of the unit equipment in accordance with section 4.2.2.1c of the attached Performance Work Statement. NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual expenditures associated with this line item.

1004 12 Task OPTION Hands On Training (HOT) Weekends

FFP

OPTION PERIOD 01 - The contractor shall perform Hands-On-Training (HOT) during weekend workdays (Saturday and Sunday) up to a maximum of 20 weekends, through 10 August 2019, in accordance with section 3.5.5 of the revised Performance Work Statement Revision 01 dated 18 May 2017. This CLIN is an option CLIN and is not implemented at award of contract.

2001 12 Months OPTION Operations and Maintenance Services

FFP

OPTION PERIOD 02 - The contractor shall provide all labor, material, and incidentals in order to perform Facility Operations and Maintenance Services in accordance with Section 4.2.2.1a of the attached Performance Work Statement (PWS) dated 18 May 2017 Revision 01. This CLIN provides funding for operational services as specified in the Government approved schedule of values for regular labor hour rates and differential rates. Once accepted by the

2002 1 Job OPTION Repair Parts and Consumables

FFP

OPTION PERIOD 02 - The contractor shall acquire all parts and consumable materials required for the servicing and maintenance of equipment in accordance with section 4.2.2.1b of the attached Performance Work Statement (PWS). NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for

2003 1 Job OPTION Tools and Equipment

FFP

OPTION PERIOD 02 - The contractor shall be responsible for maintaining and provisioning of tools and equipment required for performing the technical inspection and maintenance of the unit equipment in accordance with section 4.2.2.1c of the attached Performance Work Statement. NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual

2004 12 Task OPTION Hands On Training (HOT) Weekend

FFP

OPTION PERIOD 02 - The contractor shall perform Hands-On-Training (HOT) during weekend workdays (Saturday and Sunday) up to a maximum of 20 weekends, through 10 August 2020, in accordance with section 3.5.5 of the revised Performance Work Statement Revision 01 dated 18 May 2017. This CLIN is an

3001 12 Months OPTION Operations and Maintenance Services

FFP

OPTION PERIOD 03 - The contractor shall provide all labor, material, and incidentals in order to perform Facility Operations and Maintenance Services in accordance with Section 4.2.2.1a of the attached Performance Work Statement (PWS) dated 18 May 2017 Revision 01. This CLIN provides funding for operational services as specified in the Government approved schedule of values for regular labor hour rates and differential rates. Once accepted by the

3002 1 Job OPTION Repair Parts and Consumables

FFP

OPTION PERIOD 03 - The contractor shall acquire all parts and consumable materials required for the servicing and maintenance of equipment in accordance with section 4.2.2.1b of the attached Performance Work Statement (PWS). NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for

3003 1 Job OPTION Tools and Equipment

FFP

OPTION PERIOD 03 - The contractor shall be responsible for maintaining and provisioning of tools and equipment required for performing the technical inspection and maintenance of the unit equipment in accordance with section 4.2.2.1c of the attached Performance Work Statement. NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual

3004 12 Task Hands On Training (HOT) Weekend

FFP

OPTION PERIOD 03 - The contractor shall perform Hands-On-Training (HOT) during weekend workdays (Saturday and Sunday) up to a maximum of 20 weekends, through 10 August 2021, in accordance with section 3.5.5 of the revised Performance Work Statement Revision 01 dated 18 May 2017. This CLIN is an

4001 12 Months OPTION Operations and Maintenance Services

FFP

OPTION PERIOD 04 - The contractor shall provide all labor, material, and incidentals in order to perform Facility Operations and Maintenance Services in accordance with Section 4.2.2.1a of the attached Performance Work Statement (PWS) dated 18 May 2017 Revision 01. This CLIN provides funding for operational services as specified in the Government approved schedule of values for regular labor hour rates and differential rates. Once accepted by the

4002 1 Job OPTION Repair Parts and Consumables

FFP

OPTION PERIOD 04 - The contractor shall acquire all parts and consumable materials required for the servicing and maintenance of equipment in accordance with section 4.2.2.1b of the attached Performance Work Statement (PWS). NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for

4003 1 Job OPTION Tools and Equipment

FFP

OPTION PERIOD 04 - The contractor shall be responsible for maintaining and provisioning of tools and equipment required for performing the technical inspection and maintenance of the unit equipment in accordance with section 4.2.2.1c of the attached Performance Work Statement. NO LABOR IS PERMITTED UNDER THIS CLIN. Contractor shall only invoice for actual

4004 12 Task OPTION Hands On Training (HOT) Weekend

FFP

OPTION PERIOD 04 - The contractor shall perform Hands-On-Training (HOT) during weekend workdays (Saturday and Sunday) up to a maximum of 12 weekends, through 10 August 2022, in accordance with section 3.5.5 of the revised Performance Work Statement Revision 01 dated 18 May 2017. This CLIN is an

5001 6 Task OPTION 52.217-8 Option to Extend Svcs Contract

FFP

OPTION PERIOD 05 - The contractor shall provide all labor, material, and incidentals in order to perform Facility Operations and Maintenance Services in accordance with Section 4.2.2.1a of the attached Performance Work Statement (PWS) dated 18 May 2017 Revision 01. This CLIN provides funding for operational services as specified in the Government approved schedule of values for regular labor hour rates and differential rates. Once accepted by the Government, the Government will pay for actual work performed. See addendum to 52.212-1 Potential Options - This CLIN can be exercised in part or in full and more than once up to a maximum of 6 months.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 5001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 11-AUG-2017 TO

10-AUG-2018

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

0002 POP 11-AUG-2017 TO

10-AUG-2018

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 11-AUG-2018 TO

10-AUG-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 11-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 11-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 11-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 11-AUG-2019 TO

10-AUG-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 11-AUG-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 11-AUG-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 11-AUG-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 11-AUG-2020 TO

10-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 11-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 11-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 11-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 11-AUG-2021 TO

10-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 11-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 11-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 11-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

5001 POP 11-AUG-2022 TO

10-FEB-2023

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

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

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a single contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

EVALUATION FACTORS

Basis for Award: Award will be made to the responsible offeror whose proposal represents the best value to the Government as defined in FAR 2.101(b) –Definitions and as determined by the evaluations described in this section.

The Government reserves the right to award a contract to other than the lowest price offer or offer with the highest merit rating after consideration of all factors. The KO will not award a contract to an offeror whose proposal contains a deficiency as defined in FAR 15.001. Key personnel and any betterments accepted by the Government shall be incorporated into the contract.

Selection Criteria: Technical/Management Approach is considered slightly more important than Past Performance or Price in making a best value determination. Technical/ Management and Past Performance, when combined, are more important than Price. In the event that two or more proposal evaluations are considered ESSENTIALLY equal, then the Price will be the deciding factor. Offerors will be evaluated based on the quality of proposals in light of both the evaluation factors and the proposal preparation instructions.

I. TECHNICAL/MANAGEMENT APPROACH

Page Totals for A, B, and C below shall not exceed 20 pages, pages beyond 20 will be removed before evaluation commences, excluding price proposal spreadsheet, key personnel spreadsheet, personnel certifications/resumes, and cover pages. All proposal documents shall be formatted on 8 ½“ x 11” paper using 12 point font, single spaced to include spreadsheets (with appropriate page breaks, headers and footers). The Project Schedule shall be formatted to be legible when printed on 11x17 inch paper and will not count against the page limit. All documents and spreadsheets shall include the Contractor Name, PWS Title, and Date. Ensure your proposal is submitted in PDF format. Spreadsheets shall be submitted as unlocked Microsoft Excel documents. Tables are discouraged. Abuse of tables, charts, and graphs will be considered in deciding whether the page limits have been exceeded.

A. Phase-In Plan The offeror shall provide their approach to developing the Phase-In Plan, as identified in the PWS para. 3.2. The offeror shall provide an outline of the plan and their approach to addressing each of the components of the plan. The plan shall address at a minimum the following:

Establish a contractor project management office.

Recruit and hire necessary contractor personnel.

Obtain all required contractor personnel licenses, certifications, clearances, and TNAC checks.

Obtain Contractor and Government Issued Identification Media.

Obtain required Email accounts.

Joint contractor-Government inventories.

Develop and submit all required contractor deliverables.

Ensure contractor participation in post-award meetings, as required.

Complete all necessary training requirements of contractor personnel.

Establish procedures for contractor personnel to sign for Government Property.

B. Technical Approach: Quality Control and Management Plans

The Quality Control and Management Plans will establish the offeror’s technical approach for the operations of the MECS. It shall include:

Approach to Providing Quality Control Plan PWS 3.5.1– shall contain the offeror’s approach to provide comprehensive and detailed plan to develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

Approach to Providing a Management Plan 3.16.2– The offeror shall address the bullets in PWS

3.16.2 and provide their approach to a sound management process for responding to changing priorities, enhancing customer service, and ensuring adequate levels of performance are maintained.

Any value added items being proposed (which may include execution methods).

Do not parrot the PWS. The Offeror shall, in addition to indicating that they will perform a task(s), re-stating “what” the task is, provide in sufficient detail “how” they will execute the task(s) as described in the PWS.

C. Overall Management Approach The Overall Management Approach shall include: (1) A brief description of the offeror’s approach to organizing personnel to accomplish the various activities required for the operations of the MECS; (2) A brief description of the qualifications of subcontractors and the relationship of their capabilities to the Prime; (3) A diagrammed organization chart of the contract execution structure. This information will be evaluated on the overall advantage it provides to the Government toward project success.

D. Qualifications of Contractor/Subcontractor Key Personnel The Contractor shall submit the qualifications IAW PWS 3.14 of the following Contractor and/or subcontractor personnel who will be the hands-on, technical leads directly responsible for the depth and direction of planning activities, data gathering, technical evaluations, and the content of deliverables in their area of expertise: Site Manager, Lead BioMedical Equipment Technician (BMET), and Medical Equipment QA Specialist. This submission will be done utilizing the Key Personnel Qualifications Worksheet and attached to the technical volume of the proposal. Submissions should specifically address the qualifications listed in the worksheet (If a requirement calls for X years of experience, cite the X years, where and when). Resume’s may be included as an attachment to the proposal to augment the qualifications submissions, and will not count against the page number limit, but will not be used to satisfy the requirement. The following information shall be provided on each of these specialists:

Name, highest education level obtained, specialized training directly related to their function in this Contract. The Contractor is expected to field the personnel identified in their proposal for the duration of the contract. Any changes or substitutions in the identified key personnel shall be approved by of the Contracting Officer prior to making any changes. Key personnel will be evaluated on the qualifications in their specialty as related to fulfilling the work requirements in the PWS for this Contract. Information on the team leads shall not exceed 1 page per individual.

II. PAST PERFORMANCE

The Government will evaluate past performance IAW FAR 15.305(a)(2)(ii)-Past Performance Evaluation, in terms of relevancy to the performance work statement, quality of previous work provided, and ability to successfully maintain project schedules, dedication to cost containment, customer satisfaction, and compliance with contract requirements. This information may be obtained from the Past Performance Information Retrieval System (PPIRS) for contracts where the contractor has not yet completed the contract. Where a contractor has completed a contract, the Government will use the contractor’s performance on any relevant previous contracts to evaluate past performance, in addition to any information the Government may choose to obtain from PPIRS. The Government reserves the right to use past performance information obtained from sources other than PPIRS or earlier contract performance when evaluating past performance.

The Government considers previous performance within the past 3 years of the date of the initial solicitation as recent. Submitted past performance that is not recent will not be evaluated. Projects need not be fully completed to submit for past performance experience. The Government considers previous performance that is similar in size, scope and complexity as relevant.

The contractor shall submit up to two (2) examples of recent and relevant past performance in the proposal and should include reference names and contact information. Past performance shall be rated in terms of relevance, risk and level of confidence in the Offeror’s projected performance.

The table below illustrates how the relevancy of past performance will be evaluated. In the case of an offeror without a record of relevant past performance, the offeror may not be rated favorably or unfavorably on past performance.

Table- Past Performance Relevancy Ratings

Rating Definition

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.

The Past Performance evaluation will assess the relative risks associated with the Offeror's likelihood of success in performing the solicitation's requirements and delivering high quality products and services as indicated by that Offeror's record of past performance. Further, the Government may base its judgment about the quality of an Offeror’s past performance on (1) records of objective measurements and subjective ratings of specified performance attributes, if available, and (2) statements of opinion about the quality of specific aspects of an Offeror’s performance, or about the quality of an Offeror’s overall performance.

The table below illustrates how past performance risk will be evaluated. In the case of an offeror without a record of relevant past performance, the offeror may not be rated favorably or unfavorably on past performance and will be given a rating of Neutral.

Table- Past Performance Risk Ratings

Low Has little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Can potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

The table below illustrates how the level of confidence in the Offeror’s projected performance will be evaluated. In the case of an offeror without a record of past performance, the offeror may not be rated favorably or unfavorably on past performance.

Table- Past Performance Confidence Assessment Ratings

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.

III. PRICE

The proposed price shall be submitted on the Pricing Template for MECS Replacement.xlsx form provided in the enclosed excel file. Each task identified must be separately priced. Lump sum pricing without breakdowns will be considered a deficiency in the proposal. The estimated not to exceed value for Parts/Consumables, and Tools/Equipment is stated at $1,500,000.00 $300,000.00 per year, for the base period of performance and all options available under FAR part 52.217-8 and 9. The excel file contains three pages, the first two are for base and option year pricing, the third is for providing labor categories and rates being offered. It is the responsibility of the Offeror to ensure spreadsheets are completed in full and without error. If any one or more of the Price Proposal forms is not completed it will be considered a deficiency in the proposal.

The price portion of the proposal will be subjectively evaluated and a best value analysis of the proposal, as a whole, performed to determine the best value to the Government. The proposed price will be assessed for fair and reasonableness and unbalanced pricing.

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

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

To account for the price potentially available under the exercising of FAR 52.217-8 and FAR 52.217-9, the price will be evaluated as a part of the total price of a proposal. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Proposed pricing shall be included for option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services Contract Line Item Number (CLIN 5001), and 52.217-9, Option to Extend the Term of the Contract (CLINs 0004 and 1001 -1004, 2001-2004, 3001-3004, and 4001-4004), the Government includes CLINs on the SF1449 and fillable cells on the MS Excel pricing worksheet. This amount will be the total evaluated price. 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 optionsGovernment to exercise the options.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

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