Combined_Synopsis-Solicitation.pdf
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- Work for Warriors - Job Placement Support Federal contract opportunity
- Solicitation number
- W912LA-19-R-0008
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| Combined_Synopsis-Solicitation.pdf | ||
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Combined Synopsis/Solicitation for
Work for Warriors Personnel Support for the
California Army National Guard Beyond Yellow Ribbon by the
USPFO for CA Purchasing & Contracting
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 pursuant to FAR 13.5, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation Number: W912LA-19-R-0008
Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)
This solicitation and the incorporated provision and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-02 dated 05 June 2019 and Defense Federal Acquisition Regulation Supplement (DFARS) Change notice 20190531;
North American Industry Classification Code (NAICS): 561311 Size Standard: $27,500,000.00
The California National Guard Work for Warriors (WFW) Program Office has a requirement for contractor support to manage all aspects of an outreach program designed to identify Service Members and families eligible for support and provide them with information on available benefits and connect them with sources of support. The Contractor shall perform all functions necessary to develop and implement programs to identify and outreach to Service Members and their family members, to inform and educate them on available programs at the national, state and local levels and develop information on improving program effectiveness and offerings. Special emphasis is on: Providing outreach to Service Members of all Components, Veterans, and families in order to provide employment assistance, education benefits and transition services, and track each customer’s interaction and providing career support, development, and maintenance of civilian based careers. Specific services include resume writing assistance and interview skills (coaching).
CLIN # DESCRIPTION QTY UNIT OF ISSUE PERIOD OF PERFORMANCE
0001 Recruiting Agents – Base Year 12 Months 01 Sep 19 – 31 Aug 20
0002 CMRA 1 Job 31 Oct 19
1001 Recruiting Agents – Option Year One
12 Months 01 Sep 20 – 31 Aug 21
1002 CMRA 1 Job 31 Oct 20
2001 Recruiting Agents – Option Year Two
12 Months 01 Sep 21 – 31 Aug 22
2002 CMRA 1 Job 31 Oct 21
3001 Recruiting Agents – Option Year Three
12 Months 01 Sep 22 – 31 Aug 23
3002 CMRA 1 Job 31 Oct 22
GENERAL INFORMATION
SERVICES TO BE PERFORMED
4001 Recruiting Agents – Option Year Four
12 Months 01 Sep 23 – 31 Aug 24
4002 CMRA 1 Job 31 Oct 23
9999 CMRA 1 Job 01 Oct 24
Services are in support of the CA ARNG Beyond Yellow Ribbon Mission, 9800 Goethe Rd, Sacramento, CA 95655. Primary location of services is Sacramento, San Diego, and Los Angeles, CA.
Clauses included in this combined solicitation/synopsis are not all inclusive. Clauses included on any ensuing award may include all or some of the below clauses. Contractor’s should assume that all of the below clauses are applicable to this acquisition. Additional clauses may also be added at the discretion of the contracting officer upon award
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2016) (IAW FAR 12.301(b)(1)) Addendum to 52.212-1:
SOLICITATION PROVISIONS ADDENDUM
The following additions/changes are made to FAR provision 52.212-1, which is incorporated by reference:
Solicitation number: W912LA-19-R-0008
Requests for clarification. Address any questions or concerns you have to the Contracting Officer (KO) or Contract Specialist (KS). Written requests for clarification may be sent by e-mail to the contract specialist, Uriel Ramirez at uriel.ramirez7.civ@mail.mil and the contracting officer, Danny Toliver danny.r.toliver.civ@mail.mil. All requests for clarification/questions are due no later than 5 days prior to solicitation close.
Receipt of offers. Offers are due no later than 29 July 2019 to the USPFO-CA, Purchasing & Contracting Office, 10620 Mather Blvd, Sacramento, CA 95655. Three printed copies must be delivered in person, by mail, or by a third party to the Mather address and one digital upload to https://safe.amrdec.army.mil/safe/guide.aspx before the due date. No faxed offers or emailed responses will be accepted. The offeror is solely responsible to make sure their offers are received by the deadline.
Responsible Sources All responsible sources may submit a response which, if timely received, must be considered by the agency.
Contractors shall submit the following with their proposals:
Technical Proposal Cost / Pricing Information Past Performance Written acknowledgement of any and all amendments to this solicitation Verification of SAM registration
Offers not meeting the requirements as set forth by this RFQ may not be evaluated for award. No verbal or faxed proposals and/or offers will be accepted. All responsible sources may submit a proposal which will be considered by the agency.
BE SURE TO READ FAR 52.212-1, INSTRUCTIONS TO OFFERORS, AND FAR 52.212-2,
EVALUATION FACTORS.
IF GUIDELINES ARE NOT FOLLOWED AS SET FORTH IN 52.212-1 YOUR OFFER COULD BE
CONSIDERED NON- RESPONSIVE.
SOLICITATION PROVISIONS
Information to Offerors and Instructions for Offer Preparation
GENERAL INSTRUCTIONS
This section provides general guidance as well as specific instructions on the format and content of an offerors submissions. The offeror’s submission must include all data and information requested and must be submitted in accordance with these instructions. Any offeror who submits an incomplete package will be considered non-responsive to this solicitation and will not be evaluated for award. For the purposes of this solicitation, non-responsiveness refers to (but is not limited to): failure to follow submission procedures and format (as contained/described herein), failure to provide a Unit Price and Extended Total/Amount for each Contract Line Item, and failure to provide the required number of past performance references and questionnaires required by this solicitation. The offer shall be compliant with the requirements as stated in the Performance Work Statement (PWS). Non-conformance with the instructions provided may result in an unfavorable evaluation.
Offers shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors past performance should not simply rephrase or restate the Government’s requirements, but rather shall provide supporting evidence reflecting an offerors ability to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror’s submission.
Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.
GENERAL INFORMATION
Point of Contact – The Contracting Officer (KO) and Contract Specialist (KS) are the sole points of contact for this acquisition.
Discrepancies – If an offeror believes the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the KO in writing with supporting rationale.
The offeror is reminded that the Government reserves the right to award this effort based on the initial submissions, as received, without discussion.
ORGANIZATION/NUMBER OF COPIES/PAGE LIMITS
The offeror shall prepare submissions as set forth in the organizational table below.
Submission Organization
Volume VOLUME CONTENTS PAGE LIMIT
One Technical Proposal 25
Two Cost / Price 25
Three Past Performance 25
Page Limitations – Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and (for paper copies) will be returned to the offeror as soon as practicable. Each page shall be counted except the following: cover page, table of contents, tabs, glossaries, and information sheets.
Technical Proposal Information – All technical performance information shall be addressed ONLY in Volume I.
Cost or Pricing Information – All cost or pricing information shall be addressed ONLY in Volume II. This volume shall consist of all information required to support proposed costs and pricing.
The Offeror shall ensure that the information submitted in this volume is consistent with and fully supports the amounts set for the in the CLIN summary page.
The proposal shall set forth a summary of the total estimated costs by cost element and shall provide a breakdown of the proposed estimated costs of each CLIN separately, including all direct and indirect charges and fees. All documentation furnished to support the cost summaries are to be provided in a format chosen by the offeror that is easily traceable to the cost summary sheets.
The specific direct labor rates utilized to price the proposal must be identified in the cost and pricing proposal only. The proposal shall set forth a complete breakdown of the direct and indirect rates by category and the rational thereof.
Past Performance Information – All past performance information shall be addressed ONLY in Volume III. This volume shall contain past performance information regarding similar contracts. Offerors shall submit all Government and / or commercial contracts for the prime offeror and each major subcontractor in performance or awarded during the past three years from the issue date of this RFP. The following information shall be addressed in past performance submissions:
Contract Descriptions.
Contract number & contract type Awarded price / cost Period of performance Contractor / Subcontractor place of performance. If work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact within the prime contractor organization (name, address, email address, and telephone numbers).
Contracting activity and current address, Performance – Offerors shall provide a specific narrative explanation of each contract listed, describing the objectives achieved and detailing how the effort is relevant to the requirement of this RFP.
Subcontracts – Offerors do not have to have an acceptable Small Business Subcontracting Plan to receive an award; however, per clause 52.219-14 a maximum of 50% of the work may be subcontracted.
Government Databases - In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance proposal volume, and information obtained from other sources available to the Government, to include, but not limited to the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; interviews with Program Managers, Contracting Officers and Fee Determining Officials; the Defense Contract Management Agency (DCMA), and commercial sources. Negative past performance found using these sources within the last three years may result in a past performance confidence rating of “Unsatisfactory Confidence”.
Glossary of Abbreviations and Acronyms – Each volume shall contain a glossary of all abbreviations and acronyms used, with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.
52.212-2 EVALUATION-COMMERCIAL ITEMS (Oct 2014) (IAW FAR 12.301(c)(1))
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 factor(s) shall be used to evaluate offers:
Factor 1: Technical Factor 2: Cost/Price Factor 3: Past-Performance
Offers will be evaluated on price after receiving no less than an Acceptable rating on technical and past performance.
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).
This requirement contains 52.217-8, Option to Extend Services. Circumstances may arise that require the Contracting Officer to utilize FAR 52.217-8, Option to Extend Services for no more than six (6) months.
Inclusion of this clause shall not obligate the Government to exercise the options(s). Pricing for this option will be pro-rated to the contracted rate of the Period of Performance immediately preceding it.
Basis for Contract Award - This solicitation is conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, FAR Part 13, Simplified Acquisition Procedures, and FAR Part 15, Contracting by Negotiation as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS). These regulations are available electronically at https://acquisition.gov/browse/index/far
A contract will be awarded to the offeror whose offer is determined to be the lowest-priced technically acceptable and conforms to the solicitation requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Addendum to 52.212-1). The government intends to award without discussions but reserves the right to do so..
Number of Contracts to be Awarded -The Government intends to award one (1) contract as a result of this solicitation.
Evaluation Process
The award will be made based on the lowest-priced technically-acceptable proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three evaluation factors: technical, cost/price, and past performance. To receive consideration for award, a rating of no less than “acceptable” must be achieved for the technical factor, to include all sub-factors, and past performance.
Factor One: Technical Proposal
The following information shall be provided and will be evaluated. Proposals shall be clear, concise, and include sufficient detail for effective evaluation. Offerors shall assume that the Government has no prior knowledge of their experience, and will base its evaluation on the information presented in the Offeror’s proposal. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements.
Evaluation Factors: In order to be considered for further evaluation, an Offeror must first be determined “Acceptable” in the Technical factor. In order to be determined “Acceptable”, an Offeror shall, in the determination of evaluator, be rated “Acceptable” in ALL criteria stated below.
Technical Evaluation Ratings: The ratings of “Acceptable” or “Unacceptable” will be used in the evaluation and assessment of each Technical Sub-factor and the overall Technical rating of the Technical Proposal.
Failure to provide required technical data with proposals may render an offeror’s proposal noncompliant with the solicitation requirements and ineligible for award. The Technical Proposal shall be prepared in accordance with the instructions given in this section and will be evaluated in accordance with FAR 52.212-2 Evaluation –Commercial Items and FAR Part 15.305 Proposal Evaluation. Technical Proposal binders shall not include price or pricing information.
The Technical proposal shall include the following documents:
1. Technical Narrative addressing:
a. Familiarity with PWS Section 5;
b. Requirements Approach & Administrative Plan
c. Quality Control Plan
d. Phase-In Plan
The Technical Proposal shall address how the offeror intends to comply with both technical and management performance requirements contained in the Performance Work Statement (PWS). At a minimum, the proposal will address the following sub-factors in such a manner as to provide the evaluator with a clear understanding of the Technical approach.
The Technical factor is divided into the following sub-factors:
SUB-FACTOR 1: This sub-factor evaluates the offeror’s Technical Narrative. Major emphasis will be placed on the following:
Conformance with the PWS: The proposal shall be practical, specific, comprehensive and shall clearly demonstrate both the offerors understanding of the requirements and its capability to meet the Government’s needs. Statements such as “We understand, can, and will comply with all specifications”;
or phrases such as “standard procedures will be employed”, “well known techniques will be used”, etc., will be deemed insufficient and receive less favorable results in the evaluation process.
Management approach and administrative plan. The proposal shall include information of the overall organizations and its relationship to this effort. Offerors shall present comprehensive approaches/plans to
(1) Management Approach; (2) Staffing; (3) Recruiting/Hiring and (4) Administration that clearly demonstrate their capability to provide staffing and the required services for the proposed contract.
Quality control. The offeror shall provide in-depth Quality Control information, which addresses a complete and comprehensive quality control system to support performance of the contract in accordance with the PWS. The proposal should detail the offeror’s plans, methods, practices and procedures on various types of issues.
Phase-In plan. Information should address as a minimum; staffing, management, orientation, equipment, and addressing Quality Control procedures that will be utilized during Phase-In.
Factor Two: Price
Adequate price competition normally establishes a fair and reasonable price. If adequate competition is not obtained, procedures outlined in FAR 15.404-1(b)(2) will be used to ensure a fair and reasonable price. The Government will review the prices submitted for unrealistically low prices using one or more price analysis techniques listed in FAR 15.404-1. Failure to provide realistic prices may result in an offer being rated unawardable on the basis that unrealistically low prices are an indication that the Offeror does not understand the requirements.
Proposal prices shall be fully burdened inclusive of all direct and indirect costs (e.g., profit, fringe benefits, salary, indirect rates and overtime hours). Round all prices up to the nearest penny.
Factor Three: Past Performance
Past Performance will be evaluated using the ratings of “Acceptable” and “Unacceptable
Offerors must provide (as part of Volume III) a list of the most recent and relevant contracts performed for Federal agencies and commercial customers. The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of the PWS. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel (if applicable) who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition.
The Government will use the following recency definitions when assessing recent contracts:
Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will result in a past performance confidence rating of “Unsatisfactory Confidence”.
W912LA19R0008
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Recruiting Agents – Base Year
FFP
Vendor will provide job-placement, employer-outreach, and support services for the Work for Warriors mission as outlined in the PWS. Services will be performed at Los Alamitos, San Diego, and Sacramento.
FOB: Destination
SIGNAL CODE: A
NET AMT
CMRA
FFP
Vendor will report manpower online within 30 days of October 1 every year and within 30 days of the end of the period of performance
1001 12 Months OPTION Recruiting Agents – Option Year 1
FFP
Vendor will provide job-placement, employer-outreach, and support services for the Work for Warriors mission as outlined in the PWS. Services will be performed at Los Alamitos, San Diego, and Sacramento.
OPTION CMRA – Option Year 1
FFP
Vendor will report manpower online within 30 days of October 1 every year and within 30 days of the end of the period of performance
2001 12 Months OPTION Recruiting Agents – Option Year 2
FFP
Vendor will provide job-placement, employer-outreach, and support services for the Work for Warriors mission as outlined in the PWS. Services will be performed at Los Alamitos, San Diego, and Sacramento.
OPTION CMRA – Option Year 2
FFP
Vendor will report manpower online within 30 days of October 1 every year and
3001 12 Months OPTION Recruiting Agents – Option Year 3
FFP
Vendor will provide job-placement, employer-outreach, and support services for the Work for Warriors mission as outlined in the PWS. Services will be performed at Los Alamitos, San Diego, and Sacramento.
OPTION CMRA – Option Year 3
FFP
Vendor will report manpower online within 30 days of October 1 every year and
4001 12 Months OPTION Recruiting Agents – Option Year 4
FFP
Vendor will provide job-placement, employer-outreach, and support services for the Work for Warriors mission as outlined in the PWS. Services will be performed at Los Alamitos, San Diego, and Sacramento.
OPTION CMRA – Option Year 4
FFP
Vendor will report manpower online within 30 days of October 1 every year and
CMRA
FFP
Vendor will report manpower online within 30 days of October 1 every year and
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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 9999 N/A N/A N/A N/A
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-SEP-2019 TO
31-AUG-2020
N/A W62M2X - YELLOW RIBBON
MAJ SHANNON R TERRY
9800 GOETHE ROAD
SACRAMENTO CA 95827
(916) 854-1370
W62M2X
0002 N/A N/A N/A N/A
1001 POP 01-SEP-2020 TO
31-AUG-2021
N/A W62M2X - YELLOW RIBBON
MAJ SHANNON R TERRY
9800 GOETHE ROAD
SACRAMENTO CA 95827
(916) 854-1370
1002 N/A N/A N/A N/A
2001 POP 01-SEP-2021 TO
31-AUG-2022
N/A W62M2X - YELLOW RIBBON
MAJ SHANNON R TERRY
9800 GOETHE ROAD
SACRAMENTO CA 95827
(916) 854-1370
2002 N/A N/A N/A N/A
3001 POP 01-SEP-2022 TO
31-AUG-2023
N/A W62M2X - YELLOW RIBBON
MAJ SHANNON R TERRY
9800 GOETHE ROAD
SACRAMENTO CA 95827
(916) 854-1370
3002 N/A N/A N/A N/A
4001 POP 01-SEP-2023 TO
31-AUG-2024
N/A W62M2X - YELLOW RIBBON
MAJ SHANNON R TERRY
9800 GOETHE ROAD
SACRAMENTO CA 95827
(916) 854-1370
4002 N/A N/A N/A N/A
9999 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.252-6 Authorized Deviations In Clauses APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
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 (u)) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 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), 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
(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…
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