combined_synopsis_solicitation_NCCM_26Jul.pdf

USPFO-VT

Purchasing & Contracting

COMBINED SYNOPSIS/SOLICITATION

FOR

Non-Clinical Medical Case Management

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: W912LN-17-R-0001

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) 2005-94 dated 19 January 2017 and Defense Federal Acquisition Regulation Supplement (DFARS) Change notice 20161222;

North American Industry Classification Code (NAICS): 621999 Size Standard: $15,000,000.00

The VTARNG Purchasing & Contract Office, Bldg #3, 789 VT National Guard Road, Colchester, VT 05446- 3099, intends to award a firm fixed-price contract for the following services IAW FAR 13.106-2. All services are to be performed in strict accordance with the attached Performance Work Statement.

Vendor to determine appropriate labor mix, number of hours and number of personnel to support the requirements.

This requirement will be an 8(a) set aside – competitive award, for SBA registered 8(a) participants only.

CLIN # DESCRIPTION QTY UNIT OF

ISSUE

Performance Period

0001 Case Managers – Base Year Hours 12 Sep 17 – 11 Jun 18

0002 Case Management Support – Base Year Hours 12 Sep 17 – 11 Jun 18

0003 CMRA 1 Job 12 Sep 17 – 11 Jun 18

0004 Case Managers – Option Year One Hours 12 Jun 18 – 11 Jun 19

0005 Case Management Support – Option Year One Hours 12 Jun 18 – 11 Jun 19

0006 CMRA 1 Job 12 Jun 18 – 11 Jun 19

0007 Case Managers – Option Year Two Hours 12 Jun 19 – 11 Jun 20

0008 Case Management Support – Option Year Two Hours 12 Jun 19 – 11 Jun 20

0009 CMRA 1 Job 12 Jun 19 – 11 Jun 20

GENERAL INFORMATION

SERVICES TO BE PERFORMED

Services are in support of the VTARNG Medical Command, Green Mountain Armory, 789 VT National Guard Road, Colchester, VT 04556-3099. Location of services is within Chittenden County

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: W912LN-17-R-0001

Requests for clarification. Address any questions or concerns you have to the Contracting Officer (KO) or Contract Administrator (CA). Written requests for clarification may be sent by e-mail to joyce.l.merrill.mil@mail.mil or Michael.l.follett.civ@mail.mil. No phone calls will be taken. All requests for clarification/questions are due no later than 10 August 2017 at 0900 Eastern Standard Time.

Receipt of offers. Offers are due no later than 18 August 2017 at 1000 Eastern Standard Time to the USPFO-VT Purchasing & Contracting Office, Bldg #3, 789 VT National Guard Road, Colchester, VT 05446-3099.

No faxed offers 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:

a. Technical Proposal

b. Cost / Pricing Information

c. Past Performance

d. Written acknowledgement of any and all amendments to this solicitation

e. Offeror Representations & Certifications – Commercial Items (FAR 52.2212-3)

f. 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.

Information to Offerors and Instructions for Offer Preparation

SOLICITATION PROVISIONS

mailto:joyce.l.merrill.mil@mail.mil mailto:Michael.l.follett.civ@mail.mil

1.0 GENERAL INSTRUCTIONS

1.1 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.

1.2 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.

1.3 Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

GENERAL INFORMATION

1.4 Point of Contact – The Contracting Officer (CO) and Contract Administrator (CA) are the sole points of contact for this acquisition.

1.5 Discrepancies – If an offeror believes the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO 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.

1.6 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

1.6.1 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, past performance, and information sheets.

1.6.2 Technical Proposal Information – All technical performance information shall be addressed ONLY in Volume I.

1.6.3 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.

a. 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.

b. 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. In order to maintain a minimum level of commonality between proposals, each offeror is required to complete the cost summary spreadsheets (template provided at Attachment #3). The costs summary spreadsheets shall be provided for the base effort and each option year. 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.

c. 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. Bid codes (applicable codes used to identify a labor category in the offerors accounting system), employee names and /or other documentation (such as letters of commitment for key personnel not currently employed by the offeror) to support the rates proposed shall be provided. Letters of commitment shall clearly identify the prospective employees’ agree-to salary / hourly rate and other pertinent conditions of employment.

1.6.4 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, which are relevant to the efforts required by this solicitation. If proposed, the Offeror shall also submit the written consent of its major subcontractors to allow the disclosure of its subcontractor’s past performance information to the Offeror. In addition, letters of commitment shall be included for all major subcontractors for their past performance to be considered. The following information shall be addressed in past performance submissions:

a. Contract Descriptions.

1. Contract number & contract type

2. Awarded price / cost

3. Period of performance

4. 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).

5. Government contracting activity, and current address, Procuring Contracting Officers name, email address, telephone and fax numbers.

6. Government’s technical representative / COR and current email address, telephone and fax numbers.

b. 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.

c. Subcontracts – If applicable, Offerors shall provide an outline of how the effort required by the RFP will be assigned for performance within the offerors corporate entity and among the proposed subcontractors. The information provided for the prime offeror and each proposed major subcontractor must include the entire company name, company address, CAGE Code DUNS number and type of work to be performed. This section will further include written consent of major subcontractors to allow the disclosure of their subcontractor’s past performance information to the Offeror. In addition letters of commitment shall be included for all major subcontractors.

d. New Corporate Entities. New corporate entities may submit data on prior contracts involving its officers and employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. Letters of commitment shall be included in the proposal for these employees in order to be considered.

e. Past Performance Questionnaire. For between 4 (four) and 6 (six) of the contracts identified under Contract descriptions, a past performance questionnaire (Attachment #4) must be completed and submitted. Offerors shall complete Section 1 of the attached Past Performance Questionnaire and send it to Points Of Contacts (POCs) the offeror has listed as past performance references. The POCs should represent the individuals most knowledgeable about the Offeror’s performance on the identified contract or program, such as the following: Contracting Officer’s Representative, Contracting Officer or Contract Administrator. For commercial contracts, send the questionnaires to the commercial equivalents of these individuals. The POCs shall be instructed to completed Part 2 of the questionnaire and send the entire questionnaire to the Contracting Office no later than the proposal due date, to joyce.l.merrill.mil@mail.mil.and Michael.l.follett.civ@mail.mil. The offeror shall include a list of all the POC’s who were sent a questionnaire in their Past Performance Volume III submission. The POC list submitted shall include the following fields: Solicitation Number; Company Name; Contract Number, Government Agency, POC Last and first names, Title, telephone number and email address and date email to POC (month/day).

Respondents to the questionnaires shall not send the completed information sheets back to the offeror. Any negative past performance found in received questionnaires may result in an offeror receiving a performance confidence assessment of “Unsatisfactory Confidence”.

1.6.5. 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:

Technical Proposal Cost / Price Past Performance

Technical and past performance, when combined, are significantly more important than price.

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

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, upon the performance end date of Option Period Two, for no more than six (6) months. Pricing for an additional six (6) months will be evaluated based off of pricing proposed for Option Period 2 by adding one-half of the offeror’s final option period price to the offeror’s total price. Thus, the offer’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option and ½ of the 2nd option. Inclusion of this clause shall not obligate the Government to exercise the options(s).

1.6.6 Basis for Contract Award. This solicitation is conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS). These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil.

1.6.7 A contract will be awarded to the offeror whose offer is determined to be the best value to the government and conforms to the solicitation requirements (to include all stated terms, conditions, mailto:joyce.l.merrill.mil@mail.mil.and http://farsite.hill.af.mil/ representations, certifications, and all other information required by Addendum to 52.212-1). The government intends to award without discussions.

1.6.8 Number of Contracts to be awarded. The Government intends to award one (1) contract as a result of this solicitation.

2.0 Evaluation Process

The award will be made based on the best overall (best value) 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. The technical factor and past performance combined are significantly more important that price. To receive consideration for award, a rating of no less than “acceptable” must be achieved for the technical factor, to include all subfactors. Offerors will be cautioned that the award may not necessarily be made to the lowest cost offered.

2.1 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.

2.1.1 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.

2.1.2 Technical Evaluation Ratings: The following ratings and descriptions will be used in the evaluation and assessment of each Technical Sub-factor and the overall Technical rating of the Technical Proposal.

Color Rating RATING DESCRIPTION

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and c contains multiple strengths and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is awardable.

2.1.3 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 13.106-2 Evaluations of quotations or offers.

Technical Proposal binders shall not include price or pricing information.

2.1.4 The Technical proposal shall include the following documents:

a. Resume of Contract Manager and Alternate Contract Manager

b. Organizational Chart

c. On-site Staffing Plan by shift

d. Letters of Intent for key personnel

e. Technical Narrative addressing the four Technical sub-factors described below Conformance with the PWS Management Approach & Administrative Plan Quality Control Phase-In Plan

2.1.5 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). As 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 resumes of the Contract Manager and Alternate Contract Manager for the basic contract period and all option years. Marginal levels of overall experience related to the management of a contractor workforce and experience within the medical case management profession could indicate a lack of understanding concerning mission requirements and may result in the entire proposal receiving an unfavorable rating and/or being eliminated from the competitive range. The evaluation will focus on the following:

• KEY POINT #1 Experience – how long have they managed temporary workforces?

• KEY POINT #2 Backgrounds – What types of industries?

• KEY POINT #3 Managerial Experience – Size / Scope of contracts or programs managed.

Sub-factor 2: This sub-factor evaluates the offeror’s Technical Narrative. Major emphasis will be placed on the following:

KEY POINT #1 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. Proposed methodology and approach should be sufficient to meet contractual standards and achieve quality performance comparable to the complexity and magnitude of the proposed initiative. Information shall directly comply with all performance requirements. Information should be provided on related experience, and how it demonstrates the offeror has the experience to manage the proposed services, which is comparable to the work requirements of this solicitation and PWS.

The proposal must demonstrate that the offeror has knowledge/capabilities to perform a variety of functions related management of personnel involved in non-clinical case management services. 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.

KEY POINT #2 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, to include information on surge requirements. The approach/plans shall describe recruitment/hiring procedures and measures to train a full complement of qualified staff. The approach/plans shall also document the offeror’s overall concept of how they propose to manage and staff this contract.

Discuss specific criterion proposed (skill levels, experience, and background) for personnel that demonstrates an organization is adequate to meet the PWS performance requirements. Address and identify appropriate procedures and record keeping techniques that will be utilized. Address the support and interface with home office or corporate headquarters for such aspects as financial, management and technical support. Address your approach to the administration of this contract.

KEY POINT #3 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. The information should also address as a minimum: Methodology for identifying deficiencies in the quality of services before the level of service becomes unacceptable;

inspection techniques to be utilized; corrective measures for contractor and Government detected faults; and ensuring and measuring customer satisfaction and handling customer complaints.

KEY POINT #4. 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.

Sub-factor 3: This sub-factor evaluates the offeror’s on-site staffing plan. The evaluation will focus on the offerors’:

• KEY POINT #1 Number of proposed employees and job type

• KEY POINT #2 On site staff hierarchy. What is the supervisory structure? Onsite? Company HQ?

Sub-factor 4: This sub-factor evaluates the offerors intentions / proposed resumes related to key personnel for the effort. Case Managers are identified as Key Personnel. The evaluation will focus on the following:

KEY POINT #1 Educational / Technical Qualifications – Do proposed team members meet the formal education requirements of the positions; is licensure / certification identified?

KEY POINT #2 Program / Project management experience – experience/abilities to independently manage programs.

KEY POINT #3 Case Management Experience – experience directly related to the PWS

Sub-factor 5: This sub-factor evaluates the company’s organizational structure and the proposed structure for the Outreach Team. The evaluation will focus on the following:

KEY POINT #1 Company structure – are key positions identified on the structure? Partners?

KEY POINT #2 Team structure – is a reporting hierarchy identified?

2.2 Factor Two: Price

2.2.1 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.

2.2.2 Proposal prices shall be fully burdened inclusive of all direct and indirect costs (e.g., profit, fringe benefits, salary, indirect rates and overtime hours). An offeror’s final price will be determined by multiplying the months identified in the Pricing Schedule by the quantity for each item to confirm the extended amount for each. The total of CLINs will be evaluated for completeness and accuracy, and used for total evaluated price. Round all prices up to the nearest penny.

2.3 Factor Three: Past Performance

2.3.1 Past Performance will be evaluated using the ratings identified in Table 1- Performance Confidence Assessments.

TABLE 1 – PERFORMANCE CONFIDENCE ASSESSMENTS

Rating Description

SUBTANTIAL CONFIDENCE

Based on the offeror’s recent/relevant performance record, evaluated questionnaires, and use of other evaluation methods specified in Section 2.6.7, 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, evaluated questionnaires, and use of other evaluation methods specified in Section 2.6.7, the Government has a reasonable expectation that the offeror will be able to 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 ratting can be reasonable le assigned. The offeror many no be evaluated favorable or unfavorable 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.

2.3.2 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 and relevancy definitions when assessing recent and relevant contracts:

2.3.3 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”.

2.3.4 Relevancy Assessment: As described in Table 2 below, the Government will conduct an in-depth evaluation of all recent performance information obtained to determine how closely the provided products/services performed under those contracts relate to the Performance Work Statement provided and assign a rating of “Relevant or “Not Relevant. A relevancy determination of the offeror’s past performance will be made based upon the aforementioned considerations, including joint venture partner(s) and major and critical subcontractor(s). In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. Past performance information deemed “Not Relevant” will result in a past performance confidence rating of “Unsatisfactory Confidence”.

TABLE 2 - RELEVANCY ASSESSMENTS

Rating Description

VERY RELEVANT Present / past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

RELEVANT Present / past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

SOMEWHAT RELEVANT Present / past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

NOT RELEVANT Present / past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

2.3.5 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, questionnaires received from POC’s and information obtained from other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), 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”.

2.3.6 Assigning Ratings. Past performance submissions determined to be neither recent and/or relevant, will result in an offeror receiving a performance confidence assessment of “Unsatisfactory Confidence”. Any negative past performance found in received questionnaires may result in an offeror receiving a performance confidence assessment of “Unsatisfactory Confidence”. Negative past performance found using sources described in paragraph 2.3.5 may result in a past performance confidence rating of “Unsatisfactory Confidence”.

2.3.7 Complete the following provision and submit with the offer.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2016)

ALTERNATE I (OCT 2014)

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

https://www.sam.gov/portal

“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;

http://www.dol.gov/fairpayandsafeworkplaces

(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.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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 on the SAMwebsite.

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

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

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in…