Combined_Synopsis-Solicitation_v6_19Q3099.pdf

W912PB19Q3099

ADMENDMENT 02

This combined synopsis/solicitation amendment is effective 25 April 2019; all changes will be highlighted in YELLOW on this amendment and on the Performance Work Statement. This amendment continues address questions and answers submitted by potential vendors and are presented verbatim.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the combined synopsis/solicitation or as amended by completing amendment 01and return 1 copy of the amendment.

Failure of your acknowledgment to be received at the place designated for the receipt of offers prior to the hour and date specified may result in rejection of your offer.

SUMBIT ADMENDMENT 02 AS A FINAL SUBMISSION OF QUOTE TO THE CONTRACTING

OFFICE; THIS WILL BE BASED OFF CHANGES IN ADMENDMENT 02 AND THE UPDATED

PERFORMANCE WORK STATEMENT; ALL OTHER TIMES AND DATES REMAIN

UNCHANGED.

Question and Answers

Q: 52.212-1 B, Offers submission. Please inform if format SF 1449 will be sent to us to present quote.

A: SF 1449 will not be used, please use the CLIN structure in the combined Synopsis/Solicitation to submit your quote.

Q: There is no point showing request for yards to store military equipment (dirty/sterile yards) and other services related to yards including fencing, light, security etc.. Please clarify who will be responsible to deliver yards, contractor or government.

A: The storage yards are covered under a contract with SDDC (the S&RTcontract). The only services requested are security.

Q: 1.5.3.2 Host Nation Holidays.

As current PWS is planned for shorter time we recommend to perform operation including 3rd May.

Please confirm.

A: We have no problem or objections working on May 3rd.

Q: 1.6.5 Physical security.

Who will be responsible for security on yards dirty and sterile?

A: The contractor will be responsible for security at the dirty and sterile areas as well as the wash rack.

Q: 5.1.2 Wash rack standards b/ ... 12 hours daily for 23 days - please clarify as per present schedule planned is for 19 days only

A: Admin error... This is/was leftover when the change was made from 29 April to 2 of May

Q: 5.1.4

... dirty staging area located at 57 33'10.3''N, please correct should be 54 33'10.3"

A: Pinpoint location is an estimate based on previous usage, this will be updated

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number W912PB19Q3099 is issued as a Request for Quotations. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, effective 20 December 2018 and Defense Procurement Notice 20180928, effective 26 October 2018. This is an Unrestricted requirement; no consideration or set-aside will be made for small business. The Government intends to award a Firm-Fixed-Price Purchase Order for Agricultural Cleaning to the Lowest Priced Technically Acceptable offeror. The North American Industrial Classification System (NAICS) code for this procurement is 811192. All responsible sources may submit a quotation which shall be considered by the agency.

Questions shall be submitted no later than 26 April 2019 at 1700hrs (5:00pm) Central European Summer Time to SSG Belanger, Damon at damon.j.belanger.mil@mail.mil and SSG Shettles, Jason at jason.d.shettles.mil@mail.mil. No phone calls will be taken.

Quotations shall be submitted electronically no later than 1700hrs (5:00pm) Central European Summer Time on 27 April 2019 to SSG Belanger, Damon at damon.j.belanger.mil@mail.mil and SSG Shettles, Jason at jason.d.shettles.mil@mail.mil at +49-9641-83-8039.

Contractors shall provide a quotation for the following Contract Line Item Numbers (CLINs) in accordance with the attached Performance Work Statement.

CLIN Description Quantity Unit of Issue

Unit Price*

Port of Gdynia Agricultural Cleaning Redeployment Services. Contractor Shall Furnish all Services Related Terms Listed in the PWS

1 JOB $

Contract Manpower Reporting As prescribed in attached PWS Assistance with data input should be directed to the Requiring Activity, identified herein.

NOTE: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter NSP (not separately priced) in lieu of a price. No entry in the space provided at this CLIN will be considered NSP. If the item is separately priced, supporting information in terms of man hours and rates applied are required in order for the Government to determine price fair and reasonableness.

1 JOB $

Unit Identification Code (UIC): WK4UT1

*All prices shall be in US Dollars. EURO, or Local Currency **Exact service related coordinates shall be provided at time of award

Total Price*

Service Related Items:

Period of performance 2 May to 21 May 2019 at the Port of Gdynia

The following Provisions and Clauses are incorporated into this combined synopsis/solicitation:

52.203-3 Gratuities APR 1984 52.204-7 Systems for Award Management OCT 2018 52.204-13 Systems for Award Management Maintenance 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 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan MAR 2015 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.225-25 Prohibition of Contracting with Entitled Engaging AUG 2018 52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 52.229-6 Taxes -- Foreign Fixed-Price Contract FEB 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 252.201-7000 Contracting Officer Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7005 Representation Relating to Compensation of former DoD Officials NOV 2011 252.204-7002 Payment for Subline Items Not Separately Priced DEC 1991 252.204-7008 Compliance with Safeguarding CTI OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information MAY 2016 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only one Offer OCT 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7002 Requests for Equitable Adjustment (as per DFARS 212.301) 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea – Alternate I FEB 2019

52.209-7 – Information Regarding Responsibility Matters.

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-1 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 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) 697/2197, 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.

(End of Provision)

ADDENDA

Addendum to provision 52.212-1:

1. GENERAL

The Government will award a single contract for “Lowest Price Technically Acceptable” IAW FAR provision 52.212-2. In accordance with FAR 52.212-1(g), the quotes are intended to be evaluated, and an award made, without discussions with the offerors (other than those communications conducted for the purpose of minor clarification(s)), unless discussions are determined to be necessary by the Contracting Officer. Offerors are cautioned to examine this solicitation in its entirety and to ensure that their quotation contains all necessary information, provides all required documentation, and is complete in all respects.

Quotes shall be submitted in English and sent in PDF format via email to SSG Belanger, Damon, damon.j.belanger.mil@mail.mil, on or before the time specified in the instructions at the top of this document. Local Time means Central European Time (or Summer Time, as appropriate).

The submittal closing time and receipt of quotes shall be established by the time on the receiving Contract Specialist computer. Total size per email shall not exceed 5 megabytes to ensure receipt by U.S. Government email systems. The offeror is responsible to verify Government receipt of quotations.

All correspondence to include offers are required in the English language. Non-compliance may result in rejection of the offer

2. AMENDMENTS

If necessary, any subsequent Amendment will be posted the Federal Business Opportunities (FBO) website at https://fbo.gov. It is highly recommended that firms register on the FBO websites as plan holders. It is the Offeror’s responsibility to check the designated websites periodically for any amendments to the solicitation.

3. REQUIREMENTS FOR OFFERORS

The Government requires an offeror to have a current Data Universal Numbering System (DUNS) Number as issued by Dun & Bradstreet, NCAGE/CAGE Code, and register in the System for Award Management (SAM) prior to award of a contract with the US Government. It is the responsibility of the offeror to comply and register. If you currently do not have a DUNS, NCAGE/CAGE, or SAM registration, please refer to the System for Award Management (SAM) and WAWF Registration Instructions. Offerors must provide a DUNS number and NCAGE/CAGE code when submitting quotations.

4. SOLICITATION SUBMITTAL REQUIREMENTS

This request for quote does not commit the Government to pay any costs incurred in the preparation and submission of your quote. Failure to provide the following may result in the offeror ineligible for award. Each quote shall contain, at a minimum, the information/data described below:

a) Detailed item descriptions of the proposed item(s). The narrative shall have sufficient detail to demonstrate as to how the item(s) specifications shall meet the Government’s minimum requirement.

b) Completed Combined Synopsis/Solicitation and all Amendments, duly executed by an official authorized to bind the quote. Ensure that all necessary fields/blanks for required information are completed, or any form of submission stated in FAR 52.212-1 to include minimum requirements for submission also stated in 52.212-1.

c) Completed page 1 section with proposed prices for each CLIN. Offerors shall enter the total price in U.S. Dollars ($) or Euros (€) or Local Currency for each line item. CLIN unit prices to be rounded to only 2-digit decimals after the Comma, dollar or euro. Prices provided shall be fully loaded, inclusive of all fees, overheads, G&A, insurance, profits, or any other markups.

d) Complete pricing for each CLIN as required without taxes and inclusive of all shipping charges, FOB Destination to Poland. Failure to do so may be cause to render the Offeror ineligible for award. US Companies are encouraged to provide US Dollar offers only as otherwise serious payment problems may occur.

All information requested in paragraph c) above shall be documented on the Offerors quote.

e) Completed FAR provision 52.212-3 (ALT I) Offeror Representations and Certifications. With the exception of paragraph (b), completion of the provision is not required if the offeror has active SAM registration. Offerors with an active SAM registration shall complete the annual representations and certifications electronically via the System for Award Management (SAM) website.

f) Completed fill-in clause(s)/provision(s): DFARS clause 252.229-7001 Tax Relief

The following instructions will be applied to provision 52.212-2, Evaluation of Commercial Items

a. Offerors will need to submit the following documentation for evaluation

Factor 1: Technical

b. Sub-Factor 1: Location of Dirty Yard, Wash Rack and Route, offeror shall submit substantiating documents where the vehicles will be washed and a map overlay of the route to sterile yard.

c. Sub-Factor 2: Past Agricultural Cleaning Experience, offeror shall submit substantiating documents of completing at least one agriculture-cleaning project of similar size and scope as a prime or subcontractor.

Factor 2: Past Performance

a. Offeror shall submit substantiating documentation of past performance to include previous or current contracts.

Contractor Manpower Reporting (CMR): Offeror will determine in Schedule of Supplies- Services, CLIN(s), to price or not-separately-price (NSP) the CMRA requirement. CLIN(s) 75xx shall be the CLIN(s) under which the contractor shall bill for all costs associated with the CMRA requirement. If the offeror proposes to report this data at no additional costs to the Government, the offeror shall indicate “NSP” in the space provided in Schedule of Supplies-Services for the CMRA CLIN(s). No entry will be considered “NSP” and “0.00” will be used for evaluation purposes.

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

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

ACCEPTABLE

1. Technical

2. Past Performance

3. Price

(b) Options: N/A

Award will be made on the basis of the lowest evaluated price of quotations meeting the acceptability standards for non-price factors.

Factor 1: Technical The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s quotation against the technical requirement.

Sub-Factor 1: Location of dirty yard, wash rack and route – This factor evaluates the offeror’s location at which the military vehicles and containers will be stored during all phases of the agricultural cleaning and the route to sterile yard. The offeror’s quotation must show where the vehicles will be washed and a map overlay of the route to sterile yard. The route from the wash rack to the sterile yard must be on a paved road. The contractor shall provide, maintain, and manage vehicle wash rack and dirty vehicle location in the vicinity located at the Port of Gdynia.

Rating Description

Acceptable Quotation clearly meets the minimum requirements listed in Factor 1: Technical, Sub-Factor 1

Unacceptable Quotation does not clearly meet the minimum requirements listed in Factor 1: Technical, Sub- Factor 1.

Sub-Factor 2: Past agricultural cleaning experience - The offeror’s quotation must show that the offeror has completed at least one agricultural cleaning project of similar size and scope as a prime or subcontractor for the U.S. Government or NATO.

Quotation clearly meets the minimum requirements listed in Factor 1: Technical, Sub-Factor 2

Unacceptable Quotation does not clearly meet the minimum requirements listed in Factor 1: Technical, Sub- Factor 2.

Factor 2: Past Performance

The Past Performance rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the degree to which the offeror will be able to satisfactorily provide the required services based on past and current performance records. An Acceptable or Unacceptable rating will be determined as follows:

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable

Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

a. Past Performance Information: The information presented in the Past Performance References and information obtained from other available sources other than those identified by the Offeror (such as past performance information obtained from Federal, State and local Government agencies, better business bureaus, published media, and electronic data bases available to the Government) will be the basis for evaluation of this factor.

b. Past Performance Evaluation: The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on recent and relevant contracts. Recent is defined for this action to be contracts that were performed within the last three (3) calendar years from the issuance date of the Request for Quotations (RFQ). Relevant contracts include those for the same/similar services (i.e. vehicle agricultural cleaning) issued by any US Government contracting office as well as any other individual contracts issued by another European Country.

c. The Government may reject a quotation if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld.

d. It is at the Government’s discretion to determine whether past performance information furnished is or is not considered recent and/or relevant. Should the offeror have no past performance information the Government will assign a rating of “Acceptable.”

e. Offerors are cautioned that, in conducting the past performance assessment, the Government may use data provided in the offeror's quotation and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving an “acceptable” past performance rests with the offerors.

f. Offerors may provide information on problems encountered on the contracts identified in their past performance submissions and the offerors’ corrective actions.

Factor 3: Price:

a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars. The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price quotation.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3.

(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—

(6) 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

(7) 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial 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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225- 1, Buy American – Supplies, is…