A21 - W912PM20T0002 Final Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 8, 11, 12, 14, 15, and 16

1. Solicitation Number: W912PM20T0002

2. Solicitation Issue Date: 04 January 2020

3. Contract Specialist: Alicia Evans

4. Offer Due Date/Local Time: January 27, 2020 2:00 PM. Each offeror must submit both a Price Quote and a

Technical Proposal via email to both Alicia.g.evans@usace.army.mil and Rosalind.m.shoemaker@usace.army.mil.

No hard paper copies will be accepted or evaluated. Both the Price Quote and the Technical Proposal must be received by the closing date and time set for receipt of quotes.

5. Questions: All questions shall be in writing and e-mailed to alicia.g.evans@usace.army.mil. Questions concerning this solicitation will be accepted up to the Close of Business (4:00 PM EST) on 16 January 2020. The

U. S. Army Corp of Engineers does not commit to providing responses to questions submitted after this date;

however attempts to answer questions will be made.

6. Issued By:

U.S. ARMY CORPS OF ENGINEERS

Attn: Alicia Evans

69 Darlington Avenue

Wilmington, North Carolina 28403-1343

7. This Acquisition unrestricted under NAICS Code 812332, size standard of $41.5 Million.

8. Discount Terms:

9. Method of Solicitation: RFQ mailto:Alicia.g.evans@usace.army.mil mailto:Rosalind.m.shoemaker@usace.army.mil mailto:alicia.g.evans@usace.army.mil.

10. The Solicitation incorporates by reference FAR 52.212-1, 52.212-4, 52.212-3, and 52.212.5. Addenda are attached.

11. Contractor/Offeror:

12. Total Price:

13. The Contractor Is Required To Sign This Document And Return 1 Copy To The Issuing Office. The Contractor

Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets

Subject To The Terms And Conditions Specified Herein.

14. Signature of Offeror/Contractor:

15. Name and Title of Signer (Type or Print)

16. Date Signed:

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each Coverall Setup per Welder

In accordance with the attached Statement of Work

*The initial setup shall include (15) sets of coveralls for each Welder.

3 welders x 15 sets = 45 sets total

FOB: Destination

NET AMT

0002 52 Week Laundering Services

In accordance with the attached Statement of Work

0003 3 Each OPTION Additional Setup for Welder Coveralls

*THIS CLIN IS NOT GUARANTEED

0004 4 Each OPTION Replacement Coveralls

In accordance with the attached Statement of Work

*THIS CLIN IS NOT GUARANTEED.

1002 52 Week OPTION Laundering Services - Option Year 1

1003 3 Each OPTION Additional Setup for Welder Coveralls - Option Year 1

In accordance with the attached Statement of Work

1004 Each OPTION Replacement Coveralls - Option Year 1

2002 52 Week OPTION Laundering Services - Option Year 2

2003 3 Each OPTION Additional Setup for Welder Coveralls - Option Year 2

In accordance with the attached Statement of Work

2004 4 Each OPTION Replacement Coveralls - Option Year 2

In accordance with the attached Statement of Work

3002 52 Week OPTION Laundering Services - Option Year 3

3003 3 Each OPTION Additional Setup for Welder Coveralls - Option Year 3

3004 4 Each OPTION Replacement Coveralls - Option Year 3

In accordance with the attached Statement of Work

4002 52 Week OPTION Laundering Services - Option Year 4

4003 3 Each OPTION Additional Setup for Welder Coveralls - Option Year 4

In accordance with the attached Statement of Work

4004 4 Each OPTION Replacement Coveralls - Option Year 4

In accordance with the attached Statement of Work

Section C - Descriptions and Specifications

SCOPE OF WORK

STATEMENT OF WORK

PROTECTIVE WELDING COVERALLS AND LAUNDERING SERVICES

(Base + 4 Option Years) for the ENGINEER REPAIR YARD, WELDING SHOP PERSONNEL

GENERAL: The Contractor shall provide Protective Welding Coveralls and Laundering Services for the U.S.

Army Corps of Engineers, Wilmington District Engineer Repair Yard - Welding Shop. All personnel that weld stainless steel are required by OSHA to wear Coveralls to protect against Hexavalent Chromium exposure (see below). This contract shall be for a total of 5 years (Base + 4 option years).

USACE Safety Manual, EM 385-1-1, Sec 6, § M, pages 6-36 through 6-41

29 CFR § 1910.1026 - Chromium (VI) o Title 29 Labor o Subtitle B Regulations Relating to Labor o Chapter XVII Occupational Safety and Health Administration, Department

Of Labor o Part 1910 Occupational Safety and Health Standards o Subpart Z Toxic and Hazardous Substances o Section 1910.1026 Chromium (VI)

OSHA 3373-10 2009 (written standard is attached for reference)

SPECIFICATIONS: The Contractor shall provide Protective Coveralls for Welding Operations (Stainless Steel) and Weekly Laundering Services, as listed below, to the Wilmington District Engineer Repair Yard - Welding Shop:

Repairs and/or replacement of Protective Coveralls, as required.

Laundering service of protective coveralls

(1) Container shall be provided by the US Army Corps of Engineers & placed in the Welding Shop, to store the contaminated coveralls for weekly servicing.

CLIN # DESCRIPTION UNIT QTY UNIT

COST

TOTAL

BASE YEAR - Period of Performance 1-FEB-2020 thru 31-JAN-2021

0001 Setup Per Welder Each 3

0002 Laundering Services Week 52

0003 Option Additional Setup Per Welder Each 3

0004 Option Replacement Coveralls Each 4

* Options can be exercised anytime within the year of that option. Total :

This contract is to provide protective coveralls for each of the Welders at the Engineer Repair Yard, to protect against Hexavalent Chromium Exposure. The Initial Setup shall include (15) sets of coveralls for each Welder.

Protective Coveralls in the proper size of Coveralls for each welder

Welder Greene Large Regular

Welder Alexander 2XX Regular Welder Jones 2XX Regular

PICKUP AND DELIVERY SERVICES : Regular service shall be provided on weekly. Pick-up and delivery schedule shall be coordinated with the Contracting Officer’s Representative (COR). Contractor shall deliver cleaned items within (7) days from pick-up date. The Government reserves the right to change the day and time for pick-up and delivery. Pick-ups and deliveries that fall on a recognized federal holiday shall be performed prior to the holiday.

NOTE: The Contractor shall not provide services on Federal holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Weekly pickup and delivery service schedule:

ACCOUNTING FOR ARTICLES PICKED UP AND DELIVERED:

Procedures and records used for receiving, marking and classifying items shall be conducted in a manner as to ensure proper processing and return of items to each originating employee. The contractor shall record the number of pieces picked up and delivered on a delivery ticket, and the receiver shall count quantities and sign the delivery ticket to verify receipt.

INITIAL DELIVERY. The contractor shall deliver initial stock of clothing items to the Government within (30) calendar days after notice of award.

NEW AND REPLACEMENT CLOTHING DELIVERY. Protective coveralls for new employees and replacement items for existing employees shall be delivered within (14) calendar days after notice of modification.

Invoices will be paid on a monthly basis, upon receipt of the monthly invoice by the below named

Contracting Officers Representative (COR).

PERIOD of PERFORMANCE: February 1, 2020 - January 31, 2025 (Base + 4 Option Years) (Estimated period of performance dependent on award date)

Base Year February 1, 2020 - January 31, 2021

Option Year #1 February 1, 2021 - January 31, 2022 Option Year #2 February 1, 2022 - January 31, 2023 Option Year #3 February 1, 2023 - January 31, 2024

Option Year #4 February 1, 2024 - January 31, 2025

PICK UP & DELIVERY: The contractor shall pickup & deliver the required items at the following address:

US Army Corps of Engineers, Wilmington District Engineer Repair Yard – Weld Shop

232 Battleship Rd.

Wilmington, NC 28401

ON-SITE POC’s : Ken Bailey @ 910-251-4617 Office / 910-617-0930 Richard Simpson @ 910-251-4641

Tim Greene Sean Alexander Seth Jones

CONTRACTING OFFICERS REPRESENTATIVE (COR):

US Army Corps of Engineers

Wilmington District Attn: SCOTT AIKEN / michael.s.aiken@usace.army.mil

69 Darlington Avenue Wilmington, NC 28403-1343

INVOICING: The Contractor shall provide a copy of the invoice upon delivery/completion of the contracted product(s) or service(s). The invoice may be provided through e-mail (preferred) or United States Postal Service (USPS) to the Contract POC/COR named below. The contractor shall also ensure that the following items are included on the invoice:

Day of the Week: THURSDAY

Hours: 0700 – 1530 hrs.

Contract #

Invoice #

Company Name (MUST MATCH THE NAME ON THE CONTRACT DOCUMENT)

Invoiced line item(s) MUST MATCH the contract line items (e.g. 0001, 0002, etc.)

Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable) *** Refer to SAMPLE INVOICE (APPENDIX A)

AT-OPSEC REFERENCE:

2. Access and General Protection/Security Policy and Procedures.

The Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the government representative).The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

2b. The Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

15. Pre-screen candidates using E-Verify Program.

The Contractor must pre-screen Candidates using the E-verify Program http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

APPENDIX A

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

0003 Destination Government Destination Government 0004 Destination Government Destination Government 1002 Destination Government Destination Government

1003 Destination Government Destination Government 1004 Destination Government Destination Government

2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government

4002 Destination Government Destination Government 4003 Destination Government Destination Government

4004 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2020 TO

31-JAN-2021

N/A ENGINEER REPAIR YARD, WILMINGTON,

DISTRI

KEN BAILEY

232 BATTLESHIP ROAD

WILMINGTON NC 28401

910-251-4617

W912PM

0002 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-FEB-2021 TO

31-JAN-2022

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-FEB-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-FEB-2022 TO

31-JAN-2023

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-FEB-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-FEB-2023 TO

31-JAN-2024

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-FEB-2024 TO

31-JAN-2025

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

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

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-23 Assignment Of Claims MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-16 Responsibility For Supplies APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications JUN 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is no t a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manag er;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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.

Award shall be made to the lowest priced technically acceptable offer.

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.

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

Quotes will be evaluated using informal source selection procedures.

TECHNICAL FACTOR:

Evaluation –Each item in Technical Requirements Table will receive one of the adjectival ratings defined below.

Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

ADJECTIVAL RATING

DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.

TECHNICAL CRITERIA A or U

The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance

Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System

(PPIRS), or Past Performance Questionnaires. Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote. Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of Work (SOW) of uniform or coverall rentals and Laundering Services.

Contracts/Projects that are recent are defined as those that have been completed within the last five (5) years.

A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact.

Please do not submit more than five (5) contracts/projects. In order for an offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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

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

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

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

https://www.sam.gov/

“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 exclus ively 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”, consis tent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

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

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

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

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

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

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

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

51 percent of its stock is owned by one or more women; or

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

http://www.sam.gov/

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for 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.

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

(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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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 included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ̀ `Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ̀ `commercially available off-the-shelf (COTS) item,''

``component,'' ̀ `domestic end product,'' ̀ `end product,'' ̀ `foreign end product,'' ̀ `Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ̀ `Israeli end product,'' and ̀ `United States'' are defined in the clause of this solicitation entitled ̀ `Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ̀ `Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End…