W912PQ-10-T-0052.doc

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Guardian Angel Weapons System (GAWS) Motorized Equipment Project (MEP) Manager

W912PQ-10-T-0052

12 July 2010

Task Order Objective: Provide motorized equipment management services at the 103rd Rescue Squadron. Place of performance will be Westhampton Beach, NY.

· Accountability of all equipment to include serviceability status of equipment is 98% complete.

· Equipment is loaded and tracked according to USAF guidelines/instructions 99% of the time.

Periodic Inspection /

Spot Checks / Monthly

Perform functional tests, analyses performance and malfunctions of electrical and mechanical assemblies.

Performs routine and field sustainment maintenance.

Technical Specification

2.2-2.2.2.3 and 3.1-5.1

· Maintenance is performed as required or scheduled 95% of the time

· Equipment serviceability status is maintained 95% of the time.

1.0 Organizational Analysis:

Air National Guard (ANG):

Source: (http://www.ang.af.mil/mission.asp)

Vision is to be a "Ready, reliable, and accessible force that maintains its relevancy now and through the millennium"

Mission is "To provide combat capability to the war fighter and security to the homeland.” Specifically, to provide ready units to the state and nation in three critical roles:

· Federal Role: To support national security objectives

· State Role: To protect life and property, and to preserve peace, order, and public safety.

· Community Role: To participate in local, state, and national programs that add value to America

2.0 Technical Specifications The following technical specifications are provided to demonstrate the task environment in which the services will be delivered. The following specifications are not directives on how the services are to be provided but an example of what traditionally has been required to successfully support the task order objective. The contractor is encouraged to surpass the minimal technical specifications as well as demonstrate technical, operational, and administrative expertise to support the customer in exceeding organizational and departmental objectives.

2.1 Motorized Equipment Specialist:

Guardian Angel Weapons System (GAWS) Motorized Equipment Specialist (MEP) provides maintenance, troubleshooting, testing and management of various motorized equipment at the 103rd Rescue Squadron.

2.1.1 Contractor shall perform in depth equipment checks and provide detailed maintenance, repair, or declare equipment unserviceable.

2.1.2 Contractor MEP shall assist the 103rd Rescue Squadron by providing detailed maintenance and management of unit’s motorized equipment program, specifically: military vehicles, all terrain vehicles (ATV), snow machines, Advanced Rescue Craft (ARC), compressors, generators, chainsaws, rescue saw, boat engines, extraction equipment, trailers, forklift, and Low-Speed Vehicles (LSV).

2.1.3 Monthly Status/Maintenance Report. Contractor shall provide the Government a written monthly progress report containing contractor progress, status, and maintenance updates by the tenth of the following month. The report shall address at a minimum, the general requirements description, progress during the past month, equipment issues, actions to be taken to resolve the issues, and future plans. The report may be submitted electronically if readable by MS Word, latest version. See Attachment 1 for an example.

2.1.4 Inventory Report. As required, prepare oral/written report to all available motorized equipment, accessories, and its operational readiness.

2.1.5 Equipment Mishap Report. When requested, advise/assist in Air Force investigations and analysis of accidents, incidents, and failures of GAWS motorized equipment.

2.1.6 Cost Breakdown Report. The contractor will provide, as requested, a report detailing expenditures.

2.2 This position is located in the 103rd Rescue Squadron (RQS) Logistics Section (LG). The mission of the 103rd Rescue Squadron is to organize, train, equip, and sustain SERE, Pararescue, Combat Rescue Officers, and various support personnel to support State and National Civil Search and Rescue, and worldwide employment of Combat Search and Rescue (CSAR) and the full range of Personnel Recovery and Special Operations missions. The force, known as the Guardian Angel Weapon System (GAWS), is required to rapidly deploy in support of joint operations in all physical environments, both at night and day, and to provide the war fighting commanders the ability to project both air and ground forces to any region of the world in support of our national objectives. Rescue Squadrons provide unique and special skills required for support of these joint operations and are equipped and tailored to support specific missions. To ensure mission success and personnel safety, it is imperative that motorized equipment and associated support equipment is maintained at peak operational readiness levels IAW Department of Defense (DOD) guidelines. If DOD guidelines are not available for certain types of equipment; manufacturer’s specifications will be adhered to. To maintain compliance and insure operational readiness, the 103 RQS must have highly qualified and experienced Motorized Equipment Specialist, who will have extensive and practical knowledge of: Engine repair and operation principles, as well as Mechanical Systems as they pertain to the Guardian Angel mission.

2.2.1.

Research/Technical. The contractor shall research available and emerging technologies and work with the 103 RQS Personnel to identify areas where technology advances can benefit the squadron. Specifically, the contractor should look for solutions to technology gaps, resource protection, and enhanced equipment training methodology that will save training time, funding, or enhance combat survivability of Pararescuemen and Combat Rescue Officers 2.2.2 103 RQS GAWS Motorized Equipment Specialist mandatory skills and experience pertaining to GAWS motorized equipment. The contractor will demonstrate actual work experience and qualifications in the following areas:

2.2.2.1 It is required for the Contractor to have actual work experience managing the equipment used for Air Deployable Equipment Bundle Rigging Process, including RAM-Z, RAM-Q, ARC packages, and REDS extrication gear. Furthermore, MEP Contractor will have experience in the planning, coordinating, and support of Guardian Angel training that requires motorized equipment. Experience may include, but is not limited to waterborne operations (Rigging Alternate Method Zodiac (RAMZ) airdrop, tethered duck (T-Duck) deployment), land/overland operations (RAM-Q, ATV, Snow Machine training), and confined space rescue.

2.2.2.2 Contractor shall be certified to work on Honda 4 cycle Marine Outboard Engines, and have experience with the full engine rebuild / process.

2.2.2.3 The contractor will have experience in small vessel operation, and hold some form of Coast Guard (civilian) or DOD equivalent documentation expressing their experience in small vessel operations.

2.2.2.3.1 When requested, and at the discretion of GAWS RQS/CC, provide Boat Master Support for unit water operations training.

2.2.3 The contractor will execute the following activities:

2.2.3.1 Contractor shall ensure motorized equipment program meets regulatory guidance concerning, accountability and maintenance. Contractor will provide a quarterly report on the status of unit’s motorized equipment and accessories.

2.2.3.2 Contractor shall be the focal point for motorized equipment and accessories, and will develop an Equipment Accountability Database or spreadsheet to track equipment utilization, maintenance time/costs, and repair time/costs. Perform preventative/scheduled maintenance program for assigned equipment.

2.2.3.3 Contractor shall inspect all unit equipment and work directly with either base support or local equipment maintenance for the repair and or replacement of unit’s equipment when work can not be done in house.

2.2.3.4 Contractor shall coordinate all funding requirements through the Contracting Officer (COR), Resource Advisor, and Mission Equipment NCOIC.

2.2.3.5 Contractor shall be responsible for ensuring all motorized alert mission equipment is postured to meet the 103 RQS alert commitments and contingencies.

2.2.3.6 Contractor shall be physically able to operate unit’s small forklift and become certified.

2.2.3.7 Maintaining the Material Safety Data Sheet (MSDS) and hazardous material program.

2.2.3.8 When requested, and at the discretion of GAWS RQS/CC, provide Boat Master Support for unit water operations training.

2.3 Deliverables. The contractor shall provide the following:

PARA 1.4.10

1 each

NOTE: View AFI 10-351: http://www.epublishing.af.mil/

2.3.1.

Monthly Status Report. Contractor shall provide the Government a written monthly progress report containing Contractor progress, status, and management updates by the tenth of the following month. The report shall address at a minimum, the general requirements description, progress during the past month, management issues, actions to be taken to resolve the issues, and future plans. The report may be submitted electronically if readable by MS Word, latest version. See Attachment 1 for an example.

2.3.2.

Inventory Report. Submit inventory report of all 103 RQS motorized equipment and accessories.

2.3.3.

Maintenance Report. As required, prepare oral/written reports/recommendations to correct deficiencies in all aspects of motorized equipment maintenance.

2.3.4 Equipment Mishap Report. When requested, advise/assist in Air Force investigations and analysis of equipment incidents, and failures. As required, provide inputs in written form. As required, develop briefings and information papers related to maintenance and operational problems for dissemination to GAWS personnel.

2.3.5 Training Policy. When requested, assist the GAWS RQS Training and Standards/Evaluations Sections in the development and drafting of motorized training policies, directives, and regulations for review and approval by the 103RQS/DOV 106OGV.

2.3.7 Cost Breakdown Report. The contractor will provide, as requested, a report detailing expenditures.

3.0 Additional Requirements and Notes:

3.1.

Contractor shall possess advanced technical knowledge necessary to solve the complex problems of the Task Order.

3.1.1 Military or civilian small engine repair / vehicle maintenance background is highly desirable. Furthermore, knowledge of engine repairs and detailed operating characteristics to include, but not limited to: four wheel drive and all terrain vehicles, snow machines, watercraft, and power rescue tools. Knowledge of safety regulations and procedures. Ability to operate all terrain vehicles, watercraft, snow machines, and power rescue tools. Ability to perform heavy duty maintenance; specifically on 4 cycle, 2 cycle, and diesel engines. In addition, experience with outboard boat motors, ATV’s, and snow machines using tools and equipment supplied by unit.

3.1.2 Contractor shall have working knowledge of the following computer software:

· Microsoft Word

· Excel

· Unit Level Logistics System-Ground (ULLS-G) program

· Fed Log

3.2 Average work hours are 40 hours per week – However, work times may vary on a day to day basis.

3.3 TRAVEL. Travel outside the local area may be required to support the requirements of this task order. All travel must be directed and approved in advance by the COR. Travel shall be reimbursed in accordance with the, Joint Travel Regulation (JTR), Allowable Travel Cost. Contractor personnel are not authorized to travel on Government invitational travel orders.

3.3.1 The Contractor shall fund all travel and expenses for technical training of on-site Contractors related to the operation, repair, and servicing of existing water craft and equipment in inventory at time of contract acceptance or options exercised. The Contractor shall also fund all expenses for routine technical training of other company personnel on any equipment and water craft currently in or added to inventory during the period of the contract.

3.3.2 The 103 RQS will arrange funding for all travel and expenses for technical training of on-site Contractors for new and/or unusual equipment and watercraft added to inventory GAWS-wide, if required. To qualify for 103rd funding, the technical training must be for a new technology/ability.

3.3.3 The 103 RQS will fund all travel and expenses for technical training courses related to the operation, maintenance, repair, and servicing of locally purchased unit specific watercraft and equipment.

3.3.4 The 103 RQS will fund all travel and expenses for maintenance or servicing of equipment and water craft the on-site Contractor is required to perform at an off-site or commercial facility when on-site Government provided facilities are inadequate to accomplish the work. Determination of adequate facilities for servicing and maintenance tasks rests with the Contracting Officer Representative (COR)

3.4 Contractor will be provided with adequate office space located at the 103rd Rescue Squadron including a complete workstation and chair, expendable supplies, computer hardware and software (and support), internet/intranet/Local Area Network (LAN) (and support), tools for day to day operation, telephone and fax, copy machine and printer, mail service and postage. All government furnished supplies and services shall be for official use only.

3.5 Contractor will be required to be able to obtain license and operate the following Government Owned Vehicles (GOV’s):

· Fork Lift up to 10k

· Up to 10 PAX Van

· Up to F-450 Dual Wheel Pick-up or equivalent

· Up to Full Size SUV

· Up to Triple Axle Trailer Towing

4.0 Miscellaneous:

4.1 Hours of Operation: The contractor shall perform the services required under this contract primarily within the hours of 0700-1800, Mon thru Fri. However, it may be required for the contractor to work flexible hours and weekends depending on the needs of the squadron.

4.1.1 It may be required for the contractor to work in excess of 40 hours per week. In such a circumstance the contractor will be compensated time and a half for any hours worked in excess of 40 hours per week.

EMPLOYEE TRAINING

5.1 The contractor shall receive additional specific small engine repair training and forklift driving certification all at the expense of the unit. Records of training, qualifications and certification shall be maintained by the contractor on file and made available for government review upon request

6. APPENDICES

A. Estimated Workload Data

APPENDIX A

ESTIMATED WORKLOAD DATA

Quality Assurance Plan:

The Contracting Officer Representative (COR) will monitor contractor performance and complete the Quality Assurance Worksheet provided below on a bi-weekly basis in which a signed copy of Quality Assurance Worksheet will be submitted directly to the Contracting Officer. The COR will assume a quality performance rating of “Green” on all measured deliverables unless otherwise notified.

The quality rating may change from “Green” to “Red” without notice. We anticipate the COR utilizing the “Yellow” quality rating to alert the contracting office of quality issues that have the potential for a “Red” quality rating if corrective action is not taken.

By approving service and/or deliverables on the worksheet, the COR confirms the quality performance rating of “Green” unless otherwise annotated. The Contracting Officer listed on the Purchase Order will provide the Contractor with a copy of all rating worksheets that are other than green.

At the end of the task order period of performance or annually, the COR will be asked to complete a Quality Performance Review to document the quality performance rating during the performance period. This will be submitted to the Contracting Officer.

The COR may submit a Quality Assurance Worksheet at anytime and as often as necessary to document quality levels. If Contractor response to an identified quality deficiency is unsatisfactory, the Contracting Officer will contact the appropriate Contractor representative to implement a plan of action to remedy the identified deficiency.

The Customer must identify what component of the deliverable and/or service requires attention.

The Customer must identify what component of the deliverable and/or service is below the minimum AQL.

QUALITY ASSURANCE WORKSHEET

Performance Rating

Date

Perform inventories of all 103rd RQS motorized equipment and associated systems.

Yellow

Red

Perform functional tests, analyses performance and malfunctions of electrical and mechanical assemblies.

Yellow

Red

Performs routine and field sustainment maintenance.

Yellow

Red

Contractor employee(s) has required badges displayed and identify themselves as contractors 98% of the time.

Yellow

Red

Note: Attach Time Card

Period of Performance: From _______________to____________

Number of Hours Actually Worked: ______ (Include only actual hours worked. Do not include non worked holidays, leave, etc. these are included in the rate the Government pays and are not paid as hours worked.) Overtime_____ (if applicable to the PO): ________ Approved by: Date: ___________________ (Signature of COR)

MOTORIZED EQUIPMENT PROJECT MANAGER

FFP

SERVICES, NON-PERSONAL: CONTRACTOR TO PROVIDE ALL LABOR, TOOLS, PARTS, MATERIALS, EQUIPMENT, TRANSPORTATION, AND OTHER INCIDENTALS NECESSARY TO ACCOMPLISH SERVICES LISTED BELOW:

TO PERFORM SERVICES AS THE GUARDIAN ANGEL WEAPONS SYSTEM (GAWS) MOTORIZED EQUIPMENT PROJECT MANAGER FOR THE 103RD RESCUE SQUADRON AS INDICATED IN THE PERFORMANCE STATEMENT OF WORK TITLED “GUARDIAN ANGEL WEAPONS SYSTEM (GAWS) MOTORIZED EQUIPMENT PROJECT MANAGER” DATED 12 JULY 2010.

PERFORMANCE PERIOD IS FROM 15 SEP 10 TO 14 SEP 11.

WAGE DETERMINATION NO. : 2005-2373 REV. NO. 9 DATED: 6/15/10 SHALL APPLY.

FOB: Destination

MILSTRIP: F9E1PJ0165A004

PURCHASE REQUEST NUMBER: F9E1PJ0165A004

SIGNAL CODE: A

NET AMT

Lot

OVERTIME

FFP

SERVICES, NON-PERSONAL: OVERTIME- IT MAY BE REQUIRED FOR THE CONTRACTOR TO WORK IN EXCESS OF 40 HOURS PER WEEK IN ACCORDANCE WITH THE SERVICE CONTRACT ACT.

FOB: Destination

MILSTRIP: F9E1PJ0165A004

PURCHASE REQUEST NUMBER: F9E1PJ0165A004

SIGNAL CODE: A

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-SEP-2011

FOB: Destination

14-SEP-2011

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(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 or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(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 (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

1-Price

2-Experience

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

(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.

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.

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 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 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.

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

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

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

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

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

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that 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, for general statistical purposes, 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(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.