W91QVN-16-R-0112.docx

W91QVN-16-R-0112

Section SF 1449 - CONTINUATION SHEET

Removal/Disposal of Oil/Water Mixture

FFP

from the separator (s) (Requirement) FOB: Destination

ESTIMATED

NET AMT

Removal/Disposal of Sludge from oil/waster separator(s)

ESTIMATED

15,000

Pumping/Moving to Other Oil Separator

ESTIMATED

Emergency Call

ESTIMATED

Contract Data Requirement List (CDRL)

NET AMT

Contractor Management Report (CMR)

CMR must be reported by 31 October of each calendar year during the life of the contract as specified in the PWS, para 8.

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: F3J3CE, Organization: 51st CES (PACAF), Unit 21219, APO AP 96278-2129.

NET AMT

Estimated Costs for War Hazard Losses is

Zero (0).

NET AMT

FFP

from the separator (s)

ESTIMATED

FFP

from oil/waster separator(s)

ESTIMATED

15,000

ESTIMATED

FFP

ESTIMATED

NET AMT

NET AMT

FFP

NET AMT

FFP

from the separator (s)

ESTIMATED

FFP

from oil/waster separator(s)

ESTIMATED

15,000

ESTIMATED

FFP

ESTIMATED

NET AMT

FFP

CMR must be reported by 31 October of each calendar year during the life of the contract as specified in the PWS, para 8.

NOTE: Not to exceed 20 man hours for data collection and report.

NET AMT

FFP

NET AMT

FFP

from the separator (s)

ESTIMATED

FFP

from oil/waster separator(s)

ESTIMATED

15,000

ESTIMATED

FFP

ESTIMATED

NET AMT

FFP

CMR must be reported by 31 October of each calendar year during the life of the contract as specified in the PWS, para 8.

NOTE: Not to exceed 20 man hours for data collection and report.

NET AMT

FFP

NET AMT

FFP

from the separator (s)

ESTIMATED

FFP

from oil/waster separator(s)

ESTIMATED

15,000

ESTIMATED

FFP

ESTIMATED

NET AMT

FFP

CMR must be reported by 31 October of each calendar year during the life of the contract as specified in the PWS, para 8.

NOTE: Not to exceed 20 man hours for data collection and report.

NET AMT

FFP

NET AMT

NOTE

NOTE: Period of Performance.

INVITED CONTRACTOR STATUS IS NOT AVAILABLE FOR THIS REQUIREMENT:

All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA) precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business license directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea must submit adequate verification in its initial proposal or quote, that it has the requisite business licenses directly from the ROK Government to perform the contract and the capacity to conduct business in accordance with all applicable ROK LAWS, including but not limited to, rules and policies regarding labor, taxation, and immigration. If the initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror demonstrates this authorization and capacity shall be determined by the Contracting Officer.

* The Price Proposal should be Korean Won (₩).

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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 (https://assist.dla.mil/online/start/).

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

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

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

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

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) 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 SAM 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) System for Award Management. 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 SAM 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 SAM 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 SAM database accessed through https://www.acquisition.gov.

(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.

ADDENDUM To FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2008)

1. PROPOSAL SUBMISSION: Offerors’ proposals shall adhere to the following instructions:

1.1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

1.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

1.3. Each Offeror shall submit a complete offer package including: (a) signed first page of the solicitation and each amendment (b) price for each contract line item (CLIN) in the solicitation (c) supporting documentation for the non-price factor(s) specified in FAR 52.212-2 of this solicitation, and (d) completed FAR 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items and Local Clause 5152.204-4032, Representations and Certifications.

1.4. Offeror(s) shall submit complete proposals the Federal Business Opportunities (FBO) website (https://www.fbo.gov/) by 13:00 hours by the closing date (local Korea time). All questions should be emailed to the Contract Specialist at myonghui.hong.ln@mail.mil and Contracting Officer at percy.d.jones2.civ@mail.mil within 20 days after the solicitation is issued. Questions received after this date and time may or may not be answered.

1.5. System for Award Management (SAM) registration, which requires DUNS Number and CAGE Code, will be required prior to the award.

FACTOR A. TECHNICAL PROPOSAL:

Sub-factor 1. Prime Offeror’s Prior Experience: The offeror shall provide an evidence document of minimum two (2) years of experience within the last five (5) years in Designated Waste Collection and Transportation Business. The experience of a subcontractor cannot be substituted for the prime contractor's experience. The offeror shall provide prior experience in following format:

- The title of the contract/project

- Contract No. for the Government/Commercial performance

- A brief description of performance

- Period of contract/project (year/month/date – year/month/date)

- Value of contract/project

- Complete name of point of contact at client organization.

- Phone number and email of POC of client

Sub-Factor 2. Prime Offeror's Permission: The prime offer shall provide a current and valid permissions issued by ROK Government both English and Korean Version, A subcontractor’s license may NOT be substituted for the prime’s license.

a. Designated Waste Collection & Transportation Business Permission (지정폐기물 수집. 운반업 허가증)

b. Designated Waste Intermediate Treatment/Disposal Permission for (지정폐기물 중간 처분업 허가증) for collection and transportation of the designated waste and the treatment of the designated waste (Waste Oil/POL-laden sediment/sand/soil).

Sub-factor 3. Contract Manager: The Contract Manager shall submit a resume. The CM shall have an experience as a CM with a minimum two (2) years perform in designated waste collection and transportation within the last five (5) years. The offeror shall provide prior experience in following format:

Sub-factor 4. Equipment Plan: The offeror shall submit an Equipment Plan which clearly demonstrates how the offeror shall provide necessary equipment to perform services for removal, transportation, and disposal of oil/water mixture and contaminated sand/soil from various Oil/Water Separators (OWS) and clearly identifies equipment list, equipment type, description, quantities, ability to secure required equipment and any other information to perform in accordance with the PWS.

FACTOR B. PAST PERFORMANCE:

The offeror shall provide a list of contracts under which they have performed same or similar size of scope services relevant to this RFP’s requirement within the last five (5) years as of the opening date of the solicitation. This data on recent contracts will be used by the Contracting Officer to evaluate past performance. The offerors shall present past performance for themselves whose effort on this contract will significantly influence performance of the proposed effort. The following information shall be included as applicable:

- The title of the contract/project

- A description of work completed

- Name of the Client Organization or Requiring Activity

- Length of contract/project (year/month/date – year/month/date)

- Value of contract/project

- Complete name, e-mail and phone number of point of contact (POC) at Client Organization

FACTOR C. PRICE:

Price analysis will be conducted for each proposal to ensure completeness and reasonableness. The following applies to that evaluation.

(a) Pricing Information – A detailed price proposal is required for the price reasonableness and to facilitate analysis.

(1) Supporting Information – Supporting data is reasonably required to facilitate analysis and evaluation of the proposed rates, together with such references or footnotes as may be necessary to identify or cross-reference the specific support data shall be submitted to justify the amount proposed for each line items such as categories for labor, material, transportation and overhead and profit.

(2) Contract Line Item Price Summary – The offeror shall provide a price summary of the total project broken down by contract line item. The values which are presented for each contract line item will reflect the values entered in Schedule of Supplies/Services and Prices for each contract line items.

(3) Additional Contract Line Item Price Summary - The offeror shall provide a separate price summary of each contract line item identifying the labor, material, subcontract price, if any, direct labor and overhead, other direct prices, general and administrative prices and fee associated with each contract line item.

(b) Proposed Prices – Proposed prices will be evaluated to determine if the estimate is complete, realistic, reasonable and balance, and has no unbalanced to assess the offeror’s understanding of the solicitation. Any inconsistency, whether real or apparent between proposed performance and price, must be clearly explained in this volume of the proposal. For example, if unique and innovative approaches are the basis for an abnormally low price estimate, the nature of these approaches and their impact must be completely documented.

Specific Price Proposal Instructions: Offerors shall provide a proposal to include:

(1) Schedule of Services (CLINs) and Sub-CLINs of the RFP for all five (5) years;

(2) Prices shall be in local currency (Korean Won). If there is no proposed price, offeror shall put zero “0” in the CLIN or Sub-CLIN. If offeror does not put any amount, the offeror’s proposal is incomplete. Incomplete proposal will not be accepted.

(3) Any escalation in option year pricing shall be identified.

2. COMPLETION OF PROVISIONS/CLAUSES:

Offeror(s) shall fill out the following FAR or local clauses and submit as the final part of the price proposal:

(1) 52.212-3, Alt 1, Offeror Representations and Certifications--Commercial Items Alternate I.

(2) 5152.204-4032, Representations and Certifications.

3. POINT OF CONTACT: Offeror shall provide the Name(s), office/mobile telephone numbers, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

4. PRE-AWARD SURVEY:

A pre-award survey may be conducted on firms, to include joint venture partners and subcontractors indicating firm commitments to this acquisition that were included with the proposals. The pre-award survey is to determine the prospective contractor’s responsibility IAW FAR Part 9.104-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three working days of the request.

NOTE: The proposals are intended to be evaluated, and award made, without discussions with the offerors (other than minor clarifications) unless discussions are later determined to be necessary.”

5. SITE VISIT: In accordance with FAR 52.237-1 Site Visit, site orientation is scheduled as follows:

Meeting Place: Doolittle Gate (459-2, Singjan-dong, Pyeongtaek-Si, Gyeonggi-Do)

a. Offerors planning to attend the Site Orientation shall forward the following information to Ms. Hong, Myong Hui at myonghui.hong.ln@mail.mil by 1 July 2016 13:00 hours.

- Company Name

- Name(s) Maximum of 2 individuals per offeror

b. The attendees must bring a photo identification card (주민등록증 또는 운전면허증)

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

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

Award will be made to the responsible Offeror submitting the Best Value Lowest Priced, Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:

The following ratings will be used in evaluating Past Performance:

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.

FACTOR A. Technical Capability:

Sub-factor 1. Prime Contractor’s Prior Experience:

Sub-factor 2. Prime Contractor's Permissions:

Sub-factor 3. Contract Manager

Sub-factor 4. Equipment Plan:

FACTOR B. Past Performance:

Past performance shall be evaluated on an acceptable/unacceptable basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the Offeror from sources other than the references provided. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.

The offeror shall have recent and relevant past performance in the following areas. Recent past performance is within the last two (2) years as of the opening date of the solicitation. Relevant past performance are those that are the “same or similar” services based on size, scope, complexity, and contract type.

(1) U.S. DoD, ROK MND and/or commercial designated waste collection and transporation business.

FACTOR C. Price: Price analysis will be conducted for each proposal to ensure completeness and reasonableness. The following applies to that evaluation.

(1) Price Analysis in conjunction with Technical Analysis will be used to perform a Price Reasonableness Analysis to determine if the price is fair and reasonable for the work to be performed. Pricing shall be included for all CLIN for each year and a total for all five years (Prices shall be in local currency-Korean Won). The proposal will be evaluated to determine whether the proposal reflects a thorough understanding of the PWS, and whether the price proposed is consistent with performance described in the technical proposal.

0. Completeness. The Offeror shall complete the pricing information for each contract line item identified for each year and option year. (Include total price for all five (5) years). Price proposals, which are unrealistically low, will be deemed reflective of a failure to comprehend the complexity and risk of the proposed contractual requirement and may be grounds for rejection of the proposal. Any underlying assumptions including proposed escalation rates between base and subsequent option periods shall be clearly explained.

0. Reasonableness. Price analysis techniques will be used to evaluate the Offeror’s full understanding of the requirement, is reasonable for the work to be performed, and is consistent with approaches in the Offeror's technical proposal. Price should also reflect fair market value and be reasonable when compared to the other offers.

0. As part of the price evaluation, proposals may be reviewed to identify any unbalanced pricing. IAW FAR 15.404-1(g)(3), Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

0. Price is not scored. The Government will review the price proposal to determine the extent to which it is reasonable, realistic, and consistent with the technical proposal. The lowest price for award purposes will be the combined total of the base year and all option periods. Price must include all CLINs as listed on the Price Schedule, including option CLINs, subCLINs. The Government intends to evaluate proposals and award a contract without discussions. Therefore, Offerors are instructed that submitted proposals should contain their best pricing.

0. As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the Offeror’s final option period prices to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and one-half of the 4th option. Offerors are required only to price the base and four (4) options. Offerors shall not submit a price for the potential one-half year extension of services period.

(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 (APR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

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

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not…