SOLICITATION NOTICE
J -- Vertical Transport Equipment - Attachment 6 - Attachment 3 - Attachment 1 - Attachment 4 - Attachment 2 - Attachment 5
- Notice Date
- 5/19/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 238290
— Other Building Equipment Contractors
- Contracting Office
- Department of the Air Force, Air Force Materiel Command, AFTC/PZIO - Eglin, 308 West D. Ave, Bldg 260, Suite 130, Eglin, Florida, 32542-5418, United States
- ZIP Code
- 32542-5418
- Solicitation Number
- FA2823-15-R-6009
- Point of Contact
- Anquanette Lasha Figueroa, Phone: 8508829120, Cynthia Smith, Phone: 850-882-0197
- E-Mail Address
-
anquanette.figueroa@eglin.af.mil, cynthia.smith.19@us.af.mil
(anquanette.figueroa@eglin.af.mil, cynthia.smith.19@us.af.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- PP References Bid Schedule Affidavit Performance Work Statement Base Access Memo PP Questionnaires This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures as supplemented with FAR 13.1 and 13.5 and additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is Request for Proposal numbered FA2823-15-R-6009 for Vertical Transportation Equipment Services (VTE) at Eglin AFB, FL. This is a 100% Total Small Business Set-Aside only acquisition. The North American Industry Classification System (NAICS) code for this acquisition is 238290, with small business size standard of $15M. Please identify your business size in your response based upon this standard. Prospective offerors must be registered on the System for Award Management (SAM) website at www.sam.gov to be eligible. Please provide DUNS and/or Cage Code and description of your company's delivery terms and any charges for shipping on the response to this Request for Proposal. Offerors are advised to include a completed copy of provision 52.212-3, Offer Representations and Certifications - Commercial Items and provision 252.209-7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under and Federal Law, with their offer. Evaluation will be based on Trade-Off Procedures. In accordance with the FAR Subpart 13.106-1(a)(2) offerors are notified that the award will be made to the offer that provides the best value to the Government after consideration of technical, price, and delivery aspects of the offer. PERIOD OF PERFORMANCE: 1 October 2015 through 30 September 2016 for the base period and three (3) one-year options from 1 October 2016 through 30 September 2019. CLIN STRUCTURE: See Attachment 2 - Bid Schedule Questions and requests for clarifications regarding this Request for Proposal are due no later than 3:00 PM CST on 2 June 2015. Responses to questions and requests for clarifications will be posted as an amendment to this solicitation no later than 3:00 PM CST on 4 June 2015. Responses to the Request for Proposal must be received no later than 3:00 PM CST on 19 June 2015. Respondents shall include a Point of Contact (POC) in include name, position, telephone number, and email address. Please forward any questions and responses to Anquanette Figueroa at 850-882-9120 or anquanette.figueroa@us.af.mil. Email is preferred. Faxes are not accepted. Mailing Address is: AFTC/PZIOC (OL-EGLIN) 308 West D Ave., Bldg. 260, Ste. 130 Eglin AFB, FL 32542-5418 Each person requesting a base pass must provide a completed Attachment 3 - Request for Base Access Memo and Attachment 4 - Affidavit to this office (AFTC/PZIOC) no later than 4 business days prior to the date that base access is needed. Criminal background checks will be conducted from the information given on the Affidavit. The Request for Base Access Memo and Affidavit are Attachments 3 and 4 of this Request for Quotation. Completed documents shall be sent to anquanette.figueroa@us.af.mil or cynthia.smith.19@us.af.mil, for request of base passes. When reporting to the Ease Gate (Valparaiso) Visitor's Center, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate and social security card to obtain a vehicle pass. Wage Determination 2005-3033, Revision 15, dated 30 December 2014 will be incorporated in the contract. All contractors must be registered in the System for Award Management (SAM) at https://www.sam.gov in order to be eligible for contract award. Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items. a. PROPOSAL PREPARATION INSTRUCTIONS 1. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet the Request for Proposal (RFP) requirements, including terms and conditions, representations and certifications, and requirements as defined in the Performance Work Statement. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the RFP terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Volume I - Price Proposal, Volume II - Past Performance Information, and Volume III - Past Performance References and accompanying completed Past Performance Questionnaires. For all volumes you must submit an original and two (2) hard paper copies and also place all volumes on a Compact Disc (CD). Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government intends to make an award based on the initial offers received, without discussion of such offers. In proposal volumes, follow the quantity and page limits as follows: Volume Copies Page Limits Volume I - Price Proposal Original + (2) copies No page limit Volume II - Past Performance Information Original + (2) copies 10 pages Volume III - Past Performance References Original + (2) copies No page limit (Attachment 5) Completed Past Performance Original + (2) copies No page limit Questionnaires (Attachment 6) NOTE 1. Provide the form at Attachment 5 of not more than five (5) references of the most relevant contracts performed for federal agencies and commercial customers within the last three (3) years as part of Volume III. If the Offeror is a Joint Venture, in addition to the five (5) references for the prime, the Offeror may provide up to five (5) additional references for the Joint Venture. In addition, the Offeror is responsible for providing the Government the completed Attachment 6 questionnaires provided back to the Offeror by their references as part of Volume III. NOTE 2. Joint venture - Concerns submitting offers on a particular acquisition as joint ventures are considered as affiliated and controlling or having the power to control each other with regard to performance of the contract. i.e. Joint profit, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally. Joint Ventures are characterized as two or more business entities that have been merged to create one business entity with equal responsibility during the course of the contract. Will have a single Cage Code identified by SBA-joining the two companies. 2. Proposal Organization: The paper files will be checked to determine the number of pages and compliance with proposal instructions. Those pages in excess of the limit of Volume II will be removed from the back and returned by the PCO to ensure they are not evaluated. The Government will not keep any pages in excess of the limit. If Evaluation Notices (EN's) are required, page limits may be placed on any responses. Any page limits for responses to ENs will be identified in the letter forwarding the ENs to you. Excess pages submitted in response to EN's will be removed in the same manner as above by the PCO. 3. Format for all proposal Volumes shall be as follows: a. Proposals shall be neat, indexed (cross-indexed as appropriate) and assembled in an orderly manner. b. Page Set-Up/Font Size/Lines on Page: Only 8 ½ x 11 inch, portrait format pages are acceptable for text-oriented material. Landscape (8 ½ x 11 inch) pages are permitted for charts or graphs. Foldout pages are limited to 11 x 17 inch and may be portrait or landscape (limit 5). Text shall be written in full text. Text font shall be Times New Roman (No "narrow" font versions acceptable). Font size shall be 12 point with proportional spacing permitted. Type size for figures and tables must be no smaller than 8-point with proportional spacing permitted. Text may be wrapped around figures and tables. Margins on all four (4) edges of each page shall be at least 1 inch. Include: RFP number, Volume and/or subdirectory title and page number in the margin on the upper right of all pages. Single spacing may be used for figures and tables. Company name and proprietary information notices shall be placed on top and/or bottom margins. Use single column formatting only; multi-column formatting is not allowed. Graphics are allowed in either color or black and white with an 8-point minimum on embedded text except where data is only being used as a sample and readability is not intended. Proposals shall not be supplemented by a package or supplemented by reference documents. Elaborate formats, bindings or color presentations are not desired or required. c. Page Definition: A page is defined as one face of a sheet of paper containing information. d Page Numbering: Pages in each volume must be numbered sequentially and consecutively. The cover page, table of contents, list(s) of tables and drawings, and blank pages are excluded from the page count. e. Text and graphics portions of the electronic copies shall be in a format readable by Microsoft (MS) Word 2003 or higher or Adobe PDF. Data submitted in spreadsheet format shall be readable by MS Excel 2003 or higher. In case of conflict between the paper copy and the electronic copy of the proposals submitted, the paper copy shall take precedence. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government intends to make an award based on the initial offers received, without discussion of such offers. f. It is preferred that the volumes are not submitted in hard cover binders or spiral bound. 4. Specific Instructions for Volume I - PRICE PROPOSAL a. Insert proposed prices on the bid schedule (Attachment 2) for the base period, option periods one (1), two (2), three (3), and a price for an optional six (6) month extension with a combined total price of the base period, three (3) option periods, and optional six (6) month extension. A breakout of the real property locations for the Vertical Transport Equipment (VTE) can be found in Appendix B of the attached Performance Work Statement (PWS) (Attachment 1). b. The Procuring Contracting Officer (PCO) has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the PCO determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the PCO to determine the reasonableness and affordability of the Price. In accordance with FAR 15.403-1(b) and 15.403-3(a), data other than cost or pricing data may be required to support price reasonableness. Data shall be provided in accordance with FAR 15.403-5. If, after receipt of proposals, the PCO determines that there is insufficient information available to determine price reasonableness and none of the exceptions in FAR 15.403-1 apply, the Offeror shall be required to submit certified cost or pricing data. 5. Specific Instructions for Volume II - PAST PERFORMANCE INFORMATION Only information for recent contracts that meet the definitions of Somewhat Relevant, Relevant or Very Relevant in Table 1 below are desired. Provide any information available (i.e. descriptive language, letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed projects for same or similar type contracts completed within the last three years as well as current projects nearing completion. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as missed refuse pickups. Provide comments regarding any known performance deemed unacceptable to the customer or not in accordance with the contract terms and conditions. If applicable, provide a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their Past Performance information to the prime Offeror. For the purpose of this RFP, the following definitions apply: a. Recent contracts are ongoing contracts with a performance history and contracts completed within three (3) years from the issue date of this RFP. b. Relevancy definitions are provided in Table 1.0 below: Table 1.0 Past Performance Relevancy Definitions Very Relevant Present/Past Performance effort involved essentially the same scope and magnitude (efforts with Total Contract Value greater than or equal to $1M) of effort and complexities this solicitation requires. Relevant Present/Past Performance effort involved similar scope and magnitude (efforts with Total Contract Value greater than $500K and less than $1M) of effort and complexities this solicitation requires. Somewhat Relevant Present/Past Performance effort involved some of the scope and magnitude (efforts with Total Contract Value greater than $250K and less than $500K) of effort and complexities this solicitation requires. Not Relevant Present/Past Performance effort involved little or none of the scope and magnitude (efforts with Total Contract Value less than $250K) of effort and complexities this solicitation requires. 6. Specific Instructions for Volume III - PAST PERFORMANCE REFERENCES a. Only references for same or similar type contracts are desired. b. The Government will evaluate the quality and extent of Offeror's performance deemed recent and relevant to the requirements of this RFP. The Government will use information submitted by the Offeror on the Attachment 5 and Attachment 6 forms, the Past Performance Proposal, and other sources such as other Federal Government offices and commercial sources, to assess performance. The Government may also use other information available that is determined relevant to this effort, such as, but not limited to, the Contractor Performance Assessment Reporting System (CPARS). c. Joint Venture: If the Offeror intends to fulfill the requirements of this RFP in a teaming arrangement or joint venture, the Offeror must provide complete information as to the arrangement, including a list of any relevant and recent past/present performance information on previous joint ventures with the same joint venture partner (NOTE: Arrangement is not counted as part of the page count). If this is a first-time joint effort, each party to the arrangement must provide a list of past and present contracts. 7. Additional Instructions a. Deviations. Deviations from these instructions will be reviewed by the Contracting Officer to ensure that no Offeror receives a competitive advantage. Deviations resulting in a competitive advantage for an Offeror will result in the proposal being determined noncompliant with the RFP requirements. Offerors unconditionally assume the risk that a clear quantitative deviation will be deemed qualitatively advantageous to the Offeror and determined noncompliant with the RFP. b. Disposition of Unsuccessful Proposals. The Government will retain one copy of all unsuccessful proposals. Unless the Offeror requires otherwise, the Government will destroy extra copies of unsuccessful proposals. c. Proposal Delivery. Anticipate a three (3) to five (5) day lead time for Security Forces to process the documents and conduct the required background check. To get base access in time to submit proposal by due date of 1 June 2015 base access forms MUST be submitted no later than 12:00 PM CST on 25 May 2015. For base access see para 7d. Offerors are advised that delays can be experienced entering the installation when proposals are hand carried to the base. See below instructions for specific requirements to access the installation. In addition to the specific instructions below; vehicle registration, proof of insurance and proper identification are required to enter the installation. Proposals must be either hand delivered or mailed to arrive at the following address by the required dates: AFTC/PZIOC ATTN: ANQUANETTE FIGUEROA 308 WEST D AVENUE, BUILDING 260, SUITE 130 EGLIN AFB FL 32542 Hand carried proposals must be submitted to Building 260, Room 130, Eglin AFB, FL. Please call the Contract Specialist or Contracting Officer to notify once your delivery is made. All Offerors' proposals must then be date/time stamped listed on the proposal envelope/package by the Contract Specialist or Contracting Officer. Outside the front door of the Contracting Office, Suite 130 is a table that contains all of the telephone numbers of personnel in Operational Contracting. The envelope used in submitting your proposal must be plainly marked with the RFP number, and the date and local time set for proposal closing. NOTE) It is imperative that an Offeror intending to deliver their proposal by commercial carrier, e.g. Federal Express, DHL, UPS, etc., insure that the outer envelope of the commercial carrier's package identifies the contents as a proposal. This outer package must clearly show the RFP number and the date and local time set for proposal closing. d. BASE ACCESS FOR SITE VISIT AND PROPOSAL SUBMISSION: If requesting base access, the Offeror must submit a completed Eglin AFB Form 90 (Attachment 4) and a written request, i.e. Memorandum (Template-Attachment 3) on company letterhead to the Contract Specialist (anquanette.figueroa@us.af.mil) and the Contracting Officer (cynthia.smith.19@us.af.mil) listing the following: the RFP number FA2823-15-R-6009, date of entrance, complete name and SSN/Date of Birth /Driver's License #/State of employee needing access to the base. Please note that anybody modifications or tattoos must be described on the affidavit, along with the location of the body modification or tattoo. The written request must specify the individual authorized to sign for a request for base identification credentials or temporary pass. The Contracting Officer or Contract Specialist will endorse the pass request memorandum and then send it with the affidavit to Security Forces for processing. To gain base access in time for the site visit the Offeror must submit base access forms no later than 12:00 PM Central Standard Time (CST) to this office (AFTC/PZIOC) no later than seven (7) business days prior to the date base access is needed for Security Forces to process the documents and conduct the required background checks. Criminal background checks will be conducted from the information given on the Affidavit. Access on both forms should only be for Eglin AFB North Gate on 27 May 2015 from 8:00 AM to 4:00 PM. Please do not alter the location or the date/time on the Memorandum Template (Attachment D) for base access in order to attend the site visit; access will be limited to the aforementioned times only. *Please make sure that the above location and date/time are on the affidavit(s) submitted. When reporting to the visitor's center to pick up the pass, the authorized individual(s) should provide a valid photo ID in order to obtain the temporary pass. Offerors are notified that they should not expect to get on base with a retired military or dependent ID card; Security Forces does not allow the use of these cards when contractors are doing business on the base. e. Site Visit: The site visit will be held on Wednesday, 27 May 2015 at 8:00 AM. Offerors will go to the Eglin AFB East Gate Visitor's Center (Valparaiso) at least a half hour before to pick up base access passes. Offerors will meet at the Eglin North Gate at 7:30 AM CST. Offerors will pick up passes at the East Gate Visitor's Center (Valparaiso) and drive through the base to get to the North Gate, see Attachment E for driving directions. f. Electronic Reference Documents. All referenced documents for this RFP are available on the Federal Business Opportunities (FedBizOpps) website at http://www.fedbizopps.gov. Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this RFP. g. Formal Communications: Offerors shall submit formal communications such as questions, requests for clarifications, and/or information concerning this RFP, in writing (email is considered the recommended method) to the following address NO LATER THAN TEN (10) CALENDAR DAYS PRIOR TO THE PROPOSAL DUE DATE to allow processing an amendment to the RFP with the Offeror's questions and answers. ATTN: ANQUANETTE FIGUEROA 308 WEST D AVENUE, BUILDING 260, SUITE 130 EGLIN AFB FL 32542 Email: anquanette.figueroa@us.af.mil 8. RELATIONSHIP BETWEEN FAR 52.212-1 - INSTRUCTIONS / ADDENDUM AND EVALUATION - COMMERCIAL ITEMS Your attention is directed to the functional relationship between FAR 52.212-1 Instructions to Offeror - Commercial Items and its Addendum above and Evaluation - Commercial Items below of this RFP. FAR 52.212-1 Instructions to Offeror - Commercial Items and its Addendum provides information for the purpose of organizing the proposal and is not intended to be all-inclusive. Evaluation - Commercial Items describes evaluation factors for award, to include the evaluation procedures for responsiveness to the RFP, ranking of the Price proposal, and the assessment of Past Performance information. PROPOSALS THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY FAR 52.212-1 INSTRUCTIONS TO OFFEROR - COMMERCIAL ITEMS AND ITS ADDENDUM MAY BE REJECTED. Since there is a functional relationship between FAR 52.212-1 Instructions to Offeror - Commercial Items and its Addendum and Evaluation - Commercial Items the proposals must address all areas identified for both sections. EVALUATION - COMMERCIAL ITEMS a. BASIS FOR CONTRACT AWARD: 1. This is a competitive best value acquisition utilizing the tradeoff process in accordance with FAR 15.3, Contracting by Negotiation, as supplemented by DoD Source Selection Procedures, AFFARS 5315.3, MP5315.3, and the evaluation process and criteria set forth in this Request for Proposal (RFP). This procurement will be conducted as a 100% total small business set-aside. The Government will award a contract resulting from the RFP to the acceptable, responsible Offeror whose proposal, conforming to this RFP, offers the best-value to the Government. The evaluation factors are: Factor 1: Price and Factor 2: Past Performance. Past Performance is approximately equal to Price. Evaluation criteria are the same for all competing offerors. 2. Offerors shall assure that proposals are submitted in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors - Commercial Items and its Addendum of this RFP. By submission of its offer, the offeror accedes to all RFP requirements, including terms and conditions, representations and certifications, exhibits, attachments, drawings, and specifications. 3. Offerors shall propose prices for all CLINs. Any offer that fails to cite a price for each item, or fails to make an entry, may be rejected as nonconforming to this RFP. 4. Offerors must clearly identify any exception to the RFP terms and conditions and provide complete accompanying rationale. Failure to meet a requirement risks rejection. 5. Only Firm-Fixed-Price (FFP) offers will be evaluated for FFP Contract Line Item Numbers (CLINs). An offer using a sliding price scale, or subject to escalation based on any contingency for FFP designated CLINs, will not be accepted. Only one contract will be awarded for this requirement. b. EVALUATION PROCESS: 1. Price Evaluation: Initially, offers will be ranked according to their Total Evaluated Prices (TEPs). The Offeror's proposed CLIN prices will be determined by multiplying the "Unit Price" by the Government provided "Quantity" identified to determine the "Amount" for each CLIN. As part of the Price evaluation, all CLIN "Amounts" will be added together (summed) to establish an Offeror's overall TEP for the acquisition. Price will be evaluated for reasonableness based on prices submitted from competitive proposals, current market conditions, and comparison to the Government estimate. The Offeror's Price proposal will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is reasonable. Once the Contracting Officer has determined that adequate price competition exists within this source selection price fair and reasonableness will be evaluated, at a minimum, based on the comparison of the offeror's overall TEP with all other competitive offerors' overall TEPs received in response to the solicitation. After the proposals are ranked by Price, the Past Performance evaluation will proceed as defined in Section B. 2. Past Performance Evaluation: Using the information provided in Volume II, Past Performance Proposal and Volume III, Past Performance References (Attachment 5) and completed Past Performance Questionnaires (Attachment 6) and other available information, the Contracting Officer will evaluate past performance information based on (1) the past and present efforts provided by the offeror and (2) data independently obtained from other Government, commercial and other sources. For each effort provided by the offeror, the Contracting Officer will evaluate whether the effort is recent, as that term recent is defined in paragraph (a)(5) above. If an effort is determined to be recent, then the Contracting Officer will assign the effort one of the four relevancy ratings in Table 1.0 in paragraph (a)(5) above. After evaluating each effort for recency and relevancy, the Contracting Officer will assign the offeror one of the following Performance Confidence Assessment Ratings: Table 2.0 - Performance Confidence Assessments Performance Confidence Assessment Ratings Substantial Confidence Based on the Offeror's recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. Satisfactory Confidence Based on the Offeror's recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. Limited Confidence Based on the Offeror's recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. No Confidence Based on the Offeror's recent/relevant performance record, the Government has no expectation that the Offeror will successfully perform the required effort. Unknown Confidence (Neutral) No recent/relevant performance record is available or the Offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. c. The Government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a Substantial Confidence performance confidence assessment. The purpose of the Past Performance evaluation is to allow the Government to assess the offeror's ability to perform the effort described in this RFP, based on the offeror's demonstrated present and Past Performance. The Government will conduct a performance confidence assessment based upon Past Performance of the offerors as it relates to the probability of successfully performing the solicitation requirements. This evaluation will include the offeror's record of (i) conforming to the Performance Work Statement, (ii) management of the project, (iii) reasonable and cooperative behavior and performance and commitment to customer satisfaction, and (iv) quality control. This assessment represents the Government evaluation team's judgment of the probability of an offeror successfully accomplishing the proposed effort, based upon the offeror's demonstrated present and Past Performance. The rating may be determined initially or as a result of discussions. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence, as defined in Table 1.0. d. Offerors submitting Past Performance information regarding predecessor companies, key personnel, or subcontractors, are highly encouraged to provide sufficient details regarding them to allow the Government to fully evaluate the relative value of the information. For example, but not limited to, how is the Past Performance of a predecessor company, key personnel, or subcontractor recent and relevant to the determination of this offeror's ability to perform this contract. What will the level of involvement of key personnel be on this contract effort? Provide full details of any subcontractor's involvement on this work effort. The offeror shall provide past performance from subcontractors that will perform major (25% or more of the total contract effort) aspects of the requirement and outline what percentage of the work this subcontractor will accomplish on this effort. e. In evaluating Past Performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP. f. Offerors with no recent and relevant past or present performance history or the offeror's performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably. Definitions for Performance Confidence Assessments and Relevancy are as defined below: c. BEST VALUE DETERMINATION: Offerors will be initially be ranked from lowest TEP to the highest TEP. Next, past performance will be evaluated and a confidence rating assigned. 1. If the proposal with the lowest TEP is determined to be reasonable and is judged to have an overall Substantial Confidence performance rating, and the offeror is determined to be responsible, that offer represents the Best Value for the Government and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other offers. 2. IF THE LOWEST TEP OFFER IS NOT JUDGED TO HAVE AN OVERALL SUBSTAINIAL CONFIDENCE PEFORMANCE RATING THE EVALUATION WILL CONTINUE AS FOLLOWS: a. If the lowest TEP offer is reasonable but does not have a confidence rating of Substantial Confidence, the next lowest TEP offer will be evaluated and the process will continue until an offeror whose Price is reasonable receives a confidence rating of Substantial Confidence overall for Past Performance. b. The Source Selection Authority shall then make an integrated assessment Best Value award decision by determining if the Best Value to the Government is to pay a higher cost for a higher Past Performance assessment rating. The Government reserves the following rights: i. To award a contract to the lowest TEP offeror who has Substantial Confidence Rating; ii. To award to higher TEP offeror who has Substantial Confidence Rating; iii. To award a contract to the lowest TEP offeror who has at least a Satisfactory Confidence Rating. 3. Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1, Instructions to Offerors - Commercial Items and its Addendum of this solicitation. Offeror's may be asked to clarify certain aspects of their proposal (for example, the relevance of Past Performance information) or respond to adverse Past Performance information to which the offeror has not previously had an opportunity to respond. Adverse Past Performance is defined as Past Performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision. 4. The Government intends to award a contract without discussions with respective offerors. The Government reserves the right to conduct discussions if the Contracting Officer determines this to be necessary. The Government may reject any or all offers, if such, is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in received offers. 5. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make an award based on initial offers received, without discussion of such offers. The offeror's initial proposal should reflect their best effort. 6. If the Procuring Contracting Officer (PCO) determines that discussions are necessary, offerors may be required to participate in telephone discussions or in face-to-face oral discussions at the Operational Contracting Division, 308 West D Avenue, Suite 130, Bldg. 260, Eglin AFB FL. The following provisions and clauses are incorporated by reference and in effect through Federal Acquisition Circular 2005-80 (2 Mar 15) and DFARS Publication Notice 20150326. They may be accessed via the internet at http://farsite.hill.af.mil. The following provisions and clauses are applicable: FAR 52.202-1, Definitions (C); FAR 52.203-3, Gratuities (C); FAR 52.203-5, Covenant Against Contingent Fees (C); FAR 52.203-7, Anti-kickback Procedures (C); FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (C); FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (C); FAR 52.204-4, Printed or Copied Double-Sided on Recycled Paper FAR 52.204-7, System for Award Management (P); FAR 52.204-9, Personal Identity Verification of Contractor Personnel (C); FAR 52.212-1 -- Instructions to Offerors -- Commercial Items. FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (C); FAR 52.215-1 -- Instructions to Offerors -- Competitive Acquisition. FAR 52.217-5, Evaluation of Options FAR 52.217-8, Option to Extend Services FAR 52.217-9, Option to Extend the Term of the Contract FAR 52.219-1, Small Business Program Representations (C); FAR 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information. FAR 52.223-6 Drug-Free Workplace MAY 2001 FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications; FAR 52.227-1 Authorization and Consent; FAR 52.228-5 Insurance - Work On A Government Installation FAR 52.228-11 Pledges Of Assets FAR 52.229-3 Federal, State And Local Taxes FAR 52.232-17 Interest FAR 52.232-23 Assignment Of Claims FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.233-1 Alt I Disputes (May 2014) - Alternate I FAR 52.237-1 Site Visit FAR 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation FAR 52.242-13 Bankruptcy FAR 52.242-15 Stop-Work Order FAR 52.242-17 Government Delay of Work FAR 52.243-1 Changes--Fixed Price FAR 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I FAR 52.244-6 Subcontracts for Commercial Items FAR 52.246-2 Inspection of Supplies--Fixed Price FAR 52.246-4 Inspection of Services--Fixed Price FAR 52.247-34, F.O.B. Destination; FAR 52.249-2 Termination For Convenience Of The Government (Fixed-Price) FAR 52.249-4 Termination For Convenience Of The Government (Service) FAR 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 FAR 52.253-1 Computer Generated Forms FAR 52.252-6, Authorized Deviations in Clauses (C); DFARS 252.201-7000, Contracting Officer's Representative; DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (C); DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (C); DFARS 252.203-7002, Requirements to Inform Employees of Whistleblower Rights (C); DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (P); DFARS 252.204-7003, Control of Government Personnel Work Product (C); DFARS 252.204-7004, Alt A, System for Award Management (P); DFARS 252.204-7006, Billing Instructions, in Solicitations and Contracts (C); DFARS 252.204-7011, Alternative Line Item Structure (C); DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (C); DFARS 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country; DFARS 252.223-7004, Drug-Free Work Force DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. DFARS 252.225-7001, Buy American and Balance of Payments Program (C); DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns DFARS 252.227-7000, Non-Estoppel (C); DFARS 252.232-7003, Electronic Submission of Payment Requests (C); DFARS 252.232-7007, Limitation of Government's Obligation DFARS 252.243-7002, Requests for Equitable Adjustment DFARS 252.232-7010, Levies on Contract Payments (C); DFARS 252.243-7001, Pricing of Contract Modifications (C); DFARS 252.247-7023, Transportation of Supplies by Sea (C); AFFARS 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (C); CLAUSES INCORPORATED BY FULL TEXT 52.209-7 Information Regarding Responsibility Matters (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Combined (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. (Contracting Officer: Insert inspection and acceptance locations or "Not applicable".) (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* -------------------------------------------------------------------------------------------- Field Name in WAWF Data to be entered in WAWF -------------------------------------------------------------------------------------------- Pay Official DoDAAC F03000 Issue By DoDAAC FA2823 Admin DoDAAC FA2823 Inspect By DoDAAC FA2823 Ship To Code F1T2AF Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ -------------------------------------------------------------------------------------------- (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. cynthia.smith.19@us.af.mil (Contracting Officer: Insert applicable email addresses or "Not applicable.") (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. anquanette.figueroa@us.af.mil (Contracting Officer: Insert applicable information or "Not applicable.") (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address: https://farsite.hill.af.mil (End of Provision) (P). FAR 52.252-2, Clauses Incorporated by Reference, which reads as follows: This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://farsite.hill.af.mil. 5352.201-9101 OMBUDSMAN (NOV 2012) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Col Evan C. Dertien, AFTC/CV, 1 South Rosamond Blvd, Edwards AFB, CA 93524-3784, phone number (661) 277-2810, facsimile number (661) 277-7593. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MARCH 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site 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 (p) 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. "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. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_]is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is 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 Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other 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." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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 Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] 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 Federal, state or local government 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; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) 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. (B) 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. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. 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 appear rights. (B) 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. §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. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §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. (D) 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). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) 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. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] X (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) of 52.219-9. X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997) (a) In performing work under this contract on a Government installation, the contractor shall: (1) Comply with the specific health and safety requirements established by this contract; (2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract; (3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes. (c) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (d) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, names and SSN/Date of Birth /Drivers License #/State of employees and subcontractor employees needing access to the base. The letter is required regardless of the length of visit and will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The Contracting Officer or Contracting Specialist will endorse request and then send it to Security Forces via email for processing into the Security Forces database. Contractors requiring base access for work, meetings or site visits must complete the Eglin CAB (Contractor Access Badge) Affidavit. These documents can be hand delivered to the Eglin AFB East Gate Visitor Control Center in a sealed envelope with a point of contact (POC) and phone number on the front of the envelope. Affidavits that are emailed must contain only one (1) affidavit attached per email. When submitting multiple AFFIDAVITS each AFFIDAVIT has to be a separate file attachment to the email. Do not exceed the email file size of 10 MB or the email may not be received. The email subject line and document must read "FOUO LAST NAME, FIRST NAME". (Name is of the person identified in the Affidavit). Email to Security Forces at: 96sfs.s5b.passandreg@us.af.mil Or you may also send the affidavit via U.S. Postal Service or FedEx to: 96 Security Forces Squadron ATTN: 96 SFS/S5B Pass and Registration 302 West D Ave, Bldg 272 Eglin AFB FL 32542 Anticipate a three-day lead time for Security Forces to process the documents and conduct the required background check. Once the background check is complete, a copy will be returned to the POC listed on the envelope. The prime contractor can provide paperwork for their subcontractor(s) and submit as many documents per envelope as necessary. (c) When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate and social security card to obtain a vehicle pass. All deliveries to contractor work sites on Eglin AFB main base must go through the North Gate, located off SR-85 South. Trucks trying to enter the East, West or the Northwest (old ACC) gate will be turned around and told to use the North Gate. Contractors' work trucks carrying equipment and tools are also required to use the North Gate. (d) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. A new access badge will not be issued when the old/expired badge is not returned to Security Forces. Any lost badges have to be explained in writing using a company letter head, and signed by an authorized company representative. The lost badge letter must be sent to the Contract Specialist and then signed by the Contract Specialist or Contracting Officer, and then the letter will be sent to Security Forces for their review. After Security Forces has the letter a new badge may be issued. (e) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management citing the appropriate paragraphs as applicable. (f) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (g) Failure to comply with these requirements may result in withholding of final payment. 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from, Cynthia C. Smith, Operational Contracting Division, 308 West "D" Avenue, Suite 130, Bldg. 260, Eglin AFB FL. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. ATTACHMENTS: Attachment 1: Performance Work Statement (PWS) Attachment 2: Bid Schedule Attachment 3: Request for Base Access Memo Attachment 4: Affidavit Attachment 5: Past Performance References Attachment 6: Past Performance Questionnaires
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- Place of Performance
- Address: Eglin AFB, FL, Eglin AFB, Florida, 32536, United States
- Zip Code: 32536
- Zip Code: 32536
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