Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 12, 2018 FBO #6014
SOLICITATION NOTICE

84 -- Product Demonstration Models (clothing) Based on Supplied Purchase Descriptions and Patterns - Combo Attachments

Notice Date

5/10/2018
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541490 — Other Specialized Design Services
 

Contracting Office

Department of the Army, Army Contracting Command, ACC - APG (W911QY) Natick (SPS), 10 General Green Avenue, Building 1, Natick, Massachusetts, 01760-5011, United States
 

ZIP Code

01760-5011
 

Solicitation Number

W911QY18R0041
 

Archive Date

6/13/2018
 

Point of Contact

Alexander M. Ponusky, Phone: 508-233-6125, Colleen M. Bertone, Phone: 5082336150
 

E-Mail Address

alexander.m.ponusky.civ@mail.mil, colleen.m.bertone.civ@mail.mil
(alexander.m.ponusky.civ@mail.mil, colleen.m.bertone.civ@mail.mil)
 

Small Business Set-Aside

N/A
 

Description

Purchase Descriptions - Zip File Pricing Schedule CDRL 2 - Product Demonstration Models CDRL 1 - Manufacturability Reports Statement of Work COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, in conjunction with procedures at FAR Subpart 13.5, and as supplemented with 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 written solicitation is issued in accordance with the FAR Subpart 12.603(b) - Streamlined Solicitation for Commercial items. A Standard form 1449 (Solicitation/Contract/Order for Commercial Items) will not be used for issuing this solicitation, however the Government anticipates awarding one Firm Fixed Price (FFP) Contract from this solicitation using the SF1449. (ii) The solicitation is being issued as a Request for Proposal (RFP); solicitation number is W911QY-18-R-0041. The solicitation including any attachments may be downloaded from FedBizOps (FBO) at website https://www.fbo.gov. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2001-27. (iv) This requirement is a full and open procurement that will follow the Lowest Price Technically Acceptable (LPTA) Source Selection Process. The North American Industry Classification System (NAICS) code for this effort is 541490 - Other Specialized Design Services, with a corresponding small business size standard of $7.5M in average annual receipts. Annual receipts is the "total income" (or "gross income") plus the "cost of goods sold." These numbers can normally be found on the business' IRS tax return forms. Receipts are averaged over a business' latest three complete fiscal years to determine the average annual receipts. If a business hasn't been in business for three years, multiply its average weekly revenue by 52 to determine its average annual receipts. (v) A description of requirements for the items to be acquired follow. The Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Natick Contracting Division (NCD), Natick, MA, in support of the U.S. Army Natick Soldier Research, Development & Engineering Center (NSRDEC), is seeking a source capable of providing services for the manufacturing of Product Demonstration Models (PDMs) of work, distinctive, and dress uniforms as outlined in the attached Statement of Work (SOW) (Attachment 1) and the Contract Data Requirements Lists (CDRLs) (Attachments 2 & 3) as they relate to the manufacturing of PDMs identified in the Purchase Description (PD) documents (Attachment 5). The period of performance is as listed in SOW paragraph 4.0 Table II - Delivery Phases by Uniform Group, and defined to be within 30-, 60-, or 90-days of contract award for Work, Dress, and Distinctive Uniform Groups, respectively. Attachments to this Combined Synopsis/Solicitation include: 1. Statement of Work (SOW); 2. Manufacturability Reports - DD Form 1423-1, CDRL Data Item Number B001; 3. Product Demonstration Models - DD Form 1423-1, CDRL Data Item Number A001; 4. Pricing Schedule; and 5. Zip File with Purchase Description Documents. The Government is seeking manufacturers having key qualifications with fundamental understanding of how to construct the garments listed within each uniform group simulating those specified in the PDs. Manufacturers must have the ability to use electronically furnished patterns which will be provided in Gerber CAD format. To be qualified, the manufacturer shall have appropriate facilities, equipment, and technical personnel. (vi) A list of line item number(s) and items, quantities, and units of measure, (including optional non-conforming deliverables) follow. The Contract Line Item Numbers (CLINs) are listed in the Pricing Schedule (Attachment 4), and summarized to be: ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT OF AMOUNT MEASURE CLIN 0001 Base Effort 1 JOB $ ________ Contract Type: FFP Delivery Date: ASREQ Inspection: DESTINATION Acceptance: DESTINATION FOB: DESTINATION Descriptive Data: The Contractor shall provide Manufacturing of Product Demonstration Models (Attachment 3) and Manufacturability Reports (Attachment 2) based on the supplied purchase descriptions and patterns (Attachment 5), and as outlined in the Statement of Work (SOW) at Attachment 1. CLIN 0002 Optional Non-conforming Deliverables See Pricing Schedule, Attachment 5 Contract Type: FFP Delivery Date: ASREQ Inspection: DESTINATION Acceptance: DESTINATION FOB: DESTINATION Descriptive Data: The Contract shall provide Non-conforming Deliverables Pricing Schedule (Attachment 4) for Purchase Descriptions (Attachment 5). CLIN 0003 Data - Not Separately Priced (NSP) 1 LOT NSP Contract Type: FFP Inspection: DESTINATION Acceptance: DESTINATION FOB: DESTINATION Descriptive Data: This CLIN is established for the purpose of delivering data as required by the DD Form 1423-1 CDRL. This CLIN is used in conjunction with the data required to be delivered in support of CLIN 0001 in accordance with Exhibit B001 (Attachment 2). This CLIN is Not Separately Priced (NSP). CLIN 0004 Data - Not Separately Priced (NSP) 1 LOT NSP Contract Type: FFP Inspection: DESTINATION Acceptance: DESTINATION FOB: DESTINATION Descriptive Data: This CLIN is established for the purpose of delivering data as required by the DD Form 1423-1 CDRL. This CLIN is used in conjunction with the data required to be delivered in support of CLIN 0001 in accordance with Exhibit A001 (Attachment 3). This CLIN is Not Separately Priced (NSP). (vii) Date(s) and place(s) of delivery and acceptance and FOB points follow. The Supplies/Services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government The Delivery Information is as follows: CLIN ESTIMATED QUANTITY SHIP TO ADDRESS DODAAC DELIVERY DATE 0001 See SOW Table II 1 NSRDEC W56YHK LAURRA WINTERS GENERAL GREENE AVENUE NATICK, MA 01760-5002 (508) 233-6357 FOB: DESTINATION 0002 Optional Non-confirming AS REQ (SAME AS PREVIOUS LOCATION) W56YHK Deliverables 0003 In Conjunction with AS REQ (SAME AS PREVIOUS LOCATION) W56YHK CLIN 0001 0004 In Conjunction with AS REQ (SAME AS PREVIOUS LOCATION) W56YHK CLIN 0001 (viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. The following ADDENDUM TO 52.212-1 is hereby included: 1. Questions, if any, are due within two business days after receipt of this solicitation, and must be submitted electronically via email to Alexander Ponusky at alexander.m.ponusky.civ@mail.mil and Colleen Bertone at colleen.m.bertone.civ@mail.mil. The Government will provide answers to a consolidated listed of unattributed questions within two business days or as soon as possible via amendment through the Government-wide Point of Entry (GPE) at www.fedbizopps.gov. 2. Proposals in response to this solicitation shall be valid for 60 calendar days. Please annotate the last day the proposal will be valid. Firms will not be reimbursed for proposal preparation costs. Proposals should be prepared simply and provide concise description of capabilities to satisfactorily perform all requirements. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 3. Proposals in response to this combined Synopsis/Solicitation shall be submitted electronically to Alex Ponusky via email to alexander.m.ponusky.civ@mail.mil and Colleen Bertone at colleen.m.bertone.civ@mail.mil. All proposals shall be submitted by 2:00pm Eastern Time (Natick local time) on Tuesday, 29 May 2018. Ensure that the e-mail is clearly marked to indicate its contents, the solicitation number, and the identity of the firm submitting. Proposals may be submitted in Word or PDF format only. Do not include links to websites in lieu of incorporating information into your proposal. It is the Offeror's responsibility to confirm that their proposal submission has been received. 4. Any Offeror that submits a proposal in response to this solicitation must be registered in the System for Award Management (SAM) IAW FAR Clauses 52.204-7, 52.232-33 and Defense FAR Supplement (DFARS) Clause 252.204-7004 Alt A prior to contract award. Interested parties must be registered in SAM under the NAICS 541490. Representations and certifications must be part of the SAM record. Registration information can be found at www.sam.gov or https://www.acquisition.gov. 5. Incorporation of Proposal: It should be noted that portions of the Offeror's Section I Technical Proposal, as negotiated and accepted by the Government, may be incorporated by reference into the resultant contract. Some or all of the information furnished by the Offeror may be subject to disclosure under the Freedom of Information Act (FOIA). For this reason, the Offeror shall identify information contained in the proposal which the Offeror believes is proprietary. Notwithstanding any rights the Government will receive under the contract to the data being protected under the solicitation, any request for information received under the Freedom of Information Act (5 U.S.C 552) for the resulting contract, including any portion of the proposal that was incorporated into the contract, will be reviewed in accordance with the FOIA statute. The Government will contact the Contractor to identify what information, if any, contained in the contract should be withheld from release to the public. The Contractor will then have to demonstrate that the information is (1) a trade secret or (2) confidential, commercial information. In case of the latter, the Contractor would have to demonstrate, in detail, that disclosure would (1) impair the Government's ability to obtain necessary information in the future or (2) cause substantial harm to the Contractor. Any changes in these arrangements are to be submitted to the Contracting Officer (KO) in advance for approval. In the event of any conflict or ambiguity between the Offeror's Technical Proposal and the Government's Requirements Documents, the requirements documents take precedence. 6. The Offeror shall submit a proposal consisting of four (4) sections. These sections shall be labeled, Section I - Technical Proposal (Evaluation Factor 1); Section II - Pricing Proposal (Evaluation Factor 2); Section III - Past or Current Experience (Evaluation Factor 3); and Section IV - Administrative Proposal. No Pricing Information shall be submitted in Section I. a. Section I - Technical Proposal (Evaluation Factor 1): Offerors/manufacturers shall provide information regarding their technical capability to meet the Government requirement to include key qualifications demonstrating an understanding of how to construct the garments listed within each Uniform Group simulating those specified in the PDs. Offerors shall demonstrate their ability to perform the work described in Attachments 1, 2, 3 and 5. Offerors/manufacturers must demonstrate their ability to use electronically furnished patterns which will be provided in Gerber CAD format. To be qualified, the manufacturer shall have appropriate facilities, equipment, and technical personnel. There is a ten (10) page limit for this section. b. Section II - Pricing Proposal (Evaluation Factor 2): Offerors shall complete the Pricing Schedule (Attachment 5) in its entirety. c. Section III - Past or Current Experience (Evaluation Factor 3): Offerors shall provide at least three examples that demonstrate past or current experience constructing garments within each Uniform Group simulating those specified in the PDs; and past or current experience using electronic patterns in Gerber CAD format. Offerors shall provide the contract number, name, telephone number, and points of contact including email addresses of Contracting Officers, Technical Representatives and/or Contracting Officer's Representatives that can speak to the offeror's past or current experience in this evaluation area. Offerors shall clearly describe how the effort is similar to the requirements of this solicitation. d. Section IV - Administrative Proposal: As part of this Section, the Offeror shall: • Include the offeror's name and address on the cover page of its offer, • Ensure the offer is signed by an official having the authority to bind the firm contractually, • List the offeror representatives authorized to discuss matters regarding this proposal, • List assumptions, if any (if none state none), • List exceptions to terms or conditions, if any (if none state none), • Annotate compliance with the stated inspection and acceptance terms, • Identify the proposal validity period of at least 60 days from the date specified for receipt of offers, • Annotate compliance with the delivery date and duration of the contract, • Provide all administrative information as required throughout this RFP, • Complete all required provisions and clauses, including representations and certifications, • Identify the predominant place where manufacturing will occur or where procured finished products will be taken out of inventory, • Include the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address, • Acknowledge any amendments to this RFP, • Includes its Commercial and Government Entity (CAGE) code, Data Universal Numbering System (DUNS) number, Tax Identification Number (TIN), Electronic Funds Transfer (EFT) indicator, business size (large or small), and socioeconomic category (i.e., type of small business (SB), veteran-owned small business (VOSB), service-disabled veteran-owned small business (SDVOSB), Historically Underutilized Business Zone (HUB-Zone) small business, small disadvantaged business (SDB), and women-owned small business (WOSB) concern), and • Includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. 7. FAILURE TO SUBMIT A TIMELY PROPOSAL EXACTLY IN ACCORDANCE WITH THE SUBMISSION INSTRUCTIONS MAY RESULT IN THE OFFEROR'S PROPOSAL BEING REJECTED AS UNACCEPTABLE OR NONCOMPLIANT AND THEREFORE INELIGIBLE FOR AWARD CONSIDERATION. (ix) The provision at 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. The specific evaluation criteria ADDENDUM TO 52.212-2 paragraph (a) is hereby included: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. (See FAR Subpart 9.104 for a description of the standards prospective contractors must meet to be determined "responsible".) The Government intends to evaluate offers and award a contract without discussions, therefore the initial offer should contain the best offer, however the Government reserves the right to conduct discussions if necessary. The Government also reserves the right to not award any contract in the event that no proposals are considered to be in the best interest of the Government. The following Sections/Evaluation Factors shall be used to evaluate offers: 1. Section I - Technical Proposal (Evaluation Factor 1): The Government will evaluate the extent to which the Offeror adequately described their technical capability to meet the Government requirement to include key qualifications demonstrating an understanding of how to construct the garments listed within each Uniform Group simulating those specified in the PDs. The Government will evaluate the Offeror's demonstrated ability to perform the work described in Attachments 1, 2, 3 and 5. The Government will evaluate the extent to which the Offeror adequately described their ability to use electronically furnished patterns which will be provided in Gerber CAD format. The Government will evaluate the offeror's facilities, equipment, and technical personnel; and the Offeror's adherence to the ten page limit for this section. 2. Section II - Pricing Proposal (Evaluation Factor 2): The Government will evaluate the extent to which the Offeror adequately completed the Pricing Schedule (Attachment 5). The Government will evaluate cost or price in accordance with FAR Subpart 15.305(a)(1) to ensure that prices for CLINs 0001-0002 are fair and reasonable. Price analysis will be conducted and prices will be evaluated on a comparison of proposed prices from all Offerors received in response to the solicitation or with previously proposed prices for the same or similar items. The Government will follow the pricing policy at FAR Subpart 15.402 in establishing reasonableness of the offered prices. If it is concluded that additional information is necessary to determine the reasonableness of the proposed price, the Contracting Officer may request data other than certified cost or pricing data to the extent necessary for the contracting officer to determine a fair and reasonable price. 3. Section III - Past or Current Experience Proposal (Evaluation Factor 3): The Government will evaluate the Offeror's ability to adhere to the requirement to provide at least three examples and the extent to which the Offeror demonstrated past or current experience constructing garments within each Uniform Group simulating those specified in the PDs; and past or current experience using electronic patterns in Gerber CAD format. The Government will also evaluate the completeness of the Offeror's submission of contract numbers, names, telephone numbers, and email addresses of representatives (i.e., Contracting Officers, Technical Representatives and/or Contracting Officer's Representatives) that can speak to the offeror's past or current experience in this evaluation area. Offeror's submissions will also be evaluated to determine if the effort is similar to the requirements of this solicitation. 4. Section IV - Administrative Proposal - The Government will also evaluate the administrative information submitted to verify the offer: • Includes the offeror's name and address on the cover page of its offer, • Is signed by an official having the authority to bind the firm contractually, • Lists the offeror representatives authorized to discuss matters regarding this proposal, • Lists assumptions, if any (if none state none), • Lists exceptions to terms or conditions, if any (if none state none), • Annotates compliance with the stated inspection and acceptance terms, • Identifies the proposal validity period of at least 60 days from the date specified for receipt of offers, • Annotates compliance with the delivery date and duration of the contract, • Provides all administrative information as required throughout this RFP, • Completes all required provisions and clauses, including representations and certifications, • Identifies the predominant place where manufacturing will occur or where procured finished products will be taken out of inventory, • Includes the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address, • Acknowledges any amendments to this RFP, • Includes its CAGE code, DUNS number, TIN, EFT indicator, business size (large or small), and socioeconomic category (i.e., type of small business, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns), and • Includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. It should be noted that offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. The Government will evaluate all submitted responses in accordance with the submission and evaluation criteria described herein using the following Technical and Past Performance Rating Methods: Technical Acceptable/Unacceptable Rating Method Acceptable: Proposal meets the requirements of the solicitation. Unacceptable: Proposal does not meet the requirements of the solicitation. Past Performance Acceptable/Unacceptable Rating Method Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable: Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. In the context of acceptability/unacceptability, a neutral rating for past performance shall be considered "acceptable". NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable." (x) The provision at 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (NOV 2017) ALT 1 (OCT 2014), applies to this acquisition. Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, Alt I with its offer. This single, consolidated list of representations and certifications for the acquisition of commercial items is attached to this solicitation for offerors to complete and submit with its offer. (xi) The clause at 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017), applies to this acquisition. (xii) The clause at 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017), applies to this acquisition. (xiii) The following Solicitation Provisions or FAR Clauses are determined by the contracting officer to be necessary for this acquisition: 52.203-3 Gratuities 52.203-6 (Alt I) Restrictions on Subcontractor Sales to the Government 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-4, Printed or Copied Double-Sided on Recycled Paper 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-22 Alternative Line Item Proposal 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.219-8 Utilization of Small Business Concerns 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor-Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-25 Affirmative Action Compliance 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Affirmative Action For Workers With Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons 52.223-5, Pollution Prevention and Right-to-Know Information 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Buy American-Supplies 52.225-13 Restrictions on Certain Foreign Purchases 52.229-3, Federal, State, and Local Taxes 52.232-17, Interest 52.232-23 Assignment of Claims 52.232-33 Payment by Electronic Funds Transfer--System for Award Management 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.242-13, Bankruptcy 52.243-1 (Alt II) Changes -- Fixed-Price 52.246-2, Inspection of Supplies -- Fixed-Price 52.246-4, Inspection of Services -- Fixed-Price 52.247-34 F.O.B. Destination 52.249-2, Termination for Convenience of the Government (Fixed-Price) 52.253-1 Computer Generated Forms 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7000 Disclosure of Information 252.204-7002, Payment for Subline Items Not Separately Priced 252.204-7003 Control Of Government Personnel Work Product 252.204-7004 Alt A Central Contractor Registration 252.204-7006 Billing Instructions 252.204-7011 Alternative Line Item Structure 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7001, Buy American and Balance of Payments Program 252.225-7002, Qualifying Country Sources as Subcontractors 252.225-7012, Preference for Certain Domestic Commodities 252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation by Sea The Following Provisions and Clauses are Incorporated by Full-Text: 52.209-5 Certification Regarding Responsibility Matters (a) (1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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 appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Officeof Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) 52.222-22 Previous Contracts and Compliance Reports The offeror represents that - (a) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It [_] has, [_] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. 52.222-52 Exemption From Application of the Service Contract Labor Standard to Contracts for Certain Services - Certification (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) 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; (2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) 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 (4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers. 52.233-2 Service of Protest (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: Army Contracting Command - Aberdeen Proving Ground Natick Contracting Division Attn: Colleen Bertone 10 General Greene Avenue Natick, MA 01760 52.252-1 Solicitation Provisions Incorporated by Reference 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 address: http://farsite.hill.af.mil/ or https://www.acquisition.gov/. (End of Provision) 52.252-2 Clauses Incorporated by Reference 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 address: http://farsite.hill.af.mil/ or https://www.acquisition.gov/. (End of Clause) 52.252-6 Authorized Deviations in Clauses (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System, contains an authorized deviation to FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (DEVIATION 2013-O0019) (NOV 2017) as indicated by the addition of "(DEVIATION)" after the clause name. 252.232-7006 Wide Area WorkFlow Payment Instructions (NOTE: Applicable information in paragraphs (f) and (g) will be populated upon contract award.)
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/74a1d30f588524b99337eeadb6bf0313)
 

Place of Performance

Address: Contractor's Facility, United States
 

Record

SN04917940-W 20180512/180510230552-74a1d30f588524b99337eeadb6bf0313 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |