OCEAN_TRANS_RFQ_7-22-13.doc

Request for Quote Statement of Work of the

Oceanic Transportation of Fleet Vehicles for the

General Services Administration (GSA), Fleet Division, Region 2 Issued By:

The U.S. General Services Administration

Federal Acquisition Service

26 Federal Plaza, Room 20-100 New York, New York 10278

REQUEST FOR QUOTE (RFQ)

Task ID02130021 July 22, 2013

TABLE OF CONTENTS

1. BACKGROUND 1

2. OBJECTIVE

3. STATEMENT OF WORK

4. TASKS

4.1

VEHICLE TRANSPORTATION REQUIREMENTS

4.2

VEHICLE ACCEPTANCE AND INSPECTION

4.3

TRACKING OF US GOVERNMENT LICENSE PLATES

4.4

BILL OF LADING

4.5

REQUIRED CHECKLIST

5. METHOD OF SURVEILLANCE 3

5.1 SURVEILLANCE

5.2 USDA STANDARDS

6. PLACE OF PERFORMANCE & REQUIREMENTS

6.1 place of performance

6.2 performance standards for vehicles transportation

6.3 PERIOD of performance

6.4 NOTICE regarding late delivery

7. DISCLOSURE

8. CONTRACT ADMINISTRATION

9. GOVERNMENT POINTS OF CONTACT

9.1 CONTRACTING OFFICER

9.2 CONTRACTING OFFICER REPRESENTATIVE

10. TERMINATION OF CONTRACTS

11. DELIVERY ORDER LIMITATIONS

12. SECURITY REQUIREMENTS 7

12.1 FACILITY REQUIREMENT / SECURITY AND STORAGE

12.2 TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC)

13. CONTRACT TYPE

13.1 EQUITABLE ADJUSTMENT

14. APPLICABLE CONTRACT CLAUSES AND PROVISIONS 8

14.1

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE 8

14.2

CLAUSES AND PROVISIONS IN FULL TEXT 8-82

15. INVOICES 83

15.1

REQUESTS FOR PAYMENTS

15.2

CLOSEOUT PROCEDURES

16. QUOTE REQUIREMENTS AND SUBMISSION

16.1

GENERAL INSTRUCTIONS 84

16.2

FREQUENCY OF SHIPMENTS

16.3

SUBMISSION OF OFFERS

16.4

QUOTE FORMAT & SUBMISSION FORMAT

16.5

PRICE QUOTE

16.6 technical QUOTE

17. ADDITIONAL REQUIREMENTS AND COMMENTS

18. EVALUATION FACTORS

18.1 SUBMISSION OF PRICE FACTOR

18.2 SUBMISSION OF TECHNICAL

18.3 ASSUMPTIONS CONDITIONS AND EXCEPTIONS

18.4 SUBMISSION OF PAST PERFORMANCE FACTOR

18.5 COST/PRICE SUPPORTING DOCUMENTATION 89

19. ELIGIBILITY FOR CONTRACT AWARD

20. METHOD OF AWARD

21. QUOTE COMPLIANCE REVIEW

22. EVALUATION CRITERIA

22.1

CRITERIA FOR PRICE FACTOR 90

22.2

CRITERIA FOR TECHNICAL FACTOR

22.3

CRITERIA FOR PAST PERFORMANCE FACTOR

22.4

RATING METHODOLOGY

23. OTHER CONSIDERATIONS

24. NOTICE ABOUT RELEASING QUOTES

1. BACKGROUND

The U.S. General Services Administration (GSA), Federal Acquisition Service (FAS), Northeast Caribbean Region 2, Fleet Division seeks contractors who are regularly engaged in oceanic carrier vessel transportation of Vehicles in accordance with the sea routes and drop off sites that have been listed in Section J, Attachment 2, Section ‘B-G’, spreadsheet. The government is seeking rates for estimated quantities and cargo cubic weight listed on the tabbed, (5 year Contract), worksheets. On each worksheet rates are required for North bound, and South bound routes, as well as requirements for Bunker / Security Fees.

The Government’s requirements and specifications for this service are listed throughout this RFQ. Oceanic transport of vehicles could include sedans, station wagons, light trucks (including vans and pickups), medium and heavy-duty trucks and buses and special purpose equipment. The Contractor shall perform Oceanic Carrier Transportation of Vehicles for all makes, models and manufacturers.

2. OBJECTIVE

Under this RFQ the Offeror shall provide Carrier Containment of Government Vehicles via Oceanic Vessel Transportation in support of GSA Fleets Divisions Marshalling Services throughout the Northeast and Caribbean Region 02.

3. STATEMENT OF WORK

The following categories of effort shall be performed by the Contractor:

The Contractor shall provide services to ship Government Vehicles via Oceanic Vessel Transportation. The oceanic transport of Government Vehicles shall include vehicle inspection and acceptance by the offeror up to the time the Vehicles are relinquished over to the appointed GSA employee or to another appointed vendor representative for land transport to a destined site. These cited requirements and others are established throughout this solicitation’s Sections with detailed specifications.

The Government’s requirements and specifications for this service are listed throughout this RFQ. Oceanic transport of Vehicles could include sedans, station wagons, light trucks (including vans and pickups), medium and heavy-duty trucks and buses and special purpose equipment. This RFQ supports the carrier containment of Government Vehicles via Oceanic Vessel Transportation service requirements.

4 TASKS

4.1 VEHICLE TRANSPORT REQUIREMENTS

Upon receiving Fleet Vehicle(s), the Contractor shall establish a schedule for departure from origin within two days. The Contractors shipping schedule shall be agreed to by the Fleet COR. Once the shipping date is determined, Vehicles are to arrive at their destination no later than seven days barring acts of nature. Notification to cited land receiver should be enacted within 24 hours upon arrival at destination (Northbound or Southbound).

4.2 VEHICLE ACCEPTANCE & INSPECTION

Dock storage fees must not start for seven US Government business days starting from the email date. The submitted rates must include all dock fees (loading and unloading from containers or flat-bed trailers).

The Contractor shall conduct a visual inspection of the vehicle’s interior and exterior when the vehicle arrives at the port to verify that the vehicle has no physical defects or missing parts. Any discrepancy discovered during “Vehicle Acceptance & Inspection” must be annotated on both the Vendor’s own inspection form and the land contracted transporter shipment document, and shall be signed by the Contractor & the GSA land transporter. A copy of this form should be completed immediately upon vehicle delivery to the deporting port with a copy given to the GSA land transporter. On subsequent inspections, should any previously undocumented damage be noted, the Oceanic Transport Carrier will be held responsible for the repair of such damages.

4.3 TRACKING OF US GOVERNMENT LICENSE PLATES

It must be documented on the signed inspection forms whether the Government vehicle is received with or without US Government license plates. The License Plates will be attached to the front and rear of some Vehicles. If the US Government License Plates are issued to the Oceanic Transport Carrier, the Carrier is responsible for any loss, theft, or misuse of the License Plates. Should the loss or theft of US Government license plates occur, the carrier shall immediately contact the local authorities and GSA Fleet. Furthermore, a Police report must be obtained from local authorities and submitted to GSA Fleet.

4.4 BILL OF LADING

The Offeror shall furnish Bill of Lading copies (i) within 20 working days of the date of loading for shipments originating in the United States, or (ii) within 30 working days for shipments originating outside the United States. The Offeror shall adhere to all applicable Bill of Lading requirements as referenced in FAR Part 47.5 Ocean Transportation by U.S.-Flag Vessels.

4.5 REQUIRED CHECKLIST

GSA, FAS, Fleet Management Division has provided an Offerrors Submittal Checklist, Section J, Attachment 1, of the documents that shall be submitted in your quote package to this solicitation. Your Package will be completed if you have placed an “X” in each box for each document.

The Checklist does not negate the Offeror’s responsibility to read through the entire solicitation and comply with its contents.

5. METHOD OF SURVEILLANCE

The Contractor shall meet all requirements in this RFQ as well as all deliverable dates and all contractual requirements. The COR will evaluate the performance objectives through periodic inspections throughout the Contract Period. The Government COR will also solicit the Requesting Activity’s input to evaluate the Contractor’s performance. The Government COR will record acceptable, outstanding or unacceptable performance.

The task section of this RFQ references the services to be monitored and the standards to be applied. The Contractor shall meet all standards in the task section of this RFQ as well as all other deliverable dates and other contractual requirements.

5.1 SURVEILLANCE

The Government COR will evaluate the performance objectives through periodic inspections of Offerors performance.

5.2 USDA STANDARDS FOR VEHICLE TRANSPORT

The Government COR for Northbound transport will ensure all Vehicles meet an acceptable inspection level by the USDA inspector prior to all northbound shipments. The COR responsible for all Northbound shipments, will ensure that all vehicles interior and exterior are thoroughly cleaned. The COR will look for look for clumps of mud in wheel wells or under the vehicle’s carriage and under the hood of vehicles. The COR will also look for dirt, grass, plant seeds in the interior as well as the exterior, in order to ensure all vehicles pass the USDA inspection at origin.

6 PLACE OF PERFORMANCE & REQUIREMENTS

6.1 PLACE OF PERFORMANCE

oceanic tRansportation services WILL BE CONDUCTED at the following locations, however IF AT ANY POINT during the five year period of this contract, THE GOVERNMENT REQUIRES ADDITIONAL routes be added, it may modify this contract to add routeS if it is in the best interest of the government to do so.

SAN JUAN, PR

JACKSONVILLE, FL.

JACKSONVILLE, FL.

SAN JUAN, PR

SAN JUAN, PR

New Jersey / Philadelphia*

New Jersey / Philadelphia*

SAN JUAN, PR

NOTE * Please list name and location of port that will be used in NJ or Philadelphia

6.2 PERFORMANCE STANDARDS FOR VEHICLE TRANSPORTATION

The Government requires delivery to be made according to the following schedule:

Northbound or Southbound trip duration should be no more than Seven days.

6.3 PERIOD OF PERFORMANCE

The Period of Performance for this Contract shall be Five years from date of award with no Option Periods. The Period of Performance per task order will be established on a case by case basis.

6.4 NOTICE REGARDING LATE DELIVERY

The Contractor shall notify the Contracting Officer’s Representative (COR) as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The contractor shall include in the notification the rationale for late delivery, the expected date for the delivery and the project impact of the late delivery. The COR will review the new schedule and after consulting with the Contracting Officer and provide guidance to the Contractor.

7 DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this task order and shall not be divulged or made known in any manner to any person who is not required to perform a necessary action on this task. In performance of this task order, the Contractor assumes responsibility for the protection of the confidentiality of Government records. Each officer or employee of the Contractor or any subcontractor to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such official or employee can be used only for a purpose or to an extent unauthorized herein, may subject offender to criminal sanctions imposed by 18 U.S.C.641.

8 CONTRACT ADMINISTRATION

Notwithstanding the Offeror’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Offeror. The following sections describe the roles and responsibilities of individuals who will be the Government and Offeror points of contact during performance of the contract.

9 GOVERNMENT POINTS OF CONTACT

The GSA Contracting Officer (CO) is the Government’s primary point of contact during the conduct of the procurement and the sole Government official authorized to bind the Government. After contract award, the CO will delegate contract administration authority as necessary and appropriate. The GSA CO may also delegate certain technical, management, and operations authority to the GSA Contracting Officer’s Representative (COR).

9.1 CONTRACTING OFFICER

The Contracting Officer is authorized to execute any and all contractual actions against this contract.

The CO is responsible for administration of the contract. This includes but is not limited to: issuing contract revisions, changing the terms and conditions of the basic contract, terminating the contract, and exercising option renewals.

Communications pertaining to contract administration matters shall be addressed to the appropriate CO. The CO will be the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions and/or clauses contained elsewhere in the contract, said authority would remain solely with the CO. In the event the Offeror should make any changes at the direction of any person other than the CO, such change shall be considered to have been made without authority, and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. When necessary, the CO will:

Serve as liaison between the Offeror and the Government

Assist in expediting orders

Ensure compliance with contract requirements

Issue final decisions and handle all disputes under the Contract Dispute Act

CONTRACTING OFFICER:

ATTN: Wheeler Michel

General Service Administration, FAS

26 Federal Plaza, Room 20-100

New York, NY 10278

TEL (212) 264-0039

Email wheeler.michel@gsa.gov

9. 2 CONTRACTING OFFICERS REPRESENTATIVE

The GSA Administrative Contracting Officer will appoint a GSA COR to assure orderly performance of this task order. The COR is authorized to be the point of contact for aspects of the Contract in lieu of the Contracting Officer. Additionally, the Offeror shall direct all matters regarding this Contract through the Contracting Officer.

CONTRACTING OFFICER REPRESENTATIVE CONTACT INFO:

GSA FLEET

ATTN: Michael H. Royce

TEL: (212) 264-3759

FAX: (212) 264-5771

Email: michael.royce@gsa.gov

EFAX: 253-876-3831

GSA FLEET

ATTN: Jarvier Hernandez

TEL: 787-749-4351

FAX: 253-876-3775

Email: Javier.Hernandez@gsa.gov

10 TERMINATION OF CONTRACTS:

Any ordering office may, in respect to anyone or more task orders placed by it under the contract, exercise the same right of termination as described in FAR clause 52.212-4, paragraph l) Termination for the Government’s convenience, and subparagraph m) Termination for Cause.

11 DELIVERY ORDER LIMITATIONS

The Minimum and Maximum orders for this requirement are as followed:

The Minimum Order - The Government may require supplies or services covered by this

Contract in an amount of one (1) vehicle for transport.

The Maximum Order – In accordance with Far Subparagraph 16.503(a)(2), the total order placed under this contract shall not exceed 250 Vehicles for any individual transport. The Contractor shall not accept or fulfill any order that exceeds the maximum order limitations set forth herein. Violation may result in termination of the contract pursuant to clause. The maximum order level for this Contract is estimated at 400 Vehicles.

12 SECURITY REQUIREMENTS

12.1 FACILITY REQUIREMENTS AND SECURITY AND STORAGE

Contractors unloading vehicle cargo must have a secure improved hard surface (paved or crushed stone) parking area for storage, inspection.

The term "secure" means that unauthorized access to the vehicle(s) will not be possible at any time.

12.2 TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC)

The Transportation Worker Identification Credential (TWIC) is a vital security measure that will ensure individuals who pose a threat do not gain unescorted access to secure areas of the nation's maritime transportation system. It is a preferred requirement by the GSA, FAS appointed land receiver of the Vehicles in port. The oceanic vessel transporter should not have the need to incur a “Security Fee” charged back to GSA, FAS, so long as the land receiver is in possession of a “TWIC” card and did not require escort into the facility.

TWIC was established by Congress through the Maritime Transportation Security Act (MTSA) and is administered by the Transportation Security Administration (TSA) and U.S. Coast Guard. TWICs are tamper-resistant biometric credentials issued to workers who require unescorted access to secure areas of ports, vessels, outer continental shelf facilities and all credentialed merchant mariners.

13 CONTRACT TYPE

Award of this Contract will result in a Fixed Price Contract with Economic Price adjustment taking into account fuel volatility. As per FAR Part 16.203-1(a)(3), adjustments based on cost indexes of labor or material. These price adjustments are based on increases or decreases in labor or material cost standards or indexes that are specifically identified in the contract.

13.1 EQUITABLE ADJUSTMENT FOR FUEL

Equitable Adjustment for fuel by the Offerer will be permitted upon award of this Contract for Oceanic Transportation of Fleet Vehicles. Before a request for Econonic Price adjustment can be considered the Fuel price shall increase or decrease 1.3%. The adjustment of fuel price increase or decrease will be effective every quarter. Fuel Price based on the Transpacific Stabilization Agreements Bunker Fee Index shall indicate current fuel price and to be fuel price. To proceed with an increase or decrease adjustment of fuel price, the Offeror shall provide written notification to the Contracting Officer immediately upon receipt of an order to transport Vehicles. This notification shall be accompanied with supporting documentation which clearly states the Fuel Price at the start of that quarter, adjusted Fuel Price, date of the order and distance/route(s) for which the Carrier will travel.

14. APPLICABLE CONTRACT CLAUSES AND PROVISIONS

14.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions-Commercial Items 52.232-18 Availability of Funds

14.2 CLAUSES AND PROVISIONS IN FULL TEXT

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010) (IAW FAR Part 3.502-3)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contractor in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime Contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from —

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)

The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.212-1 Instructions to Offerors—Commercial Items. (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

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

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

(2)

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

and—

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

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

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

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

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

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

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

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

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

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

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

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

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

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.)

The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or

“DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the

DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern.

If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http:// fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local

Dun and Bradstreet office.

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

52.212-2 Evaluation — Commercial Items. (JAN 1999)

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

· FACTOR 1: PRICE

· FACTOR 2: TECHNICAL APPROACH & METHODOLOGY

· FACTOR 3: PAST PERFORMANCE

The Offerrors ability to meet or exceed the technical criteria of the RFQ and provide the Lowest Price that meets or exceed the Government's requirements is very important. To that end, the above evaluation factors will be evaluated to determine the Offerer who presents the Best Value and whose offer is technically acceptable with the Lowest Price.

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

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

52.212-3 Offeror Representations and Certifications—(DEC 2012)

An offeror shall complete only paragraph

(b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the

ORCA website, the offeror shall complete only paragraphs(c) through (o) 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. “Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. “Manufactured end product” means any end product in

Federal Supply Classes (FSC) 1000-9999, except—

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“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.

“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 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 Online Representations and Certifications

Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c)through (o) 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

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

(3) Service-disabled veteran-owned small businessconcern. [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. [Completeonly if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ❏ is, ❏ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a womenowned 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 ornames of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It ❏ is, ❏ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a womenowned 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 businessconcern.

(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 firsttier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, orFAR 52.219-25, Small Disadvantaged Business Participation

Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It ❏…