1333MF24Q0010_SF 1449.pdf

1333MF24Q0010 BASE

Section A - Solicitation/Contract Form Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders Section L - Instructions,Conditions, and Notices to Bidders Section M - Evaluation Factors for Award

Section A - Solicitation/Contract Form

STATEMENT OF WORK STATEMENT OF WORK

STATEMENT OF WORK (SOW )

Semi -Annual Preventative Maintenance and On-Call Emergency Services for Cummins Diesel Generator located at the NEFSC Laboratory in Narragansett, Rhode Island 143021-24-0037

1.0 Background. The National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) is the research arm of NOAA Fisheries in the region. The Center plans, develops, and manages a multidisciplinary program of basic and applied research. The requirement will support the full maintenance service of the Narragansett Laboratory Diesel Cummins Generator (Model : DFAC-5569711) and building’s electrical switchgear.

2.0 General Requirements (see Specific Tasks, section 11.0)

- The requirement is for maintenance and inspection service two times per calendar year (approximately 6 months apart): One Major Preventive Maintenance Service (prior to winter months) and one Minor Preventative Maintenance service (in early summer). NOTE: The last PM completed on the generator was a Major PM in June of 2023.

o The Major Preventative Maintenance (PM) service shall also include switchgear inspection, battery testing, filter changes and fluid changes. All major PM’s shall be tested and operated after servicing to insure working order.

o The Minor Preventive Maintenance Service shall include, but are not limited to, all fluid level checks, operation check, and switchgear operation checks.

- The vendor shall provide on-call emergency service, within 24 hours, to ensure limited down time in event of a generator failure. The emergency service may require replacement parts and/or upgrades.

From the emergency service call vendor shall inspect, evaluate and provide a price quote to the Technical Point of Contact (TPOC) and Contracting Officer (CO). Quote shall include labor hours and/or materials/supplies/parts required to bring the equipment into operational status. Quotes will be based on labor hours and materials/supplies/parts required.

o NOTE: Work under this Contract Line Number (CLIN) shall NOT be performed before the Contracting Officer approval (verbal for emergencies only) or through the issuance of an official bilateral modification).

2.1 Scope of Work. Non-Personal Service. Contractor shall provide all materials, equipment, trained labor, supervision, transportation, permits, insurance, and quality control necessary to provide maintenance service for a Diesel Cummins Generator and Switch Gear for the NMFS/NEFSC, located at 28 Tarzwell Drive, Narragansett RI 02882. Performance under this contract known as “Work”.

Contractor shall be fully knowledgeable of all contract requirements and shall ensure work is accomplished in accordance with the terms and conditions of the contract in a manner that will promote and maintain a safe environment.

2.1.1 Contractor shall be fully trained and be fully knowledgeable of all contract requirements.

Contractor shall at all times ensure work is accomplished in accordance with the terms and conditions of the contract in a safe and professional manner. Contractor is responsible for damage to any Government equipment, supplies, or facilities caused by Contractor personnel. Contractor shall be on-site to manage service calls within 24hrs of notification by the government representative.

2.1.2 Special Qualifications and Permits. The Contractor shall ensure all required skill sets, and permits are obtained and maintained for performance under this contract

2.1.3 Contractor shall be responsible for Quality Control. The Government is responsible for Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with the tasks required of this SOW and all other terms and conditions of the contract.

2.2 Place of Performance. 28 Tarzwell drive, Narragansett RI, 02882 (Appendix C, Site Location):

2.3 Period of Performance. Base plus (4) Option Years

Period of Performance Base Year CLIN 0001 – CLIN 0004 March 6, 2024 – March 5, 2025 Option Year 1 CLIN 1001 – CLIN 1004 March 6, 2025 – March 5, 2026 Option Year 2 CLIN 2001 – CLIN 2004 March 6, 2026 – March 5, 2027 Option Year 3 CLIN 3001 – CLIN 3004 March 6, 2027 – March 5, 2028 Option Year 4 CLIN 4001 - CLIN 4004 March 6, 2028 – March 5, 2029

2.4 Hours of Operation. Contractor shall perform Work between the hours of 7:30AM – 4:00PM Eastern Standard Time (EST) Monday through Friday, with the exception of recognized United States (U.S) Federal Holidays, or when the Government facility/installation is closed due to local or national emergencies, adverse weather, administrative closings, or similar Government directed facility/installation closings. The Federal Holiday home page can be found at www.opm.gov/fedhol.

3.0 Security Requirements. Security Clearances are not required. The Government reserves the right to deny access to Government facilities/property at any time, for any reason. The Government will not be held liable for any delays or breach of contract caused by refusal to allow entry.

3.1 Contractor employees and associated subcontractors performing under this contract MUST be U.S.

citizens or MUST have established and maintain legal residence in the U.S., and be authorized by the US Government to work in the United States (i.e. Green card, worker authorization, etc.). All Contractor employees and all associated subcontractors performing under this contract MUST have at least one form of US Government issued photo identification (driver’s license, US passport, US work visa, etc.) for entry to the Government facility/property. Contractor shall provide the TPOC and CO a list identifying the names of all personnel performing Work under this contract.

3.1.1 National Agency Check with Inquires (NACI). Not required. This is a low risk non IT service contract of 180 days or more which require a NACI for Contractor employees, or associated subcontractor(s) when access to a DOC owned, leased, or controlled facility is required for performance. This service does not require access of Contractor employees or associated subcontractor(s) into DOC owned, leased, or control facilities. Due to the TPOC establishing preset schedule where government employees will be present on site during the actual performance of Work, it has been determined that NACI for personnel performing under this contract will not be required.

3.1.2 Contractor employees and associated subcontractor personnel, vehicles, and property under their control are subject to search upon entering or exiting the installation, or at any point while on the installation. Any vehicles or personnel found in possession of prohibited items will be removed, and/or barred, from the installation and released to the appropriate civil authorities.

3.1.3 Government reserves the right to exclude or remove from the site any Contractor employee of the Contractor or associated subcontractor whom the Government deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the contract is deemed by the Government to be contrary to the public interest.

3.1.4 Government reserves the right to close down the job site and order Contractor employees and associated subcontractors off the premises in the event of a national emergency or a shut-down, for as long as security problems persist. A written notification will be provided as soon as possible. Contractor may only return to the site with written approval from the TPOC/CO.

4.0 Government Roles.

4.1 The Contracting Officer (CO) is the only individual with the authority to authorize changes within this contract that will have an effect on the scope, and monetary values (increase or decrease) of contract.

4.2 The Technical Point of Contact (TPOC) is the individual designated by the CO at contract award to perform administrative functions on the contract. The key role of the TPOC is to observe, document, and communicate Contractor performance to the CO. TPOC and alternate TPOC (if applicable) will be responsible for the inspection and acceptance of performance and any deliverables under the contract.

The TPOC does NOT have authority to change the terms and conditions of the contract. TPOC information is identified as: (to be determined at time of award).

4.2.1 The TPOC does NOT have authority to change the terms and conditions of the contract. When, in the opinion of the Contractor, the TPOC requests efforts outside the existing scope of the contract, the Contractor shall promptly notify the CO in writing. Contractor under such direction shall take no action until the CO has resolved the issue or has otherwise issued a modification to the contract. TPOC information is identified as: (to be determined at time of award).

4.2.2 In the absence of the TPOC (due to reasons such as leave, illness, and official travel), all responsibilities and functions assigned to the TPOC shall be the responsibility of the CO until an alternate TPOC is assigned.

4.2.3 Technical Point of Contact (TPOC) will notify the Contractor of Government facility/installation closures on an event-by-event basis. Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility/installation is not closed for the above reasons.

5.0 Government Responsibilities:

5.1 Government is responsible for quality assurance of Work.

5.2 Government will inspect the Work performed under this contract. Any corrective action required as a result of the inspection will be accomplished prior to final monthly billing. Government will document instances of deficiencies.

5.3 Contractor may be notified of deficiencies in performance in writing by the TPOC/CO. Oral deficiency notifications will be confirmed in writing by the TPOC/CO. Contractor shall take prompt corrective action upon notice of deficiency. Prompt is defined as within 24 hours of notification.

5.4 Government personnel other than COs and the authorized TPOC, may, with CO coordination, observe Contractor operations. However, these personnel may not interfere with Contractor performance or make any changes to the contract.

5.5 Government Furnished Property, Materials, Equipment and Services (GFP/M/E/S). Government dumpsters will not be used by contractors.

5.6 The Government is not responsible for damage to Contractor’s equipment due to trash, debris or uneven terrain.

7.0 Contractor Responsibilities.

7.1 Contractor Furnished Property, Materials, Equipment and Services (GFP/M/E/S). Contractor shall provide all plant, trained labor, equipment, materials, supervision, transportation, permits, insurance, and quality control necessary to achieve the quality performance standards of the Work in this contract.

Government dumpsters shall not be used by the contractor.

7.1.1 Contractor shall immediately notify the CO if discrepancies are discovered between the existing property conditions and those noted on the SOW or Appendix’.

7.1.2. Within five (5) work days of the contract start date, the Contractor shall submit, in writing, the name of the Site Manager and Site Superintendent (with identification of any alternates) to the CO.

Contractor shall supply telephone, cell phone and /or pager numbers of the Site Manager and Site Superintendent to the CO.

7.1.3 Within five (5) work days of the contract starting date, and annually thereafter for renewal periods, the Contractor shall submit to the CO for approval, schedules to accomplish required services throughout the year. If changes need to be made to reduce conflicts with Government operations, special events, or other occurrences, the Contractor shall meet with the CO and revise the schedule as necessary. The CO can request changes to the monthly work schedule so spacing of services is distributed to meet the needs of the Government. Contractor shall not deviate from this schedule without prior approval from the CO.

7.1.4 Within ten (10) days of the contract start date, the Contractor shall submit all Material Safety Sheets (MSS) for any materials used under this contract containing "dangerous" or "warning" labels to the CO.

7.1.5 If services cannot be completed as scheduled due to inclement weather, Contractor shall perform any and all scheduled services the following work day with no degradation to existing scheduled services.

7.1.6 Contractor shall conduct operations in such a manner as to minimize any inconvenience in the use of the facilities to the occupants and visitors. Contractor shall instruct their employees daily to be mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the general public on or near the site.

7.1.7 Contractor shall provide all vehicles, containers, etc., that are necessary to safely remove and dispose of debris.

7.1.8 Contractor shall provide all plant, labor, supervision, oversight, equipment, materials, transportation, permits, insurance, and quality control necessary to provide preventative maintenance and repair services for the government owned Cummings diesel generators.

7.1.9 Contractor shall be responsible for quality control of Work performed.

7.1.10 Contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their performance.

7.1.11 Contractor shall maintain an adequate workforce trained to safely and satisfactorily perform under this contract.

7.1.12 Contractor shall ensure all Contractor employees, and all associated subcontractor(s) are experienced in the type of work involved and familiar with the specifications of this contract. Contractor is responsible for damage to any Government equipment, supplies, or facilities caused by Contractor personnel. Government will not provide instruction or oversight.

7.1.13 Contractor shall comply with all applicable local, state, and federal codes and laws as well as other government published instructions per the contract documents.

7.1.14 Contractor shall perform in accordance with professional industry standards.

7.1.15 Contractor shall be responsible for all contractor security arrangements including subcontractor’s materials, tools, equipment, and personnel.

7.1.16 Contractor shall accomplish all tasks to meet the requirements of the SOW.

7.1.17 Written and verbal communications concerning this contract shall be conducted between the Contractor and the authorized government team (Contracting Officer’s Representative, Contracting Specialist, and Contracting Officer) only.

7.1.18 Contractor shall handle corrective action(s) without dependence upon Government direction.

Contractor shall resolve all discrepancies noted (by the government team) within 24hrs of identification.

Contractor shall ensure Contractor’s employees and all associated Subcontractor(s) performing under this contract, are notified of all deficiencies in their area of responsibility to ensure that deficiencies do not reoccur.

7.1.19 Contractor shall be available on site within 2 hours of notification as required by the government for issues that cannot be resolved by telephone to the government's satisfaction. Contractor is responsible for understanding the site condition, complexity, volume and quality of services required.

7.1.20 Contractor Equipment. The Government may inspect Contractor’s equipment at any time.

Contractor’s equipment shall be subject to approval by the TPOC. Contractor shall service or replace at no cost to the Government any equipment found to be defective, unsafe, or unsuitable.

8.0 Contractor Liability: Except as otherwise provided by law, the Government will not be responsible for the loss of, or damage to, the Contractor’s equipment, property, or death of or injury to the Contractor’s employees or associated subcontractors performing under this contract, resulting from the Contractor’s negligent performance under this contract. Contractor shall be responsible for all damages to persons or property that occurs as a result of Contractor’s faulty equipment, fault or negligence of Contractor personnel/employees or associated subcontractors performing Work on this contract.

9.0 Contractor Insurance Requirements. Contractor shall at its sole expense insure its activities in connection with the Work under this contract and shall obtain, keep in force, and maintain insurance in accordance with FAR clause 52.228-5, Insurance—Work on a Government Installation. Contractor shall provide a copy of the Insurance Certificate to the CO prior to the commencement of Work on this contract.

10.0 Job Site Protection. Contractor shall protect the property of others as well as his/her own property. Contractor shall repair or replace any property damaged by the Contractor during performance under this contract. Contractor shall take precautions to prevent the spread of dust, moisture and debris. Contractor shall keep the area clean and upon completion of the project, the Contractor shall clean up the work area and remove all debris from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the building.

11.0 Specific Tasks. Contractor and subcontractors working under this contract shall be fully knowledgeable and skilled in the disciplines required to successfully fulfill this requirement. Contractor shall at all times ensure work is accomplished in accordance with the terms and conditions of the contract in a safe and professional manner. Contractor shall perform the follow tasks:

CLIN 0001 and OPTION CLINS (CLIN 1001, 2001, 3001, 4001): Contractor shall perform (1) one major preventive maintenance service on (1) Cummins DFAC-5569711 diesel generator and switchgear (Appendix B), per period of performance. Service shall include but is not limited to the following:

¿ Replace engine oil and filter change (appendix B) ¿ Cooling inspection and filter change (appendix B) ¿ Check spark plugs and replace if needed ¿ Inspect distributor cap and rotor ¿ Lubrication of necessary components ¿ Exhaust monitoring ¿ Inspect hoses and check for leaks ¿ Inspect transfer switch contacts ¿ Inspect building switchgear and test batteries ¿ After service, the contractor shall operate the diesel generator and switchgear.

¿ Contract shall provide a written report of the generator operation status after each service, with details as to what was performed during the service.

CLIN 0002 and OPTION CLINS (CLIN 1002, 2003, 3002, 4002): Contractor shall perform (1) one minor preventive maintenance service on (1) Cummins DFAC-5569711 diesel generator and switchgear (Appendix B), per period of performance. Service shall include but is not limited to the following:

¿ Visual inspection ¿ Fluid checks/Top off ¿ Battery and charging system inspection including load test ¿ Check entire unit for fuel, water, and oil leakage in both the fuel system and cooling system ¿ Check belt condition and tension ¿ Monitor operation of generator and transfer switch ¿ Check all electrical inspections.

¿ Contract shall provide a written service report with details as to what was performed during the service.

CLIN 0003: OPTION ITEM and Option CLINS (CLIN 1003, 2003, 3003, 4003)- Additional Item Requirement (AIR) - ON-CALL SERVICES (LABOR HOURS) Contractor shall respond within 24 hours of on-call emergency services to bring (1) Cummins DFAC-5569711 diesel generator and switchgear to operational status. Emergency services may include labor and/or parts, as needed. Service will include evaluating the generator and provide an assessment of repairs required to bring the equipment to operational status and provide a price quote to the TPOC and CO that identifies, 1) repair needed; 2) labor hours required for the repair; 3) material and parts cost for said repair; and 4) materials mark-up cost.

CLIN 0004: OPTION ITEM and Option CLINS (CLIN 1004, 2004, 3004, 4004) - Additional Item Requirement (AIR) - ON-CALL SERVICES (PARTS). Contractor shall supply actual invoices for all materials and supplies used for the said repair - Government will pay Contractor for actual invoicing costs (no taxes included as the government is tax exempt) with the agreed upon material mark-up.

¿ NOTE: Repairs shall not be accomplished until the Contracting Officer issues an official bilateral modification to the contractor.

12.0 Deliverables.

12.1 Delegation of Site Superintendent and Site Manager. Contractor shall submit to TPCO and CO prior to the commencement of Work on this contract.

12.2 List of identifying all personnel performing Work under this contract. Contractor shall submit to TPCO and CO prior to the commencement of Work on this contract.

12.3 Contractor Insurance Requirements. Contractor shall submit to CO upon request.

DELIVERABLES FOR CLINS (Deliverables are the same for each option year)

DELIVERABLE DUE NO LATER THAN

CLIN 0001 - Base Year Major Preventative Maintenance completed

Before Winter

CLIN 0001 - Base Year Written service report after each maintenance

CLIN 0002 - Base Year Minor Preventative Maintenance completed

Before Summer

CLIN 0002 - Base Year Written service report after each maintenance

CLIN 0003 - Base Year Provide emergency services within 24 hours of receiving a call for service

CLIN 0003 - Base Year Quote required before any new installation / repair CLIN 0004 - Base Year Quote required before any new installation / repair

SAME FOR OPTION YEARS CLIN

1001 - 4004

13.0 Safety, Security, Fire Protection, Environmental Controls, Conservation of Utilities, and Compliance with Laws and Regulations.

13.1 Safety Requirements. Contractor shall produce proper OSHA and other industry certificates/licenses upon request of the CO. Contractor shall be responsible for safety. Contractor shall take all necessary precautions to meet proper safety standards, training, and regulations of all local, state and federal codes and regulations. (Appendix A, Useful Web Sites).

13.1.1 Contractor shall take all necessary precautions to meet proper safety standards, and regulations of all local, state and federal codes and regulations.

13.1.2 Contractor shall record and report promptly to the CO and TPOC, all available facts relating to each instance of damage to Government property or injury to either Contractor or Government personnel.

13.1.3 If the Government elects to conduct an investigation of the accident/mishap, the Contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.

13.1.4 While on Government property, Contractor shall not use a cell phone while operating a vehicle or other motorized equipment unless the operator is utilizing a hands-free device as such is prohibited by Federal regulations. Motor vehicle regulations are strictly enforced and excessive violations may result in the loss of driving privileges on the Government facility.

13.1.5 While on Government property, smoking will only be in authorized designated areas.

13.2 Security. There are no specific security requirements for performance under this contract.

13.3 Fire Protection Requirements. The emergency telephone number for all locations is 911.

Contractor shall comply with government evacuation procedures.

14.0 IT Security [Not applicable.] Requirements of 48 CFR 1352.239-73 do not apply and a Security Accreditation Package is not required.

15.0 Section 508. [Not applicable]. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998) is not required.

All Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

16.0 Invoicing. Contractor shall provide “proper” invoices in arrears of tasks performed (and expensed) with the last invoice being submitted within 30 days of contract completion. Invoices shall be submitted (via electronic copy to: ( https://www.ipp.gov ) no later than by the 10th day of the billing month.

1. Contractor will provide “proper” invoices in arrears of tasks performed (and expensed) with last invoice being submitted within 30 days of contract completion. Invoices shall be submitted (via electronic copy) no later than by the 10th day of the billing month.

2. Payments will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment.

3. To constitute a proper invoice, the Contractor’s invoice shall be prepared in accordance with, and contain the elements specified in FAR 52.212-4(g), “Invoices”.

4. The Government will return invoices that do not comply with FAR 52.212-4(g), “Invoices” within 7 days after the date the invoice was received along with a statement as to the reasons why it is not a proper invoice.

5. The Contractor will send invoices electronically in accordance with the terms and conditions of this contract to the mandatory electronic invoicing system: https://www.ipp.gov Payments resulting from approved and accepted invoices will be made via Electronic Funds Transfer (EFT) in accordance with the businesses System for Awards Management (SAM) registration information.

The Contractor must use the IPP website ( https://www.ipp.gov ) to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973- 3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

Reference: NOAA Acquisition Manual (NAM) 1330-52.232-72

FREIGHT/SHIPPING COSTS: If freight costs exceed $100.00, a copy of the waybill must accompany the invoice to support the freight charges.

FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571- 767-6688 or email at assisthelp@dla.mil.

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.

The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(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 products, the make and model of the product to be delivered by the successful offeror.

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

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (NOV 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It ___ is, ___ is not…