36C26224Q1724.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office (NCO) 22 Carl T. Hayden VA Medical Center (VAMC) 650 East Indian School Road Phoenix, AZ 85012-1839

POINT OF CONTACT*

Contracting Officer Norman Napper-Rogers Norman.Napper-Rogers@va.gov

PLACE OF PERFORMANCE

VA Loma Linda Healthcare System (VALLHCS)

Jerry L. Pettis VA Medical Center (VAMC)

11201 Benton Street

Loma Linda CA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

This solicitation is set-aside for 100% Service-Disabled Veteran-Owned Small Business (SDVOSB), IAW VAAR 819.7007 VA veteran-owned small business set-aside procedures. VAAR Subpart 819.70, the Veterans First Contracting Program.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238210, with a small business size standard of $19.0 Million.

The FSC/PSC is H959.

The VA Loma Linda Healthcare System (VALLHCS), Jerry L. Pettis VA Medical Center (VAMC), located at 11201 Benton Street, Loma Linda, CA 92357-1000, is seeking to purchase an Arc Flash Analysis.

All interested companies shall provide quotations for the following:

Supplies/Services

STATEMENT OF WORK (SOW)

1. Contract Title

Arc Flash Analysis.

2. Background

The VA Loma Linda Healthcare System (VALLHCS) Facility Maintenance Services require immediate award of Arc Flash Analysis to be in compliance with required electrical inspections, of the electrical distribution system. As per the NFPA99, NFPA 70E, IEEE, and the Join Commission, the VA is required to perform inspections of all switchgears, switchboards, distribution panels, motor control centers and all related components every 5 years. The Arc Flash analysis shall be updated when a major modification or renovation takes place. It shall be reviewed periodically, not to exceed 5 years, to account for changes in the electrical distribution system that could affect the results of the Arc Flash Analysis. The services shall comply with this Statement of Work (SOW), all VA, local, state, and Federal policies, and regulations.

3. Objective

The objective of this service contract is to have a contractor to provide all labor, materials, supplies, tools, equipment, parts, software (needed for the general operation of the equipment), travel, ICRA Barriers, supervisors, and qualified personnel to complete the Arc Flash Analysis, and be in compliance with article 130.5 Arc Flash Hazard Analysis, of the NFPA 70E, at the VA Loma Linda Healthcare System. An Arc Flash Hazard Analysis shall determine the Arc Flash Boundary, the incident energy at the working distance, and the personal protective equipment that personnel within the Arc Flash Boundary shall use.

4. Scope

4.1. Requirements:

4.1.1. Contractor shall provide all labor, test equipment, tools, contractor own service generator, materials, supplies, freight costs, and transportation to accomplish Arc Flash Analysis inspection and updating of VA Loma Linda Healthcare System (VALLHCS) electrical systems. The contractor shall complete all tasks outlined in this Statement of Work and in accordance with the follow standards:

4.1.1.1. OSHA 29-CFR 1910.333, 1910.335 (a) (1) (i), 1910.132 (d)(1) and 1910.335 (b)(1)

4.1.1.2. NFPA 70E 130.5, 130.7 (c) (16)

4.1.1.3. NEC110.16,110.22

4.1.1.4. IEEE 1584

4.1.1.5. ANSI Z535.4

4.1.2. The equipment to be analyzed includes all the electrical equipment that would create a hazardous Arc Flash (arc-blast). The evaluation shall include the collection of pertinent electrical data, a detailed Arc Flash analysis, a report detailing findings, correction action plan and the placement of Arc Flash labels on every electrical component analyzed. Any equipment having the capability of creating a hazardous Arc Flash, capable of delivering at least “incident energy” of 1.2 cal.cm2 to the skin at 18 inches or greater per IEEE 1584.

4.1.3. The data collected shall include transformer nameplates, conductor sizes/number per phase /lengths, motors larger than 50 hp, circuit breaker catalog numbers and settings, fuse catalog numbers and onsite generator nameplates. All data shall comply with NFPA 70E,

4.1.4. The contractor shall place Arc Flash warning labels on all evaluated equipment as per NEC 110.16 and NFPA 70E 130.5 (C) The labels shall have the following:

4.1.4.1. Name /number of the equipment

4.1.4.2. Name of the feed equipment

4.1.4.3. Incident energy

4.1.4.4. Arc Flash boundary

4.1.4.5. Arc Flash hazard category

4.1.4.6. Available short circuit current

4.1.4.7. Nominal system voltage

4.1.4.8. Shock hazard boundaries

4.1.4.9. Glove class for shock hazard

4.1.4.10. Date of analysis

4.1.4.11. Orange color for H/R category 0-4 per ANSI Z535.4

4.1.4.12. Red color for H/R above category 4 per ANSI Z535.4

4.1.5. The data collected, along with the one-line diagrams are to be analyzed by a licensed professional Electrical engineer knowledgeable in the use of electrical engineering software and Arc Flash hazard. The analysis shall meet IEEE 1584 and NFPA 70E standards. The software program utilized shall be, Easy Power, PTW or equivalent and is used to determine:

4.1.5.1. Short Circuit Study

4.1.5.2. Device interrupt rating and evaluation study

4.1.5.3. Protective device coordination study

4.1.5.4. Arc Flash analysis

4.1.5.5. Provide written analysis report.

4.1.6. Contractor shall produce power system one-line diagrams from analysis of data collected. The diagrams shall include hard copies and PDF versions.

4.1.7. A complete report detailing all services and findings will be furnished in a timely manner once work has been completed.

4.1.8. Reports shall contain a section covering the procedure used to make necessary tests and a description of the test equipment used.

4.1.9. Reports shall have a section containing a summary of all test results and the contractor shall make recommendations based on a component engineering analysis of the test data. Recommendations will include areas where immediate action is required and recommended areas where additional maintenance needs to be performed.

4.1.10. Reports shall be submitted in an original and four (total of 5) copies to the VA COR (Contracting Officer Representative within 30 days of work completion.

4.1.11. Contractor is responsible for all subcontractors required to complete reports.

4.2. Specific Requirements:

4.2.1. Contractor shall schedule start date with POC or designee five (5) business days in advance.

4.2.2. Contactor personnel shall have valid Loma Linda PIV badges before starting work.

4.2.3. Contractor shall coordinate energy source LOCK OUT /TAG OUT procedures with VALLHCS Electrical Supervisor before starting work. When work is complete, Contractor shall notify the VALLHCS Electrical Supervisor that energy sources will be restored and require verification.

4.2.4. Contractor’s supervisor or lead technician are to check in with VALLHCS Electrical Supervisor, or in their absence, with Graphics Control prior to work each day.

4.2.5. Contractor shall conform to the following standards, policies, regulations, governing agency, and any other local, state, or Federal guidelines that are not listed here.

4.2.6. OSHA 29CFR Regulations, www.osha.gov

4.2.7. NFPA 70E, www.nfpa.org

4.2.8. ANSI/NETA MTS-2019

4.2.9. IEEE

4.2.10. NEC

4.3. Licensing Requirements:

4.3.1. Offeror must possess a 30-hour Occupational Safety and Health Administration (OSHA) safety card.

4.3.2. Electrical C-10 License

4.3.3. NFPA and/ or NICET certification.

4.4. Additional Information:

4.4.1. There is an existing Arc Flash Study. We do not know the software use to produce it.

4.4.2. One-line diagrams can be supplied upon request after award.

4.4.3. The Arc Flash study includes 3Phase 12kv, 3 Phase 408/277v, and 3 Phase 208/120v. Transformers, power panels, load centers, and disconnects.

4.4.4. The flash study will cover the whole campus of VA Loma Linda Hospital electrical system normal and emergency systems.

4.4.5. All equipment would still be included in analysis, study deliverables, and final report. All equipment is to be labeled.

4.4.6. The Arc Flash analysis shall be updated when a major modification or renovation takes place. This will be covered under the Over and Above CLIN as needed with express authorization of the Contracting Officer.

4.4.7. VA Form 10091 and W-9 must be sent to Financial Services as this is for the processing of payment and vendor registration.

4.4.8. There will be a site-walk on Monday August 19, 2024, at 9:00 am local time. Contact the COR Jonathan S. McWhite, (909)825-7084 x2177, Jonathan.Mcwhite@va.gov to coordinate.

4.4.9. There are no current as-built drawings of any modifications / additions since the last current single-line. There are some add panels that are not on the one-line.

4.4.10. Contractor is responsible for obtaining the utility data needed for the studies.

4.4.11. There is only one meter, with two (2) feeds.

4.4.12. The Main Switchgear only has one feed coming into the hospital. The PE Gear that is owned by SCE has 2 feeds. The contractor will only work from the switchgear to all electrical rooms on camps.

5. Security Requirements

The C&A requirements do not apply, and Security Accreditation Package is not required.

This service does not involve Contractor connection of one or more contractor-owned IT devices (such as laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public network) therefore Information Technology (IT) Security certification and accreditation (authorization) (C&A) requirements do not apply per VA Handbook 6500.6.

6. Data Rights:

6.1. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

7. Period of Performance

Work Hours

Normal hours of operation are Monday through Friday from 8:00 am to 4:30 pm Pacific time. All work is expected to be performed generally during normal hours of coverage unless requested or approved by the COR or his/her designee.

Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building. All work performed, to include delivery of materials and equipment, shall be made with minimal interference to Government operations and personnel.

Work performed outside the normal hours of coverage must be approved by the COR or his/her designee.

All time shall be approved in advance by the Contracting Officer’s Representative (COR). Allow 5-days for approval of any alternate working hours needed.

Federal Holidays

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America.

8. Identification, Check-in, Parking, and Smoking Regulations

Identification

The vendor's employees shall wear visible identification at all times while on VALLHCS premises. Contractor employees shall report to VA Police upon entry to the VALLHCS facility to get a visitor badge. Contractor employees are required to be escorted by the COR or designee’s office once on campus prior to commencement of work. During emergencies contractor personnel shall check in with VALLHCS Police if the VALLHCS COR or designee is not available.

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Parking

It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

Smoking

Veterans Health Administration (VHA) Directive 1085, dated March 5, 2019, provides a comprehensive smoke-free policy for patients, visitors, contractors, volunteers, and vendors, at the Department of Veterans Affairs (VA), Veterans Health Administration (VHA) health care facilities. This updated VHA directive implements a smoke-free policy for patients, visitors, contractors, volunteers, and vendors at VA health care facilities, as defined in this directive, based on scientific evidence regarding the adverse health effects of secondhand and thirdhand smoke exposures.

The Assistant Deputy Under Secretary for Health for Administrative Operations (10NA) and the Assistant Deputy Under Secretary for Health for Clinical Operations (10NC) are responsible for the contents of this directive. Questions may be referred to VHA Smoke Free: vhasmokefree@va.gov.

This VHA directive is scheduled for recertification on or before the last working day of March 2024. This VHA directive will continue to serve as national VHA policy until it is recertified or rescinded.

Weapons and Contraband

Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, shall be subject to search. Violations of VALLHCS regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Safety

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VALLHCS shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137.

Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

9. Contractor Personnel

Contractor’s Program Manager

The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Contractor’s Employees

The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

10. Contractor Qualifications & Other Responsibilities

Contractor shall obtain all necessary licenses required to perform this work. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

The Government reserves the right to accept or reject Contractor’s employee for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

11. Insurance Coverage

The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

Contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

12. Invoicing and Payment

Overtime & Holiday Pay

Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

Contractor will bill and be paid for actual services provided by Contractor personnel. Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

Invoices

Payment of services rendered under this contract shall be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting. Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

The Government shall not authorize payment until such time that the VALLHCS COR all properly executed and signed documentation.

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

The purchase order period of performance is 09/01/2024 - 08/31/2025, with an FOB of Destination.

Place of Performance/Place of Delivery

VA Loma Linda Healthcare System (VALLHCS) Jerry L. Pettis VA Medical Center (VAMC) 11201 Benton Street, 1D-01 Loma Linda, CA

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

· FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

· Addendum to FAR 52.212-1, “Instructions to Offerors—Commercial Products and Commercial Services”

· FAR 52.252-1, “Solicitation Provisions Incorporated by Reference” (FEB 1998)

· FAR 52.204-7, “System for Award Management” (OCT 2018)

· FAR 52.204-16, “Commercial and Government Entity Code Reporting” (AUG 2020)

· FAR 52.217-5, “Evaluation of Options” (JUL 1990)

· VAAR 852.239-75, “Information and Communication Technology Accessibility Notice” (FEB 2023)

· FAR 52.204-29, “Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures” (DEC 2023)

· FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services” (NOV 2021)

· FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” (MAY 2024)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (NOV 2023)

· ADDENDUM to FAR 52.212-4, “Contract Terms and Conditions—Commercial Products and Commercial Services” applies to and is included with this acquisition.

· FAR 52.252-2, “Clauses Incorporated by Reference” (FEB 1998)

· FAR 52.203-17, “Contractor Employee Whistleblower Rights” (NOV 2023)

· FAR 52.204-9, “Personal Identity Verification of Contractor Personnel” (JAN 2011)

· FAR 52.204-13, “System for Award Management Maintenance” (OCT 2018)

· FAR 52.204-18, “Commercial and Government Entity Code Maintenance” (AUG 2020)

· VAAR 852.203-70, “Commercial Advertising” (MAY 2018)

· VAAR 852.204-70, “Personal Identity Verification of Contractor Personnel” (MAY 2020)

· FAR 52.217-8, “Option to Extend Services” (NOV 1999)

· FAR 52.217-9, “Option to Extend the Term of the Contract” (MAR 2000)

· VAAR 852.219-73, “VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses” (JAN 2023)

· VAAR 852.219-75, “VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction” (JAN2023)(Deviation)

· VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2018)

· VAAR 852.242-71, “Administrative Contracting Officer” (OCT 2020)

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (MAY 2024)

The following subparagraphs of FAR 52.212-5 are applicable: subparagraph (b)(5), (9), (11), (12), (25), (26), (31), (33), (34), (36), (39), (46), (51), (55), (59), (c)(1), (7), and (8).

All invoices from the contractor shall be submitted electronically in accordance with VAAR clause 852.232-72, “Electronic Submission of Payment Requests.” This is accomplished through the Tungsten Network, located at: http://www.fsc.va.gov/einvoice.asp. This is mandatory and the sole method for submitting invoices.

All quoters shall submit the following: All information required by FAR 52.212-1(b) Submission of Offers.

All quotes shall be sent to the Network Contracting Office (NCO), at Norman.Napper-Rogers@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Options will be evaluated at time of award.

The following are the decision factors: Price, and past performance, with price more important.

Past performance will be based on CPARS and FAPIIS ratings. No rating in CPARS is equal to a neutral rating.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of questions shall be received no later than Friday, 08/16/2024, 14:00 PDT at Norman.Napper-Rogers@va.gov only. Subject line shall include “QUESTIONS TO RFQ 36C26224Q1724.”

Submissions shall include your quote, using the attached schedule, as well as a capabilities statement with qualifications proving all certifications and education required for the work being conducted in the SOW. Submissions not meeting all requirements of the SOW will be considered “ineligible for award”.

Submission of your response shall be received not later than Friday, 08/23/2024, 10:00 PDT at Norman.Napper-Rogers@va.gov only. Subject line shall include “RESPONSE TO RFQ 36C26224Q1724.”

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact Norman Napper-Rogers Contracting Officer Norman.Napper-Rogers@va.gov

A.1 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 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)

A.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

Price Past Performance

Technical and past performance, when combined, are less than 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.

(End of Provision)

Combined Synopsis/Solicitation Notice