69056719Q000021.pdf

REQUEST FOR QUOTATION

Transportation Infrastructure Consulting Services

Solicitation No. 69056719Q000021

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is a Time-and-Materials/Labor Hours Request for Quotation (RFQ) being issued by the Federal Highway Administration (FHWA) Western Federal Lands Highway Division (WFLHD) Acquisitions for Transportation Infrastructure Consulting Services for the WFLHD Partnering Program.

This solicitation is prepared in accordance with FAR Part 12, the acquisition of commercial items in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAC) 2019-01

This solicitation is TOTAL SMALL BUSINESS SET-ASIDE and the North American Industry Classification System (NAICS) code for this solicitation is 541611 with an industry size standard of $15.0 million and the Product Service Code (PSC) is R410. A responsible quoter is one whose offer conforms to the solicitation and will be most advantageous to the Government.

If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions in this solicitation.

It is the responsibility of the interested parties to incorporate any amendments and check the site http://flh.fhwa.dot.gov/business/simplified/ for Question and Answers.

All contractors are reminded they must be registered in the www.SAM.gov database in accordance with FAR 52.204-7, System for Award Management (SAM).

http://flh.fhwa.dot.gov/business/simplified/ http://www.sam.gov/

69056719Q000021 February 27, 2019

TABLE OF CONTENTS

SECTION A – STATEMENT OF WORK

SECTION B – COST SCHEDULE

SECTION C – SOLICITATION PROVISIONS

SECTION D – CONTRACT CLAUSES

SECTION A – STATEMENT OF WORK

A.1 Background

Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation, Federal Highway Administration (FHWA), designs and administers, primarily, road construction projects on Federal Lands in the states of Alaska, Washington, Oregon, Idaho, Montana, and Wyoming. The type of construction is generally 2‐lane roads or highways either accessing Federal lands or within Federal lands.

FLH delivers most their projects through five programs; Federal Lands Access, Federal Lands Transportation Program, Tribal Transportation Program, Defense Roads, and Emergency Relief for Federally Owned Roads (ERFO). FLH division offices also intermittently deliver “non-core” project work for county and state partners. FLH combined program and non-core work occurs in all 50 States and the US Territories. This work is to improve the transportation infrastructure owned and maintained by the following Federal Lands Management Agencies: National Park Service (NPS), US Fish and Wildlife Service (FWS), USDA Forest Service (Forest Service), Bureau of Land Management (BLM), US Army Corps of Engineers (USACE), Bureau of Reclamation and in dependent Federal agencies with land and natural resource management responsibilities.

A.2 Scope of Work

To continue to evaluate opportunities to improve Western Federal Lands (WFL) Partnering Program, WFL desires to hire a transportation industry professional team to assist leadership.

This support will be mainly focused on creating, fostering and maintaining a Partnering culture with WFLs Industry contractors. This work consists of a review of 2018 WFL partnering work and the development and delivery of a Partnering presentation at the 2019 Contractor Conference in Boise Idaho, and a post conference analysis. In addition, this work will develop further recommendations for partnering practices in 2019.

A.3 Work Performance and Quality Standards

All deliverables are subject to review and acceptance by WFLHD. Contractor will not release or otherwise make public deliverables or make public presentations concerning this project without prior written permission of WFLHD.

Contractor is responsible for the accuracy and completeness of documents and related exhibits, maps, tables, charts, etc. Document review by WFLHD is for conformity with WFLHD procedures and compliance with the contract. Review by WFLHD does not imply a detailed review or checking of the accuracy of calculations or designs.

WFLHD views Contractor’s work on this task order as support. Therefore, Contractor will not assume the role as primary contact for the public, media, or other agencies.

Document contacts with the media and requests for information on FHWA Form 1537 and submit immediately to the Government Technical Point of Contact (TPOC). Contacts with offices of elected officials shall be reported on the same or next business day to the TPOC.

A.4 Required Tasks

A.4.1 Kick-Off Meeting Conference Call

Conduct conference call with stakeholders to discuss and finalize any in-scope tasks which may or may not be included in the Statement of Work, which would then be added via modification to the purchase order.

A.4.2 Review of Current WFLHD Practices

The review shall consist of an evaluation of WFLs 2018 partnering and contractor quality control specifications and practices and shall include conducting interviews with WFLHD construction staff on current partnering and contractor quality control practices.

Information and documentation required to accomplish this task will be provided to the vendor at contract award.

A.4.3 Conference Call

Conduct conference call with stakeholders to discuss findings and develop key areas to present and discuss for the Contractor Conference to be held on 4/16/2019.

A.4.4 Contractor Conference Training with Breakout Session

Develop and deliver 2 HRS of Partnering and Contractor Quality Control Training (as per WFLHD specifications) with a conference breakout session for approximately 50 attendees scheduled to be held in Boise, ID.

These WFLHD specifications referenced here shall be delivered to the vendor no later than 5 days after contract award

A.4.5 Post Conference Analysis

Conduct post-conference analysis and provide proposed implementation roadmap for improvement initiatives in partnering and contractor quality control.

A.4.6 Conference Call

Conduct conference call to discuss findings and Partnering Road Map developed in Task A.3.5

A.5 Deliverables and Schedule

Task Description Deliverable Due Date

A.4.1 Kick-off meeting conference call to be held within 3 days of contract award

Meeting Minutes in PDF and Word formats TBD

A.4.2 Review of WFLHD 2018 Practices Summary of findings in PDF and Word formats 4/02/19

A.4.3 Conference call on 4/04/2018 Meeting Minutes in PDF and Word formats 4/05/19

A.4.4 Contractor Conference Training Onsite Presentation 04/16/19

A.4.5 Post conference analysis White Paper in PDF and Word formats 05/17/19

A.4.6 Conference call on 5/13/2018 Meeting Minutes in PDF and Word formats 05/24/19

All tasks associated with this SOW will fall under the general guidance of the Government Technical Point of Contact (TPOC).

A.6 Location of Work

Travel will be required, as necessary, to accomplish tasks. All tasks except B.3.4 shall be accomplished at the contractor’s location. Task B.3.4 shall be accomplished IN Boise, ID with the exact location/venue to be communicated to the vendor no later than 4/04/2019. All travel costs will be reimbursed based upon actual costs incurred and in accordance with the Joint Travel Regulations (JTR).

A.7 Qualifications

The desired transportation industry professionals team must have the following minimum qualifications:

• Has developed and established a minimum of two partnering programs for government highway divisions with extensive consultation of construction industry companies

• Has experience with the Federal Project (FP) Standard Specifications including a working knowledge of the FP-14

• Has developed partnering specifications and dispute prevention systems for a minimum of three government agencies

• Has developed training and or presentation materials on the following subjects:

o Partnering and quality management o Partnering facilitation o Strategic planning and project partnering

A.8 Period of Performance

It is anticipated that the period of performance shall begin on the date of award and all tasks shall be accomplished no later than 7/31/2019.

A.9 Authority to Obligate the Government

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

A.10 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

A.11 Consideration and Payment

The Government will pay the Contractor for the full performance required under the terms of this Purchase Order. The ceiling price of the Purchase Order is an estimate of the total work required. The Contractor will be paid for actual work performed. Work not performed will not be compensated.

C.12 Method of Billing and Proper Submission of Invoices

All invoices shall reference the Purchase Order Number and shall be sent to one of the following addresses:

US MAIL FedEx/UPS Western Federal Lands A/P Branch AMZ-150 Western Federal Lands A/P Branch AMZ-150 Attn: Ryan Wisniewski Attn: Ryan Wisniewski (405) 954-8252 PO Box 268865 6500 MacArthur Blvd Oklahoma City, OK 73125 Oklahoma City, OK 73169

Invoices may also be sent in Adobe PDF format by electronic mail message to 9-AMC- AMZWFLInvoices@faa.gov. The subject line of the message must include the Purchase Order Number, invoice number and Net Terms (if other than Net 30).

SECTION B – COST SCHEDULE

ITEM # DESCRIPTION QTY UNIT TOTAL

0001 Labor (see labor rate table below) 110 HR $

0002 Direct Expenses (see itemized expenses table below) 1 LS $

TOTAL $

Itemized Expenses

DESCRIPTION TOTAL

Air Travel – round-trip and related travel expenses $

Lodging (3 nights) $

Per diem $

Miscellaneous expenses $

TOTAL $

• Labor Rate Table

CATEGORY UNIT RATE

Transportation Consultant Per Hour $

Note: Quantities indicated are estimates only to be used for quotation submission.

Company Name:

Company Address:

Unique Entity Identifier (DUNS):

SECTION C – SOLICITATION PROVISIONS

C.1 Incorporated by Reference

C.1.1 Federal Acquisitions Regulation (FAR)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/?q=browsefar

52.203-18 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 -- System for Award Management (Oct 2016) 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.216-31 -- Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item Acquisition (Feb 2007)

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (Jan 2017)

1. Submission Instructions

a. Solicitation Questions

Questions regarding this requirement shall be submitted no later than Monday, 3/11/2019, at 4:00 pm Pacific Time to Doug Taylor at WFL.Purchasing@dot.gov.

To ensure all offeror’s receive the same information, replies to submitted questions will be posted on the Office of Federal Lands Highway Business website at https://flh.fhwa.dot.gov/business/simplified/ under the above referenced solicitation.

b. Quote Submission

Quotes may be submitted electronically via email or hard copy/paper by commercial carrier (USPS, UPS, FedEx, etc.) to be received no later than Thursday, 3/14/2019, at 2:00 pm Pacific Time.

https://www.acquisition.gov/?q=browsefar mailto:WFL.Purchasing@dot.gov https://flh.fhwa.dot.gov/business/simplified/

• Electronic submission: All submissions shall be in PDF format and shall be submitted via email to WFL.Purchasing@dot.gov. Electronic quotes received in any other format shall not be accepted or reviewed.

• Commercial Carrier submission: Quotes submitted by commercial carrier shall be addressed to:

Western Federal Lands Highway Division Attn: Simplified Acquisition (Mailroom – DO NOT OPEN) 610 East Fifth Street Vancouver, WA 98661-3801

c. The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects of the technical and/or cost/price submissions. Such information shall be furnished promptly upon the Government’s request.

d. Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

2. Technical and Quote Requirements

a. The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written.

If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

b. The quote MUST include the following information:

• A completed copy of the Cost Schedule (Section B) -OR- the same information on a similar vendor-generated price quote sheet which includes your Unique Entity Identifier (DUNS); and

• A completed copy of the representations and certifications at FAR 52.212-3 -OR- a statement on the quote confirming the provision is complete, current, accurate, posted in www.SAM.gov and is applicable to this solicitation; and

• A completed copy of TAR 1252.237-71 (see paragraph C.2.2 on pages 33)

• Documented proof of qualifications o List a minimum of two government agencies that past partnering programs have been developed for by you and/or your team. Include corresponding agency contacts.

mailto:WFL.Purchasing@dot.gov o List the specific Federal Project (FP) Standard Specifications that you and/or your team has experience in and briefly state their relevance to partnering and/or quality control/quality assurance.

o List the agencies that you and/or your team have developed partnering specifications and dispute prevention systems for and provide the names of your contacts at those agencies.

o Provide a past partnering and quality control management training session course syllabus/agenda that you or your team has developed and delivered.

• A list of two (2) references in the past three (3) years for the completion of similar work. Include point of contact with company or government agency, with customer phone, and email.

The Contractor agrees to hold the price in its quotation firm for no less than thirty (30) calendar days from the date specified for receipt of quotes or as requested in any subsequent amendment.

3. Evaluation Method and Basis for Award

In order to be considered for award, the offer must be determined to be technically acceptable. The technical evaluation factors for this procurement are Lowest Price Technically Acceptable (LPTA). Criteria under the LPTA process are judged on a pass-fail basis only. No other rating or qualitative value will be assigned. To be determined technically acceptable, all factors must be acceptable to obtain a pass rating for the technical proposal. Award will be made to the lowest price, technically acceptable, responsible offeror, with satisfactory past performance. The contract resulting from this solicitation will be awarded based on the following evaluation factors:

i. Right to hold discussions: The Government intends to award without discussions;

however, the Government reserves the right to enter into discussions if determined necessary.

ii. Source Selection Evaluation Process: The lowest priced quote will be considered as the quote offering the lowest price on the Schedule of Items grand total for the base and all options. The lowest priced quote will be evaluated and, if the lowest priced quote is determined to be technically acceptable, no other quote(s) will be evaluated.

If the lowest priced quote is determined to NOT be technically acceptable, the next lowest priced quote will be evaluated. This process will continue until the lowest priced, technically acceptable quote is identified.

iii. The Government will award: A purchase order resulting from this solicitation will be issued to the lowest evaluated price technically acceptable quote. The following factors shall be used to evaluate offers:

1. FACTOR 1 – Price;

2. FACTOR 2 – Technical Compliance with Solicitation Requirements

3. FACTOR 3 – Qualification;

4. FACTOR 4 – Relevant Past/Present Performance

By submission of its quote, the contractor accepts all terms and conditions, representations and certifications, and technical requirements. The Government intends to select ONE Contractor for award of this requirement.

4. Evaluation Criteria

The following criteria shall be used to evaluate the Offeror’s ability to meet all requirements identified in the SOW.

FACTOR 1 – Price:

Offeror must submit the completed Cost Schedule (Section B). The Government will evaluate the quoted price to determine that the price is valid, realistic, fair and reasonable as well as consistency and understanding of the SOW requirements.

The Government may reject any offer that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the offer is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

Award will be made to the Offeror found to be technically acceptable that offers the lowest total price submitted.

FACTOR 2 – Technical Compliance with Solicitation Requirements:

Offeror must submit ALL items identified in paragraph 2(b) of the addendum to FAR Provision 52.212-1 above. Quoters will be evaluated on a pass/fail basis with respect to this evaluation factor.

Technically Acceptable: Provided ALL required information as identified in paragraph 2(b) of the addendum to FAR Provision 52.212-1.

Technically Unacceptable: Did NOT provide all required information as identified in paragraph 2(b) of the addendum to FAR Provision 52.212-1.

FACTOR 3 – Qualifications:

Offeror must meet the qualifications as defined in paragraph A.7 of the Statement of Work and must submit documented proof of qualifications as stated in paragraph 2(b) of the addendum to FAR Provision 52.212-1 above. Quoters will be evaluated on a pass/fail basis with respect to this evaluation factor.

Technically Acceptable: Provided ALL required information as identified in paragraph 2(b) of the addendum to FAR Provision 52.212-1 and meets the qualifications as stated in paragraph A.7 of the Statement of Work.

Technically Unacceptable:

1. Did NOT provide all required information as identified in paragraph 2(b) of the addendum to FAR Provision 52.212-1; or

2. Does NOT meet the qualifications as stated in paragraph A.7 of the Statement of Work.

FACTOR 4 – Relevant Past Performance:

The Offeror’s relevant past performance provides assurance that the contractor will meet or exceed all solicitation requirements. The Offeror’s relevant past performance should demonstrate that within the past three years they have successful past performance managing, staffing, and recruiting personnel in order to meet and perform contract requirements.

Evaluation of past performance may be based on information obtained from references submitted by the offeror as well as information obtained from other sources such as CPARS, FAPPIS, PPIRS, SAM and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past three years will be evaluated with respect to past performance. Offerors that lack relevant past performance will be evaluated neither favorably nor unfavorably on past performance.

Technically Acceptable: Based on the Government’s review the contractor:

1. Evaluation(s) reflect no more than 1 marginal and no unsatisfactory ratings and the CO has no other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance; or

2. Past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or neutral) past performance.

Technically Unacceptable: Based on the Government’s review the contractor:

1. Evaluation(s) received reflect more than 1 marginal or 1 or more unsatisfactory ratings; or

2. The CO has other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance.

C.2 Full Text Provisions

C.2.1 Federal Acquisition Regulation (FAR)

52.203-98 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Feb 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

52.209-11 -- Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 -- Instructions to Offerors – Commercial Items (Oct 2018) (DEVIATION 2018-02)

(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.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(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 subpart 4.10 of the Federal Acquisition Regulation), or alternative 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 (https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(j) Unique entity identifier. ((Applies to all offers exceeding $3,500 [$10,000], and offers of $3,500 [$10,000] or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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 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 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.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Oct 2018)

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 (u) 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.

“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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov

“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.

“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— http://uscode.house.gov/

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“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 http://uscode.house.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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.

“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 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 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ll.

[Offeror to identify the applicable paragraphs at (c) through (u) 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 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 business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it

□ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it

□ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.