Fuel_Oil_test_SOL_SOW_CL.pdf

SEE ADDENDUMIS CHECKED.

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

MARAD-00091

WASHINGTON DC 20590-0001

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

US DOTMARITIME ADMINISTRATION

MARAD-00091 CODE 16. ADMINISTERED BYCODE

X

8(A)

HUBZONE SMALL BUSINESS

X

X

SEE SCHEDULE

BLOCK IS MARKED

541380

SIZE STANDARD:

100.00% FORSET ASIDE

UNRESTRICTED

MARAD-00091

RFPIFB

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

DESTINATION UNLESS

NAICS:

SMALL BUSINESS

12. DISCOUNT TERMS

03/21/2018 1200 ET

02/22/2018

202-366-1737Donald Coonan (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

693JF718R000009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3MAPR61118000004OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20590-0001

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

MAR-380

OFFICE OF ACQUISITION

US DOTMARITIME ADMINISTRATION

15. DELIVER TO

WASHINGTON DC 20590-0001

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

US DOTMARITIME ADMINISTRATION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK BELOW

ISSUE DATE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Maritime Administration procurement is for

Marine fuel oil testing services for its fleet.

This procurement is a total set aside for small business.

The successful offeror must be current and registered with Sam.gov at the time of award.

All quotes and Past Performance Questionnaires

(PPQ) are due at noon (Eastern time) on March 21, (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Wilbur Turner

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 4/2002)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

30b. NAME AND TITLE OF SIGNER (Type or Print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

PREVIOUS EDITION IS NOT USABLE

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 4/2002) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2018.

Quotes shall be submitted in PDF format to both the email addresses below:

Donald E. Coonan don.coonan@dot.gov

Contract Specialist

Maritime Administration

Wilbur Turner wilbur.turner@dot.gov

Contracting Officer/Team Lead

Maritime Administration in addition to the electronic copies, five paper copies of the proposal should be sent to:

Donald E. Coonan

Department of Transportation/

Maritime Administration

W 26-443

1200 New Jersey Ave. SE

Washington, DC 20590 please see statement of work and solicitation for all requirements of this procurement.

Period of Performance: 07/17/2018 to 07/16/2023

00001 Fuel oil testing services for Maritime

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693JF718R000009

Administration vessels. Please see the statement of work and solicitation for all requirements of this procurement.

Base Year period of performance July 17, 2018 through July

16, 2019

Delivery: 07/16/2019

00002 Option Year 1: Fuel oil testing services.

Period of performance July 17, 2019 through July

16, 2020

(Option Line Item)

06/16/2019

Delivery: 07/16/2020

00003 Option Year 2: Fuel oil testing services.

Period of performance July 17, 2020 through July

16, 2021.

(Option Line Item)

06/16/2020

Delivery: 07/16/2021

00004 Option Year 3: Fuel oil testing services.

Period of performance July 17, 2021 through July

16, 2022

(Option Line Item)

06/16/2021

Delivery: 07/16/2022

00005 Option Year 4: Fuel oil testing services.

Period of performance July 17, 2022 through July

16, 2023

(Option Line Item)

06/16/2022

Delivery: 06/16/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

1.0 General

1.1 Introduction

The purpose of this contract is to establish a fuel oil quality management program and to test marine fuel oils and bunkers. The U.S. Department of Transportation Maritime Administration’s National Defense Reserve Fleet (NDRF) supports the Department of Defense with the rapid worldwide deployment of U.S. military personnel, equipment, and supplies. The ships in the NDRF require a fuel oil quality management program, of which this contract for laboratory services will be a part.

1.2 The NDRF ships are divided into various subsets that are managed differently depending on the program that they support. The subsets are the Ready Reserve Force (RRF), School Ships, and Missile Defense Agency Support.

1.2.1 The Ready Reserve Force (RRF) is a key element of strategic sealift. The RRF also provides humanitarian support in the event of natural disasters, extreme weather events, and other such circumstances that warrant vessel activation. The RRF is structured to transport military equipment and provide initial re-supply for forces deploying anywhere in the world. The ships are maintained and operated by commercial ship management companies under contract to the MARAD. At present the RRF fleet consists of forty-six (46) vessels maintained in a determined state of readiness located at various ports throughout the United States on the Atlantic, Gulf, and Pacific Coasts.

1.2.2 There are eight (8) vessels serving as School Ships for the nation’s maritime academies.

These vessels operate worldwide and located in: Castine, ME; Buzzards Bay, MA;

Bronx, NY; Kings Point, NY; Traverse City, MI; Galveston, TX; Vallejo, CA; and Piney Point, MD.

1.2.3 There are two (2) vessels supporting the Missile Defense Agency (MDA) that are currently located in Portland, OR, and also operate worldwide. They are maintained and operated similarly to the RRF.

1.3 MARAD Fuel Oil Quality Management Program

The MARAD Fuel Oil Quality Management Program serves all the vessels in NDRF program, including the MARAD RRF, School Ship, and MDA vessels. The Fuel Oil Quality Management Program for the vessels is managed from the Office of Ship Operations, located at MARAD Headquarters in Washington, DC. The function of this program is for the vessel’s personnel to take fuel oil samples under prescribed operating conditions and time frames and submit these samples to an approved fuel oil testing laboratory for expert analysis to assist and determine the conditions of the fuel. The results of this analysis are then received by the vessel, vessel ship managers, vessel contracting officer’s representative (COR), and the MARAD Fuel Oil Quality Management Program COR. Any action as required by the results of the analysis will be carried out by vessel personnel or a vessel designate.

1.4 Technical Assistance Required

1.4.1 MARAD requires the contractual services of an established fuel oil analysis laboratory to have the capability to receive, analyze, report, and provide expert professional guidance to assist in the vessel’s maintenance, complying with any, and all regulations as delineated in the technical requirements noted below.

1.4.2 The contractor shall be capable of conducting forensic analysis of unidentified material that may be discovered in the fuel oil sample coming from anywhere within the fuel oil transfer system including, machinery, piping, storage tanks, etc. These forensic analysis tests will be requested independently on an as needed basis.

1.4.3 The contractor shall also be capable of performing a cylinder oil drain analysis of the piston underside. These tests will be requested independently on an as needed basis.

1.4.4 Firms submitting quotes will also provide with the quote sample analysis reports of the services requested.

1.4.5 Firms submitting quotes must have a laboratory located in the United States and an international presence with approved laboratory facilities overseas to expedite testing of fuel samples from deployed ships to the European, Asian, Middle East regions if required.

CLIN SERVICES SPECIFIC

S

BASE

YEAR

OPTI

ON

YR1

OPTIO

N YR2

OPTIO

N YR3

OPTI

ON

YR4

FREQU

ENCY

0001 Sample Kit *Note (1) 184 Bottles

Bottle s

Bottles

Bottles

Bottle s

As required

*Note (1) Each sample kit will include as minimum supplies: 4 sample bottles and caps, 4 bottle labels, 4 security seals, 1 IATA approved return shipping carton, and 1 pre-printed return shipping label.

0002 Sampling Equipment

A price list will be provided for MARPOL compliant sampling equipment. This includes: sampling flanges, sample thief, line samplers, seals, and disposable drip container for collecting samples. This contract will pay for cost of the items only if needed by the ship and approved by the COR.

0003 Shipping of Sample Kits

Cost of shipping to ship from lab

Sampl e Kits

Sampl e Kits

Sample

Kits

Sample

Kits

Sampl e Kits

As required

0004 Fuel Oil Quality Analysis

All Bunker Samples

Tests

Tests

Tests

Tests

Tests

As required

0005 Fuel Oil Quality Analysis

Storage Tanks

* Note (2)

0 Test 0 Test 0 Test 46 Tests

Tests

As required

* Note (2): Due to reduced operating status, MARAD ships only maintain between 5 and 14-days of fuel onboard. The fuel in the storage tanks may be over 2-years since last refueling. Fuel samples in storage tanks will be taken on a periodic basis.

0006 Cylinder Oil Drain Analysis

Piston Underside

Tests

Tests

Tests

Tests

Tests

As required

0007 Fuel Oil Forensic Analysis

0 Test 0 Test 0 Test 0 Test 0 Test As required

0008 Fuel Oil Quality Analysis

Same Day Turnaroun d

0 Test 0 Test 0 Test 0 Test 0 Test As required

0009 Tailored Services

The fuel oil testing service provider will be able to offer training courses and specially designed in-houses seminars on marine fuel management.

This includes comprehensive technical advisory services on fuel quality and proper management of fuels.

As required

2.0 Technical Requirements

The MARAD Fuel Oil Quality Management Program for testing marine intermediate fuel oils (IFO) and distillate marine fuels requires a proven fuel oil analysis laboratory to provide services meeting the following criteria:

2.1 The contractor laboratories must be capable of testing ultra-low Sulphur fuel.

2.2 The contractor laboratories must be ISO/IEC 17025 accredited (General Requirements for the

Competence of Testing and Calibration Laboratories) at the time of quote.

2.3 At a minimum, the laboratory must be able to perform fuel oil quality testing to the ISO 8217:2017 standard. In addition to routine testing, laboratories must have the in-house capability to perform forensic testing of fuels (i.e. non-routine testing). The contractor must have proven past experience in fuel testing on from ships (i.e. shipboard marine machinery) or from shore side power plants.

2.4 The contractor must be able to provide test results within 72-hours from time of receipt of the oil samples. Upon special conditions, as determined by MARAD Ship Managers, same day turnaround must be provided as required (i.e. same day analysis and notification to vessel). The above-mentioned supplies shall arrive within five business days after order is placed. The ship will pay for return shipping of the samples to the testing facility.

2.5 The contractor will provide a web-based accessible (password protected) program for both program information and analysis results. Access will be manageable such that individuals have only permission to view the results of their vessel, group of vessels, or region. All points of contact (POC) will be provided and/or approved as needed by MARAD and provided to the contractor’s database administrator. MARAD shall have data ownership of fuel oil analysis results for the entire Fleet. Firms submitting bids will provide a sample user account for access to their web-portal to evaluate the criteria listed below.

Account Administration ADM1 User (also referred to as ship) accounts will be established for each individual ship.

ADM2 Administrator accounts will be established for regional users, ship managers, and headquarter organizations.

ADM3 Users and administrators will be notified with a confirmation e-mail when account requests are received and created.

Fuel Oil Testing Provider Web-based Portal Services

WEB1 Users will be able to generate a request for fuel oil sampling through the web-based portal.

WEB2 Web-based portal will be able to generate shipping documentation for the fuel oil sample.

WEB3 Web-based portal will be able to send automated notifications monitoring the transportation of the test samples.

WEB4 Users will be able to obtain fuel oil testing results and generate analytical reports through the web-based portal.

WEB5 In addition to user reports, administrators will be able to generate analytical reports for managing the fleet of assigned ships.

WEB6 Users and administrators will have a dashboard on the web-based portal with access to information to the fleet of assigned ships.

WEB7 Users will be able to submit an order for supplies through the web-based portal.

WEB8 Users will have a user guide tailored for MARAD and be made available on the web-based portal.

WEB9 Web-based portal will have a Frequently Asked Question (FAQ) section.

Customer Service

SER1 The fuel oil testing service provider will have global customer service available including a US and overseas phone contact number.

SER2 The fuel oil testing service provider will notify ships by e-mail when fuel oil test results are available.

SER3 The fuel oil testing service provider will have in the report, a point of contact that ships can consult directly with analyst on the results of their fuel oil tests.

2.6 MARAD uses Nautical Systems Enterprise (NSE) database system for planned maintenance.

The service provider database must be able to transfer electronic test reports and test results data through a non-proprietary format such as comma separated value (CSV) or extensible markup layer (XML) connecting through file transfer protocol (FTP) services. MARAD NSE database administrators will work with the service provider’s database administrators to properly format the data fields. The rights to this vessel maintenance software management system are owned by the American Bureau of Shipping, Houston, TX.

2.7 Routine sampling and testing that is required must include, at a minimum:

Distillate Marine Fuels Characteristic Test Method

Reference Kinematic viscosity at 40C ISO 3104

Density at 15C ISO 3675 or ISO 12185

Specific Energy See ISO 8217:2017

Cetane index ISO 4264

Sulfur ISO 8754

ISO 14596

Flash point ISO 2719

Hydrogen sulfide IP 570

Acid number ASTM D664

Total sediment by hot filtration ISO 10307-1

Oxidation stability ISO 12205

Carbon residue: Micro method on the 10% volume distillation residue

ISO 10370

Carbon residue: micro method ISO 10370

Cloud point ISO 3015

Pour point (upper) Winter quality ISO 3016

Summer quality ISO 3016

Appearance Clear and bright

Water ISO 3733

Ash ISO 6245

Lubricity, corrected wear scar diameter at 60C ISO 12156-1

Residual Marine Fuels Characteristic Test Method

Reference Kinematic viscosity at 50C ISO 3104

Density at 15C ISO 3675 or ISO 12185

CCAI See ISO 8217:2017 6.3a)

Sulfur ISO 8754

ISO 14596

Flash point ISO 2719

Hydrogen sulfide IP 570

Acid number ASTM D664

Total sediment aged ISO 10307-2

Carbon residue: micro method ISO 10370

Pour point (upper) Winter quality ISO 3016

Summer quality ISO 3016

Water ISO 3733

Ash ISO 6245

Vanadium IP 501, IP 470 or

ISO 14597

2.8 For non-routine or forensic testing, where in-depth testing and analysis is required, all firms submitting quotes shall demonstrate capabilities and past experience. Download past performance questionnaire (PPQ) and email to current or recent customers. Have customer send email in PDF format directly to MARAD at address below. MARAD will be considering past performance from a variety of sources including, but not limited to PPQ, and CSPARS.

Donald E. Coonan don.coonan@dot.gov Contract Specialist

2.9 Analysis Procedures. The MARAD and school vessels will send samples to the contracted laboratory. Upon receipt, the laboratory will notify via email to the vessel that the samples have been received. The email recipients will include the points of contact (POC) as supplied to the contracted laboratory by MARAD HQ. The samples will be analyzed in the aforementioned specified time frame with the results sent via email and posted on the contractor’s website with notification to all POC on such posting under the time frame established in these requirements.

3.0 Proposals

3.1 Firms submitting quotes must provide objective quality evidence that confirms the firm’s capabilities in regards to fuel oil analysis, as well as the firm’s expertise in maritime business processes, practices, and protocols or power plants with similar technology.

3.2 Period of performance will be a base year plus four option years.

3.3 Offerors shall submit a management proposal (maximum of four pages exclusive of resumes) providing the following information:

3.3.1 Recent (within last three years) corporate experience relative to the items in the Statement of Work.

3.3.2 Qualifications of persons who will staff the contract. Include resumes.

3.3.3 Proposal should include two references and specify the contract name and scope of similar. Please download past performance questionnaire sent to references. Have references send questionnaires directly to MARAD Office of Acquisition.

Questionnaires received directly from firms submitting quotes will not be considered.

Past performance will include, but is not limited to, questionnaire responses and CPARS data.

3.4 Firms submitting quotes will submit a technical proposal (maximum of five pages, exclusive of the example fuel oil analysis report) addressing their understanding of each requirement listed in the SOW and stating how the work will be accomplished. All firms submitting quotes must supply an example copy of their fuel oil analysis report.

3.5 All offers shall be evaluated for fair and reasonable price, technical acceptability, satisfactory past performance, delivery schedule, and clear indication that the offeror understands the requirements in the SOW. The Government reserves the right to award to the contractor whose offer represents the best overall purchase value to the Government. As such, the basis for contract award will include an evaluation of proposed contractor quality performance history. The following factors shall be used to evaluate: (i) technical capability of the service offered to meet the Government requirement; (ii) past performance; (iii) personnel qualifications; (iv) price. All evaluation factors other than price, when combined, are more important than price.

Document No.

693JF718R000009

Document Title MARAD Fuel Testing

COMMERCIAL CLAUSES

1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

Clauses Incorporated by Full Text

52.212-1 Instructions to Offerors—Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Items (Jan 2017)

(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.

Clause Title Date 52.212-4 Contract Terms and Conditions--Commercial Items Jan 2017 52.213-2 Invoices April 1984 52.216-24 Limitation Of Government Liability April 1984 52.222-20 Walsh-Healy Public Contracts Act May 2014 52.227-17 Rights in Data—Special Works (Dec 2007) 52.232-01 Payments April 1984 52.232-08 Discounts for Prompt Payment February 2002 52.232-11 Extras April 1984 52.232-25 Prompt Payment Jan 2017 52.233-01 Disputes May 2014 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.244-06 Subcontracts for Commercial Items Nov 2017 52.232-18 Availability of Funds April 1984 52.243-01 Changes--Fixed Price August 1987 http://acquisition.gov/far/current/html/FARTOCP52.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 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.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

(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, and offers of $3,500 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) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(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;

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(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.

(End of provision)

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Items (Oct 2014)

(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:

_Technical Capability_______________________________________________

_Past Performance__________________________________ _Price______________________________________________

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR ]

Technical and past performance, when combined, are slightly more important 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)

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Items (Nov 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. 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.

“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— https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 https://www.sam.gov/portal http://uscode.house.gov/

(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—

(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).

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“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 company that only 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 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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (t) 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.

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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. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and…