SOL_70LGLY19BGLB00006_PGS_346-352.pdf

Section E – Solicitation Provisions

E-1 52.203-2 Certificate of Independent Price Determination. (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or

(iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

E-2 52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)

E-3 Addendum to 52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)

This is a set-aside exclusively for Service-Disadvantaged Veteran-Owned Small Business Concerns (SDVOSB), NAICS 561730. Solicitation method is Sealed Bidding in accordance with FAR Part 14. The Government shall conduct a Site Visit prior to opening of bids. The Bidder is requested to submit prices in accordance with the pricing schedule of this solicitation.

E-4 52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

Pre-Bid Conference/Site Visit:

A pre-bid conference/site visit will be held as stated below:

Location: Federal Law Enforcement Training Centers (FLETC)

Time:

Date:

Building 1 – Visitors Center (Main Gate) 1131 Chapel Crossing Road Brunswick (Glynco), Georgia 31524

9:00 AM EST

August 15, 2019

Parties interested in attending the SITE VISIT shall submit Badge Application Form (FTC- SEM-17Z), Attachment 5 to Gretchen Lovell via Email: Gretchen.Lovell@fletc.dhs.gov, no later than August 13, 2019 EST. This information is necessary to coordinate Government facility access. Bus transportation will be provided for Attendees to be transported from the Visitors Center, Building 1 to the site areas. Therefore, it is requested that offerors limit the number of attendees representing their company to a maximum of two. NOTE: No cameras, video cameras, or recording devices are permitted.

The purpose of this conference is to conduct a tour of the areas of responsibility covered by this requirement. Attendees are encouraged to dress appropriately but comfortably. All questions regarding the Invitation for Bids (IFB) shall be submitted in writing within two (2) calendar days mailto:Gretchen.Lovell@fletc.dhs.gov after the site visit. No questions will be accepted after this deadline. Prospective bidders are requested to submit written questions to Gretchen Lovell via Email:

Gretchen.Lovell@fletc.dhs.gov. Submitted questions should specify the section and paragraph of the IFB for which clarification is desired. Written replies to questions will be provided to each attendee as an amendment to the IFB.

BIDS SUBMISSION:

Bidders must submit sealed bids to be opened at the established time and place for the public opening of bids. A proposed price shall be submitted for each Contract Line Item (CLIN), defined on the Standard Form 1449; Acknowledgement of all amendments to this solicitation shall be made when submitting the proposal. Failure of an offeror to comply with requirement to receipt of all amendments (when applicable) may render the offeror non-responsive to the terms of the solicitation. All Bids shall be submitted by the following due date:

Bid Opening Date/Time: September 5, 2019, 2:00 PM EST

Location: Bids shall be mailed OR delivered by hand to:

Federal Law Enforcement Training Center (FLETC) Procurement Division, Building 93 Attn: Gretchen Lovell, Solicitation 70LGLY19BGLB00006 1131 Chapel Crossing Road Glynco, GA 31524

The bidder package shall include the following submission to be considered for an award:

• Bid Form Standard Form 1449

• Price Section B

Parties interested in attending the bid opening shall notify Gretchen Lovell via email Gretchen.Lovell@fletc.dhs.gov no later the August 30, 2019, 4:30 p.m. Attendee must provide the following details in the email: Company Name, name of individuals (maximum of 1 individuals per company) and completed Badge Application Form (FTC-SEM-17Z), Attachment 5 that will be in attendance. The information is necessary to coordinate Center access. Failure to provide the completed form, will result in attendee being denied Center access. NOTE: Foreign Nationals that have not been previously vetted will be permitted to attend sit visit due to the additional time needed to be vetted (approximately 30 days).

EVALUATION FACTORS FOR AWARD

E-5 52.212-2 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:

[ Price ]

Bidders will be evaluated on an all or none basis inclusive of the option years. Award will be made to the lowest responsive, responsible bidder, whose bid conforms to the solicitation. Bids shall be evaluated without discussions.

(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)

E-6 52.214-3 Amendments to Invitations for Bids. (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b)(1) Bidders shall acknowledge receipt of any amendment to this solicitation-

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

E-7 52.214-4 False Statements in Bids. (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

(End of provision) E-5 52.214-5 Submission of Bids. (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

(End of provision)

E-8 52.214-6 Explanation to Prospective Bidders. (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

(End of provision)

E-9 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and -

(i) If it was transmitted through an electronic commerce method authorized by the IFB, 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 bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids 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.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(End of provision)

E-10 52.214-10 Contract Award - Sealed Bidding. (JUL 1990)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may (1) reject any or all bids, (2) accept other than the lowest bid, and (3) waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. Unless otherwise provided in the Schedule, bids may 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 bidder specifies otherwise in the bid.

(d) A written award or acceptance of a bid mailed or otherwise furnished to the successful bidder within the time for acceptance specified in the bid shall result in a binding contract without further action by either party.

(e) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provision)

E-11 52.214-12 Preparation of Bids. (APR 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions.

Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the Amount column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

(End of provision)

E-12 52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a [Firmed-Fixed Price] contract resulting from this solicitation.

(End of provision)

E-13 52.217-5 Evaluation of Options. (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

E-14 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

(NOV 2011)

E-15 52.233-2 -- Service of Protest. (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Gretchen Lovell, Department of Homeland Security, Federal Law Enforcement Training Centers, 1131 Chapel Crossing Road, Procurement Division, Building 93, Glynco, GA 31524.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E-16 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 this/these address(es):

https://www.acquisition.gov

(End of provision) https://www.acquisition.gov/