Addendum 52.212-1 & 52.212-2.pdf

ADDENDUM

52.212-1, Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023)

1. Submission of offers:

1.1. The Government will award a contract resulting from this solicitation when the offeror responsible for conforming to the solicitation will be most advantageous to the Government, price and other factors considered. (IAW FAR 52.212-2 and Attachment: Addendum - 52.212-2, Evaluation).

1.2. By submission of offer, the offeror consents to all solicitation requirements, including terms and conditions, representations and certifications, in addition to those identified as evaluation factors.

1.2.1. Failure to meet a requirement may result in an offer being determined to be non-responsive.

1.3. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation.

1.3.1. Price must be submitted on the FA446026Q0028 1449.

1.4. At a minimum, the offers must show:

1.4.1. The solicitation number.

1.4.2. The time specified in the solicitation for receipt of offers.

1.4.3. The Offeror’s name, address, and phone number; (Both Company and Representative)

1.4.4. 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.

1.4.5. Terms of any express warranty.

1.4.6. Price Breakdown of requested items as outlined in the solicitation and/or any attachments.

1.4.7. Price and any discount terms.

1.4.8. “Remit to" address, if different than mailing address.

1.4.9. SAM.gov Information: (validate that SAM.gov registration is current)

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

1.4.9.2. Cage Code: (Mandatory)

1.4.9.3. DUNS: (Optional)

1.4.10. Acknowledgment of Solicitation Amendments.

1.4.11. 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

1.4.12. Offers that fail to furnish the required representations for information or reject the terms and conditions of solicitation may be excluded from consideration.

https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3

52.212-1, Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023)

1.5. To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

1.5.1 Meet the salient physical, functional, or performance characteristics specified in PWS Section 4.1.1 and 4.1.2.

1.5.2 Clearly identify the item by-

1.5.3 Brand name, if any; and

1.5.4 Make or model number.

1.5.5 Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Government; and

1.5.6 Clearly describe any modifications the offeror plans to make to a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

1.5.7 Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation

1.6 Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time is specified in an addendum to the solicitation.

1.6.1 Vendors may, at their discretion, request additional time.

1.6.2 Offers must clearly show the expiration date of the offer, whether it is the 60-day minimum, or as outlined in 1.6.1 above.

52.212-2, Evaluation—Commercial Products and Commercial Services. (Nov 2021)

1. The Government will award a contract resulting from this solicitation when the offeror responsible for conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1.1. Price.

1.2. Technical Evaluation/Capability.

2. By submission of an offer, the offeror agrees to abide by all terms, conditions, and provisions included in the solicitation. Offers/Offerors that fail to furnish required representations for information or reject the terms and conditions of the solicitation may be considered non-responsive and/or excluded from consideration. (IAW 52.212-1)

3. Price and technical evaluation/capability, when combined, are considered equal in importance.

4. Evaluation Factors and Process Defined:

4.1. First, the Government shall rank all responsive offers by price.

4.1.1. An offeror’s total evaluated price will include the total of all Contract Line Items as outlined in this solicitation or any associated attachments.

4.1.2. The Government reserves the right to deem an offeror's overall quotation to be unresponsive when incomplete, unreasonable, or unbalanced pricing is submitted.

4.2. Second, the Government will look at the vendors technical capability and conduct a Technical Evaluation, starting with the lowest priced evaluated responsive offer, to determine if they are “Acceptable” or “Unacceptable,” based on the offer/offeror meeting requirements as outlined in the solicitation or the Salient characteristics.

4.2.1. “Acceptable” means: submitted quote DOES meet the specifications and requirements as described in the Salient Characteristics.

4.2.2. “Unacceptable” means: submitted quote DOES NOT meet the specifications described in the Salient Characteristics. An unacceptable technical description will result in offer/offeror being removed from further consideration.

52.212-2, Evaluation—Commercial Products and Commercial Services. (Nov 2021)

4.2.3. The Government will evaluate "equal" products based on information furnished by the offeror or identified in the offer and reasonably available. The Government is not responsible for locating or obtaining any information not identified in the offer.

4.2.4. The Technical Evaluation processing of offers will continue (in order by price) until the Government determines that at least three (3) offerors are determined to have an “Acceptable” technical rating.

4.2.4.1. If there are less than 3 offers/offerors, the Government will perform a Technical Evaluation on ALL offers/offerors.

4.2.4.2. If no offer/offeror is determined to be “Acceptable,” then no award will be made, and the Contracting Officer will re-evaluate the requirement.

4.3. Third, once the requisite number of offers/offerors have been evaluated for both Price and Technical Capability/Acceptance, the Government will make an award to the offer/offeror. This offer/offeror represents the best value to the Government.

5. The Government reserves the right to communicate with all, some, or none of the offerors to address any issues, if necessary. The Government also reserves the right not to select a contractor, depending on the quality of the offers/offerors submitted and the availability of funds.

6. 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 the award.