BioMassSolicitation.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

7.

For Solicitation Information Call:

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

USDA, RURAL DEVELOPMENT

PROCUREMENT MANAGEMENT DIVISION

1400 INDEPENDENCE AVENUE, S.W. MS 0741

WASHINGTON, D.C. 20250

Discount:

Set-Aside % for

Net due: 100%

Size Standard:

USDA, RURAL DEVELOPMENT

PROCUREMENT MANAGEMENT DIVISION

1400 INDEPENDENCE AVENUE, S.W. MS 0741

WASHINGTON, D.C. 20250

USDA, RURAL DEVELOPMENT

PROCUREMENT MANAGEMENT DIVISION

1400 INDEPENDENCE AVENUE, S.W. MS 0741

WASHINGTON, D.C. 20250

17a.

Contractor/Offeror

USDA, RURAL DEVELOPMENT

PROCUREMENT MANAGEMENT DIVISION

1400 INDEPENDENCE AVENUE, S.W. MS 0741

WASHINGTON, D.C. 20250

See Addendum.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

United States Department of Agriculture (USDA) Automated Multi-housing Accounting System (AMAS) Maintenance and Development

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

US

are not attached

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4, 52.212-5 is attached. Addenda are are not attached

Contractor is required to sign this document and return

29.

Award of Contract: Reference.

Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

DEBORAH FLETCHER

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

STANDARD FORM 1449 (REV. 4/2002)

SECTION B - SUPPLIES & SERVICES AND PRICES

(a) This contract is for acquisition of engineering support services on behalf of the United States Department of Agriculture Rural Utilities Service, Electric Program (EP).

The resulting contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) type contract. Task orders will be issued on a Labor Hour (LH) and Firm Fixed Priced (FFP) basis. Funding shall be obligated under separate task order(s) during the period of performance consisting of a one-year Base Period and four (4) one-year Option Periods.

Other Direct Cost for travel will be an estimated Not to Exceed (NTE) .

SECTION B - SCHEDULE OF SERVICES

BASE YEAR Period of Performance: Date of Award through TBD (1 YEAR)

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OPTION YEAR (1) Period of Performance: Date of Award through TBD (1 YEAR)

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OPTION YEAR (2) Period of Performance: Date of Award through TBD (1 YEAR)

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OPTION YEAR (3) Period of Performance: Date of Award through TBD (1 YEAR)

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OPTION YEAR (4) Period of Performance: Date of Award through TBD (1 YEAR)

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SECTION C – STATEMENT OF WORK (SOW)

Statement of Work

C1. The Rural Development Electric Program (EP), a division of the United States Department of Agriculture, Rural Utilities Service, is experiencing an increased level of interest in financial assistance for the construction of electric generation plants that utilize renewable energy resources. There is a need for engineering consultant services to evaluate an application for an electric generation plant fueled by woody biomass and organic waste.

C.2 Objectives:

A.

The EP seeks to establish a contract for a period of a base year plus four (4) option years with an expert in biomass fuel-to-electricity conversion generation technology. This consultant will provide advice that will be used by the agency in its determination of whether or not the agency should issue a long term mortgage loan commitment to finance a 24 MW project located in the southeast region of the country, where the permanent loan will fund after the project, more fully described below, has demonstrated a requisite period of successful operation (the Project).

The EP seeks a consultant to review and authenticate the information submitted to the EP in the application received for the Project.

The EP seeks a consultant to assist the agency in developing appropriate conditions to be met prior to funding a long term loan for the Project. These conditions will be incorporated in the loan commitment documentation.

The EP seeks a consultant to act as a lender representative in monitoring the construction of the Project.

The EP seeks a consultant to advise the agency as to whether the conditions to funding have been met after the Project has been constructed.

A brief description of the project is as follows below:

C. 3 Background:

The EP mission is to provide reliable and affordable electricity which is essential to the economic well-being and quality of life for all of the nation’s rural residents. The EP provides leadership and capital to upgrade, expand, maintain, and replace America’s vast electrical infrastructure. Under the Authority of the Rural Electrification Act of 1936, the EP makes direct loans and loan guarantees to electric utilities to serve customers in rural areas.

The loans and loan guarantees finance the construction of electric distribution, transmission and generation facilities, including system improvements and replacements required to furnish and improve electric service in rural areas, as well as demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems. Loans are made to corporations, states, territories and subdivisions and agencies such as municipalities, people’s utility districts, and cooperatives, nonprofit, limited dividend, or mutual associations that provide retail electric service needs to rural areas or supply the power needs of distribution borrowers in rural areas.

The EP promotes the President’s National Energy Policy and ultimately the nation’s security by engaging the entrepreneurial spirit of rural America in the development of renewable energy and energy efficiency improvements. The RE Act authorizes the use of consultants funded by loan applicants or existing borrowers to facilitate timely action by providing specific engineering and/or fuel assessments and other studies or reports of applications made to the EP for financial assistance. See 7 C.F.R. § 1789.

C.4 Scope:

The 24 MW biomass and chicken litter fueled power project is located in the southeast and will be fueled by wood waste originating from the following sources: redirected clean wood waste hauled to a local landfill site, sawmills, and building component industries, pallet mills, grinders, and chipper and independent wood fuel trucker-brokers. Chicken litter sufficient to comprise up to 20% of the fuel stream would be purchased on the open market within a 50 mile radius. The project technology will include a refurbished circulating fluidized bed boiler and 100% of the electric output will be sold to an electric cooperative.

Project specific engineering assessments and fuel assessments, as appropriate, may include, but are not limited to, the following: Advising EP concerning obtaining and evaluating supplemental information required for the underwriting process. Assessment of whether the project will perform as represented with respect to heat rate, availability and emissions. Assessment of the project fuel handling system. Confirmation that the physical characteristics of the fuel supply are consistent with the assumptions underlying the projected output for the project. Reviewing and assessment of the adequacy of plans for overhaul or modification and related cost estimates where the financing involves used equipment. Assessment of whether the hard project costs as represented in the application are reasonably accurate. Review and assessment of the adequacy and appropriateness of the interconnection plan Assessment of whether the plant startup and shakedown contingencies are adequately addressed. Review and assessment of the adequacy of proposed operation and maintenance plans, including scheduled overhauls, over the term of the loan. Assessment of the adequacy of the project staffing plan

Confirmation that ancillary requirements, such as water supply and wastewater discharge, are adequate. Review of the conditions precedent to funding, as developed by EP for a project loan and, based on consultant expertise, suggest appropriate recommendations or additional conditions. Review and assessment of documentation supplied by borrower to determine whether material submitted supports the release of loan funds consistent with conditions precedent to funding. The consultant will be expected to retain a fuel expert who has familiarity with the local fuel supply environment for the Project. The fuel assessment tasks will include, but are not necessarily limited to the following:

The identity of owners of the available and recoverable wood biomass. Assess the availability and cost of recoverable wood biomass fuel within a 100 mile radius of the power plant project. Provide a detailed description of physical characteristics of available recoverable wood biomass fuel, including moisture content. Develop a report of current utilization or disposal of existing recoverable wood biomass, including method and place of disposal and identify the person or company utilizing or disposing existing wood biomass.

A description of existing wood biomass residue collection and processing infrastructure within the study area. Include assessment of whether additional infrastructure will be required and what types of additional infrastructure will be required. Identification of existing or projected competing uses for available recoverable wood biomass fuel within the supply area. Identification of existing facilities competing with this facility for available recoverable wood biomass fuel and an assessment of the potential for additional facilities that will compete with the project. A review of the project developer’s fuel supply plan

A summary of trends in the local forest product industry, as applicable, that will influence the future availability and price of wood biomass in the project area. A summary of project risks related to fuel quantity and quality, fuel supply infrastructure, fuel price and competition for fuel. The summary of risks will include an effort to document the longevity and financial health of local paper product industry suppliers, where applicable. The identify of sources for all data reflected in the report.

SECTION D – PACKAGING AND MARKING

(RESERVED)

SECTION E – INSPECTION AND ACCEPTANCE

(RESERVED)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Contract Deliverables:

Progress Reports:

The consultant will provide weekly status reports outlining activities for the previous week, progress of work defined in the engineering project plan and fuel assessment plan, if applicable, tasks accomplished, any outstanding issues and plans for the coming week.

F.2 Final Report:

The consultant will provide a Draft Final Report to be reviewed by the EP Project Leader (or designee) to confirm that the report fully addresses the issues of interest to the EP. The Final Report must incorporate EP’s edits, recommendations and address EP’s concerns based on EP’s review and response to the Draft Final Report. The Final Report must identify the data source and should include a discussion addressing the reasons the data and the source information should be considered reliable. Conclusory statements without identifying supporting data and the source for that data will not constitute adequate performance. The Final Report must be approved by the EP Project Leader (or designee).

F.3 Requirements

For each project review (task order), at least one senior assigned staff must have actual experience managing the construction, shakedown or operation of an electric generating plant that uses renewable fuel. Resumes must be provided listing prior experience, education, past employment and publications, if applicable.

For each project review (task order), at least one senior assigned staff must possess the expertise required for both the operation performance (engineering) of units utilizing renewable fuel and the analysis of the quality of fuel available for a specific project (fuel supply analysis).

For each project review (task order), at least one assigned staff person must be familiar with MS Project application software

Applicants shall not be presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from contract transactions by any Federal department or agency

Applicants shall not have been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract or have had a civil judgment or violation of Federal or State antitrust statutes or commissions of embezzlement, theft, forgery or bribery. Applicants shall not be presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any offense listed above.

Applicants shall not be delinquent on any Federal debt

Applicant shall provide services and representation in the best interest of the Federal Government. It is to be understood, notwithstanding the payment obligations of the borrower with regard to services provided under this contract, that the relationship under this contract is between EP and the contractor.

Contact with the Applicant

The consultant(s) may independently contact the applicant to elicit clarification and additional information, but is expected to identify these contacts in their weekly reports. Copies of all information received from the applicant in the course of performing the work are the property of EP and are not to be sold or shared and must be conveyed to the Electric Program Project Leader (or designee).

USDA, Rural Development

Attn: Rebecca Hunt

Mail Stop 1524, Room: 0214

1400 Independence Avenue, SW

Washington, DC 20250

The COTR will complete a preliminary review of invoices and, in the event of invoice discrepancies, will notify the consultant within fourteen (14) working days after receipt.

The EP Project Leader (or designee) and the COTR shall direct that the escrow account be closed and all remaining funds remitted to the applicant after: a) finalization of the transaction and b) payment of the final invoice; or ninety (90) days after the date of the last activity in the escrow account unless the EP Project Leader and the COTR have reason to believe that further payments may be required under the task order.

In the event the EP project Leader has received written notice from any party of an actual or potential claim on the escrow account, the EP Project Leader retains the right not to authorize the closing of the account until such time as the EP Project Leader is satisfied that no further payments are required under the task order. The EP Project Leader’s determination of this matter shall be final and not subject to appeal or protest.

F. 4 Period of Performance:

The period of performance will be (1) Base 12 month period and four 12 month option periods. Task order will be from the date of the funding of the escrow agreement until the date on which the EP loan to the borrower is fully funded, not to exceed a period of five (5) years.

Special Considerations

Contractor requirements, scope of consultant duties, contract deliverables and contract closeout terms are specified in the attached General Statement of Work and apply in whole to this contract. The EP has sole discretion in the selection of consultants to provide services and to the form of contract utilized pursuant to 7 C.F.R. § 1789. The EP has sole discretion to prescribe terms and conditions of consultant contracts, however, the borrower may bring considerations pertinent to the selection process to the attention of the EP.

The award of this contract will be subject to the prior borrower execution of the following agreements: 1) Funding Agreement, satisfactory to the EP, to be developed and executed by the borrower and consultant; and 2) Escrow Agreement, satisfactory to the EP, to be developed and executed by the borrower, the consultant and the Financial Institution. It is the borrower’s responsibility to obtain the EP’s approval of the agreements prior to the award of the task order. The Funding and Escrow Agreements must be developed as provided below:

A.

Agreements with respect to this task order will be developed and executed in accordance with the requirements of 7 C.F.R. §1789, Use of Consultants Funded by borrowers.

B.

Funding Agreement. This agreement must contain the following:

The funding schedule for the escrow account agreed to between the consultant and the borrower. The consultant and borrower must assure that sufficient funds remain in the escrow account at all times to cover all liability incurred under this contract. An indemnification agreement executed by the borrower, including acknowledgment of the parties’ understanding and acceptance that the Government is not responsible for funding any liability incurred for the award made under this contract solicitation. To assure that sufficient funds remain available for payment of services rendered pursuant to a task order, the consultant will immediately notify the COTR and CO when the escrow account balance falls below $50,000, unless the Government specifies, in writing, a different amount.

C. Escrow Agreement. This agreement must contain the following:

Funds may be transferred from the escrow account by the Financial Institution only upon the authorization of the COTR or the CO.

The Financial Institution must agree to provide a monthly report of account activity, including cumulative and current balances, to the COTR with a copy to the CO.

The Financial Institution must agree that within five (5) business days from the receipt of the COTR’s authorization the payment will be released to the consultant.

The Financial Institution must agree to provide notice when funds are received and funds are disbursed.

To constitute a proper invoice, the following data and certification must be included in the invoice:

Contract Number Order Number Task Order Number

Name and Payment address of consultant

Invoice Number and Date

Payment Terms

Description and price of services rendered (include breakdown)

Certification that the invoice amount does not exceed the available balance in the escrow account (identified by the name of institution and account number)

For prompt payment purposes, the prompt payment time begins when the COTR receives the certified for payment invoice from the consultant. Payment will be made upon satisfactory completion and acceptance by the COTR and final acceptance by the CO. The CO will submit invoice to the escrow institution for payment within two (2) working days after receipt from the COTR. Payment shall be made by the escrow institution within five (5) days after receipt of the certified invoice. The final invoice must be clearly identified by the consultant. The Government reserves the right to hold 15 percent of the original bid amount if the final invoice is received before completion and receipt of the paper documents PDF and TIFF imaging of Final Report and documents as referenced in the General Statement of Work. The COTR will complete a preliminary review of invoices and, in the event of invoice discrepancies, will notify the consultant within fourteen (14) working days after receipt, as specified in the General Statement of Work.

It is to be understood, notwithstanding the payment obligations of the borrower with regard to services provided under this contract, that the attorney-client relationship under this contract is between the EP and the consultant. The consultant shall provide representation in the best interest of the Government.

Subcontracts may be permitted with the approval of the COTR

The EP will determine if amendments are required to this task order as the EP is solely responsible for the administration of the consulting contract and will have complete control over the scope of the consultant’s work, the timetable for performance, the standards to be applied in determining the acceptability of deliverables and the approval of payment of invoices.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer

The Contracting Officer (CO) for this contract will be Deborah Fletcher.

Deborah Fletcher 1400 Independence Avenue, SW (Mail Stop 0741)

Washington, DC 20250

Phone Number: (202) 692-0114 Fax Number: (202) 692-0235 Email Address: deborah.fletcher@wdc.usda.gov G.1 Contract Specialist The Contract Specialist (CS) for this contract will be Dominique Morant.

All questions regarding this solicitation/contract shall be directed to:

Dominique Morant

1400 Independence Avenue, SW (Mail Stop 0741)

Washington, DC 20250

Phone Number: (202) 692-0230 Fax Number: (202) 692-0235

Email Address: Dominique.morant@wdc.usda.gov G.2 Contracting Officer’s Representative and Contracting Officer’s Technical Representative The Contracting Officer’s Representative (COR) and/or the Contracting Officer’s Technical

Representative (COTR) for this contract will be:

Rebecca Hunt

1400 Independence Avenue, SW

Stop 1524, Room 0214

Washington, DC 20250

Phone Number: (202) 205-3660

Fax Number: (202) 690-2268

Email Address: rebecca.hunt@wdc.usda.gov In no event shall any understanding, agreement, modification, change order or other matter deviating from the terms of the contract be effective or binding upon the government unless formalized by proper contractual documentations executed by the Contracting Officer.

The COR/COTR will monitor all technical aspects and assist in administering the contract. After contract award, the COR/COTR designation letter will be provided to the contractor that clarify the responsibilities. On the matters that pertain to the contract terms, the contractor must communicate with the CO. Whenever the COR/COTR requests effort outside the scope of the contract, the contractor shall so advise the Contracting Officer in writing.

G.3 Payment Procedures

a. Invoices: The Contractor will submit an invoice monthly for services provided during the month. Submittal of invoices electronically to the CO, CS, and COR (or designee) is strongly recommended. The offeror should include the payment address in the proposal, if it is different from that shown for the offeror.

b. Travel expenses/cost shall be reported on the Travel Expense Voucher, Attachment J2. Receipts for expenses, e.g., tickets, hotel lodging, etc., shall be attached thereto. Travel cost shall be cost reimbursable for actual cost, not exceeding the limitations set forth in the Federal Travel Regulations (FTR). Lodging and per diem will be reimbursed at actual cost, also in accordance with FTR. Mileage will be reimbursed in accordance with Federal mileage rate. Local travel (within 50 mile radius of contractor’s office) will not be reimbursed. Travel expenses will not be reimbursed unless authorized in writing by the COTR prior to the travel.

c. To assist the USDA, RD in making timely payments the invoice must include at a minimum:

i. Name and address of the Contractor (mailing address for check);

ii. Contract Number; Purchase Order Number; Task Order Number

iii. Invoice Number, date and Vendor Express Number (VXP), if any

iv. Total amount due under that invoice.

v. Total amount per contract line item by ordering entity.

SECTION H – SPECIAL PROVISIONS

H.1 Key Personnel

The contractor shall notify the contracting officer prior to making any changes to key personnel. Key personnel are defined as:

a. personnel identified in the proposal as key individuals

H.6 AGAR 452.237-75 Restrictions Against Disclosure As prescribed in 437.110(e), insert a clause substantially as follows:

RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

H.7 52.245-4 Government-Furnished Property (Short Form)

As prescribed in 45.106(d), insert the following clause:

Government-Furnished Property (Short Form) (June 2003)

(a) The Government shall deliver to the Contractor, at the time and locations stated in this contract, the Government-furnished property described in the Schedule or specifications. If that property, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the Changes clause when—

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(b) Title to Government-furnished property shall remain in the Government. The Contractor shall use the Government-furnished property only in connection with this contract. The Contractor shall maintain adequate property control records in accordance with sound industrial practice and will make such records available for Government inspection at all reasonable times, unless the clause at Federal Acquisition Regulation 52.245-1, Property Records, is included in this contract.

(c) Upon delivery of Government-furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or damage, except—

(1) For reasonable wear and tear;

(2) To the extent property is consumed in performing this contract; or

(3) As otherwise provided for by the provisions of this contract.

(d) Upon completing this contract, the Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all Government-furnished property not consumed in performing this contract or previously delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as directed by the Contracting Officer.

(e) If this contract is to be performed outside the Untied States and its outlying areas, the words “Government” and “Government-furnished” (wherever they appear in this clause) shall be construed as “United States Government” and “United States Government-furnished,” respectively.

(End of clause)

SECTION I – CONTRACT CLAUSES

52.212-1 Instructions to Offerors—Commercial Items.

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

Instructions to Offerors—Commercial Items (June 2008)

(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.

(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 or 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 (http://assist.daps.dla.mil).

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

(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 (http://assist.daps.dla.mil/wizard);

(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.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. 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 CCR 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 CCR 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 internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(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.

52.212-2 Evaluation—Commercial Items.

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

Evaluation—Commercial Items (Jan 1999)

(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:

[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 15.304); (iv) small disadvantaged business participation; and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to 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 (June 2008)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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.

“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 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.

“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.

“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.

“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

(1) Whose management and daily business operations are controlled by one or more women.

(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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at…