quote_document_and_clauses.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

5/13/16

INFORMATION CALL:

6/10/16 11:00 a.m. e.s.t.

SET ASIDE:100 % FOR FORMCHECKBOX

SMALL BUS.

EMERGING SMALL BUSINESS

HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.5mil OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

XX RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

IPP

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Emailed submissions are preferred to: rkmanning@fs.fed.us No fax submissions will be accepted.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

TIN#_________________

DUNS#_________________ Are you registered is SAM? Y N Email:______________________ Phone__________________ Fax____________

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items Upper Greenbrier Herbicide Spruce Commercial Units Project

Greenbrier Ranger District

Monongahela National Forest Base Period Item

ITEM

NO

QUANTITY

PRICE

AMOUNT

Option Period One Items (FY17)

ITEM

NO

QUANTITY

PRICE

AMOUNT

240, 245, 246, 254, 257, 258, 282, and 283

204, 207, 222, 255, 263 264, 265, 266, 267, 273, 300, 301 and 302

Total $____________

The North American Industry Classification System (NAICS) code for this acquisition is 115310.

Service rates apply to this acquisition.

BASIS OF AWARD: Basis of award will be Best Value. Past performance, Price and technical expertise will be factored into the award decision. Past performance and the other factors, when combined, are equal to price or cost. Failure to submit employee (s) and subcontractor employee(s) State of West Virginia (or reciprocal) licensing certification for herbicide treatment will result in the quote being deemed as nonresponsive and not considered further for award. The offeror is required to submit a response to all technical information requested. Failure to submit a complete technical response may result in proposal not being considered further for potential award.

PRE-QUOTE MEETING: A pre-quote meeting will be held June 3, 2016 at 10:00a.m. local time at the Greenbrier Ranger Station; 7409 Staunton-Parkersburg turnpike, in Bartow WV 24940. For directions or more information contact Jeff Kochenderfer at 304-257-4488 ext 7117.

Scope and Statement of Work

Scope of Contract. Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision, supplies, and perform all work required for chemical site preparation for natural regeneration by:

· Hand application of herbicide to stumps of black birch, striped maples, Fraser magnolia, red maple, and American beech in accordance with the specifications and provisions of the contract.

The Government will furnish no materials, labor, or equipment unless specifically identified in the Government-furnished property clause.

Description and Location. The areas to be treated are within the boundaries of the Monongahela National Forest, Greenbrier Ranger District, in Pocahontas County, West Virginia. (See attached maps). Units range in size from 7 acres to 129 acres. The general location of and access to each area will be shown on a project area map of each area. These maps will be provided at the pre-work conference.

Contractor Furnished Property, Services, Responsibilities and Obligations. The contractor shall furnish all equipment (except for that listed as Government Furnished Property), labor, materials, transportation, supervision, and incidentals necessary to apply herbicide in accordance with this contract.

Project Supervisor – The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all contractual matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.

Certification – The contractor shall have a representative who holds a current pesticide use applicator license in the State of West Virginia to supervise the project.

Records- The Contractor shall maintain an accurate record of the herbicide used on each unit. After completing the contract the Contractor’s Project Supervisor will submit the records with the information to the COR.

Government Furnished Property. Herbicides – The Government will supply the following herbicide used for this project:

-5.0 gallons of Asenal The Contractor may pick up the herbicide at the Forest Service district office between the hours of 8 AM – 4:30 PM, Monday thru Friday, excluding holidays. The Contractor is responsible for transporting the herbicide to the work site.

TECHNICAL SPECIFICATIONS

Hand Application Instructions.

Cut-surface:

Arsenal herbicide (Manufactured by/BASF EPA No. 241-346) or equivalent shall be applied in accordance with labeling and the following instructions:

1. The Contractor shall use the cut surface method to treat all striped maple, black birch, Fraser magnolia, red maple and American beech between 1 and 6 inches in diameter measured four and one half (4 ½) feet above ground level by spraying the stem frill cuts or the cut stumps with herbicide.

2. Approximately 1 milliliter of imazapyr herbicide diluted 6% with water shall be applied in each frill cut in the stem of the tree. Cuts shall form a continuous circle around the tree below all branches. For stems that have been completely severed, the entire cut surface of the stump will be treated. Stems 0.5 in. to 1.0 in. in dbh will be completely severed within 3.0 ft of the ground and the cut stubs sprayed with the same concentration of herbicide used for the injection treatment.

3. Apply the herbicide within 1 hour after the stems have been cut.

4. The stem injection treatment will be applied to all treated stems >1.0 dbh to 6.0 dbh between June 1 and October 1.

5. The contractor shall thoroughly agitate the herbicide before applying.

Application. Forest Service personnel have marked spray area boundaries with orange paint.

a) Before beginning treatment in an area, the COR and the Contractor’s representative will walk through the area to review special conditions or area to avoid during spraying.

b) Application of spray material shall be confined to the designated spray area. Buffer areas or places where spraying is not permitted will be identified by the COR prior to beginning a unit. The boundaries of these buffer areas may or may not have been painted or flagged. Required buffer distances for water quality are as follows:

i. 100 feet wide along each side of perennial streams, impoundments, or intermittent streams flowing water the day of spraying.

ii. 50 feet wide along each side of dry intermittent stream channels and spring seeps.

iii. 25 feet wide along each side of ephemeral stream channels and around wet areas having no defined outlet.

Safety. The Contractor or his Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

Accidents, as used throughout this contract shall mean destruction or substantial damage to any motorized vehicle, and minor, serious, or fatal injury to personnel.

Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

The Contractor shall comply with all Federal and State regulations for spraying herbicide. The following safety rules will apply for both hand and mechanical applications:

1. Read the safety information on the label.

2. Wear the proper protective clothing.

3. Keep first aid equipment and a supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

4. Do not work alone.

5. Haul only the needed amount of herbicide

6. Stand upwind from the spray projects to avoid contaminating yourself.

7. Keep the container below eye level when pouring to avoid splashing or spilling any herbicide on the face or into the eyes.

8. If herbicides are spilled, stop immediately, wash contaminated area, and remove contaminated clothing.

9. Wash hands after applying herbicides before eating or smoking.

Care and Handling of Herbicide. The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project. The Contractor shall protect the herbicide and take precautions to prevent loss or theft while it is in his custody. These measures shall include, but are not limited to the following:

1. The herbicide shall not be allowed to freeze.

2. Containers shall not be damaged to the extent that herbicide leaks are likely to occur.

3. The Contractor shall take precautions to prevent spills during transportation, mixing, and handling.

Personnel handling herbicides shall wear protective clothing and or equipment as recommended by the herbicide manufacturer. The contractor will provide soap and water for personnel to wash with on the job site.

Herbicides shall not be applied or equipment cleaned outside of areas designated by COR. Sites selected for mixing, loading, and cleaning of equipment shall be located so as to prevent contaminating streams, ponds, or spring seeps. The Forest Service will approve all such locations.

Transportation of Herbicides. – Contractor is legally responsible for the safe transportation of herbicides. Contractor shall follow travel routes designated by the COR when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site in an area designated by the COR. Transportation of chemicals used on this contract shall be in accordance with label instructions and generally approved and accepted procedures for safe transportation of herbicides. The following precautions as a minimum shall be taken by the Contractor to prevent spills, accidents, injury, or theft.

1. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

2. No personnel shall be permitted to ride in the back of a vehicle with the herbicide.

3. Herbicide shall not be transported in the same compartment with food or clothing.

4. If any herbicide is spilled in or from the vehicle, it shall be cleaned up at once.

5. Maintain herbicides in secure conditions.

Herbicide Spills. Contractor shall be responsible for all costs for damages, clean up and decontamination should an herbicide spill occur. If a spill occurs, every effort shall be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned up as quickly as possible. Herbicide spills shall be handled in accordance with the standard procedures for spill clean up (40 CFR 117).

The Contractor must have a spill prevention and clean-up plan approved by the COR prior to starting work. Herbicide wasted through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the COR and the appropriate state and federal agencies immediately. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

Storage and Security – The Contractor shall be responsible for the storage and security of all government supplied materials furnished for this project when transporting and using the materials.

Disposal of Herbicide Containers. All empty containers will be rinsed 3 times, and rinse solution will be applied to the treatment site. Empty containers will be punctured and disposed of properly (according to label directions) by the Contractor. No empty containers will be left at the worksite.

Resource Protection. Upon completion of work at each area and prior to moving to the next area, all trash, rubbish, and debris generated by the Contractor’s operations shall be removed from National Forest land and properly disposed of.

Protection of Improvements. The Contractor shall take every precaution necessary to prevent damage to any improvement in or near the contract areas, i.e., roads, trails, ditches, fences, etc. The Contractor shall be liable for any damages caused by his operations and shall make repairs promptly.

INSPECTION AND ACCEPTANCE

Inspection Procedures. Inspections of the work performed under this contract will be made as the work progresses by the Contracting Officer’s Representative (COR). Inspection will be at intervals necessary to insure compliance with the contract.

Satisfactory Treatment. It is inherent that some trees will be improperly treated and some degree of allowance should be made for improper treatment when the area is otherwise considered satisfactory. Therefore, an allowance will be made for acceptance of an area as satisfactorily treated if at least 95% of the designated trees or unit area has been treated in accordance with the contract specifications.

MEASUREMENT AND PAYMENT

Method of Measurement. Acreage listed in the quote schedule was determined by GPS for this contract is considered actual acreage. The acreages shown in the Schedule of Items have not been reduced to account for inclusions of 1 acre or less which are unsuitable for spraying due to standing water or buffer strips (described in section 220 (c) above). Though some of these inclusions exist within the project areas, no reduction will be made in the contract payment to account for them. All areas within units will be treated except for inclusions of 1 acre or less.

If the contractor requests a remeasurement of any unit and the results of the remeasurement show that the acreage is more than 15% different from original measurement, the Government will pay at the unit price for the number of acres shown on the remeasurement and the cost of the remeasurement itself. If, however, the remeasurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the contractor will pay for the cost of the remeasurement. The Forest Service will determine the method of remeasurement. The Forest Service will perform all remeasurements.

Basis of Payment. Payment will be made at the unit quoted price for the total number of acres satisfactorily completed and accepted.

The Contractor also shall furnish with their technical submission:

1. Names of staff and their past work experience performing similar herbicide application in projects near rare plants and/or their habitat that will work on the site

Mobilization

Mobilization consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the obtaining of permits, insurance, and bonds. All equipment and trailers shall be cleaned of excessive mud, debris, weeds, grass prior to beginning the project. All mowing equipment shall have sharpened blades prior to beginning any mowing.

Project Location : From the Bartow office turn south on State Rt. 92, travel 0.25 miles and turn left onto State Rt 28. Stay on Rt. 28 for approximately 4.5 miles and turn left onto FR 14 at the 4-H camp. Travel north on FR 14 for approximately 3 miles and turn left onto FR 803. Units 254, 283, 255, 257, and 258 lay along this road. Go back out to FR 14 and travel another mile north to the intersection of FR 14 of State Rt 250/4 and units 246, 282, and 245 are at that intersection. Travel north on FR 14 for another 6.5 miles, and turn right onto FR 97, units 266, 265, and 222 lay back this road. Units 264, 273, and 302 can be access from FR 14, they lay on the left side of the road heading north. From the intersection of FR 14 and FR 97 go north 2 miles to FR 369, units 301 and 207 laid at the end of this road.

The other units are located from the Bartow office, turm right onto State Rt. 28 then travel 3 miles to Durbin and turn onto FR 44. Travel 10 miles on FR 44 to and stop at FR 451, this is a closed road. Units 263 and 267 can be acessed by walking up FR 451. Proceed up FR 44 another 6 miles and turn onto FR 35, drive up FR 35 for 1 mile and turn right onto FR 854, units 204 and 300 lay along this road.

The last of the units can be located by leaving the Bartow office turn south on State Rt. 92, travel 0.25 miles and turn left onto State Rt 28. Stay on Rt. 28 for approximately 11 miles and turn left onto FR 112. Travel down FR 112 for 2 miles and turn left onto FR 254 travel another .25 miles and turn onto FR 254A, units 229 and 232 lay along this road. Go back out to FR 112 and travel 1.0 mile and unit 226 is to the right of the road. Travel another mile to FR 250 and units 227 and 228 are to the left of the road. Go back FR 250 for .25 miles and turn on the FR 250A and unit 231 is at the end of the road.

AGAR 452.215-73

Post Award Conference (Nov 1996)

A post award conference with successful quoter is required. It will be scheduled after the date of contract award and prior to beginning work on the contract. The conference will be held at:

USDA Forest Service

Monongahela National Forest

Greenbrier Ranger District office

Box 67

Bartow, WV 24920

AGAR 452.209 – 70

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction.

As prescribed in 409.471, insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

52.212-1 Instructions to Offerors—Commercial Items. (Oct 2015)

(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 (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.

(j) Data Universal Numbering System (DUNS) Number. (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 “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 SAM 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) 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;

(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. (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 and price related factors____________________

[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 equal 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.

52.212-3 Offeror Representations and Certifications—Commercial Items. (Nov 2015)

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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

“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.

“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-

(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.

“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).

“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.

“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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o 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 o is, o 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 the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone 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-

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal…