Combined Solicitation with All Docs(Rev).pdf

Contracts Branch (fc)

Action Code: Combined Synopsis/Solicitation

Date: April 10, 2023

Zip Code: 19106

NAICS Code: 811310

Contracting Office: W912BU

Class Code: Z

Subject: Overhaul of Bernville Pumps

Solicitation No.: W912BU23RB0014 – Bernville Pumps Overhaul, this solicitation is issued as request for proposal (RFP).

Set-Aside Code: Small Business

Response Date: 10 May 2023

Place of Performance: Bernville Protective Works, Bernville, PA

Description of Work:

The U.S. Army Corps of Engineers, Philadelphia District, intends to award a firm fixed contract to perform Removal, Overhaul, Reinstallation and Testing of pumps located at the Bernville Protective Works in Bernville Pennsylvania. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Contract work is to remove, overhaul, and reinstall five mixed flow storm water pumps and their associated automatic greasers at the Bernville Protective Works (BPW) in Bernville, Pennsylvania.

The pumps and greasers that are to be removed, overhauled, and reinstalled are #1, #2, #3, #4 and #5. The pumps and automatic greasers are to be removed, repaired and reinstalled one at a time in sequential order, with the second pump and greaser removed after successful installation and testing of the first pump and greaser, and so forth.

It is also the intent of this scope of work to replace the lower motor bearing on all six pump motors, including furnishing and installing new lower bearings on the motors for Pumps # 1-5 and furnishing and installing new lower bearing on the motor for Pump # 6.

The NAICS Code for this project is 811310, Commercial and Industrial Machinery and Equipment Repair and Maintenance. The small business size is $12.5 Million.

Estimated cost range of the project is $500K - $1Million dollars.

The Combined Synopsis No. W912BU23R0014 will be issued on or about 10 April 2023. Proposals must be received by 10 May 2023 at 3:00p.m. The contract period of performance is 210 Calendar days after receipt of award.

Questions regarding this notice should be directed to Frederick Conway at frederick.conway@usace.army.mil

Robert W. Hutcheon Contracting Officer

Encl:

Scope Of Work Bid Schedule Contract Clauses Wage Determination

Grand Total $__________________

SCOPE OF WORK

Overhaul of Five Bernville Levee Pumps

INTENT

The intent of this scope of work is to remove, overhaul, and reinstall five mixed flow storm water pumps and their associated automatic greasers at the Bernville Protective Works (BPW) in Bernville, Pennsylvania. The pumps and greasers that are to be removed, overhauled, and reinstalled are #1, #2, #3, #4 and #5. The pumps and automatic greasers are to be removed, repaired and reinstalled one at a time in sequential order, with the second pump and greaser removed after successful installation and testing of the first pump and greaser, and so forth.

It is also the intent of this scope of work to replace the lower motor bearing on all six pump motors, including furnishing and installing new lower bearings on the motors for Pumps # 1-5 and furnishing and installing new lower bearing on the motor for Pump # 6.

REFERENCE DRAWINGS

Patterson Pump Dwg D-4142-3; Bernville Protective Works, 26x30 Type SAFV Pump Parts and Material List for Type SAFV Pump

REFERENCE MANUAL

Patterson Pump – Operation &Maintenance Manual for Short Coupled Vertical Turbine Pumps

HISTORY

The Bernville Protective Works consist of six Patterson Pump 26 x 30 SAFV Vertical Turbine Pumps, Model No. 26X30SAFV, with a design capacity of 22,400 GPM, and 33’ TDH. Each pump is driven by a 250-hp, 460V, 3PH General Electric motor.

Pump #6 was previously overhauled in May 2022. The five pumps to be overhauled have serial numbers 76BT1573-G30, and 76BT1575-G30 thru 76BT1578-G30.

The automatic greaser is manufactured by FARVAL, Model FS05-0093-003. The automatic greaser is interlocked with its associated pump via a relay within the storm water pump motor control panel.

The motors are General Electric, Model No. 5K6328XC402A.

SAFETY AND HEALTH

The contractor shall provide all necessary PPE to the personnel working in/around the Bernville Protective Works. If required by local regulations, all contractor employees are required to always wear face masks which prevent the spread of COVID while working in/around the Bernville Protective Works facility. All contractor employees shall be required to have their temperatures taken prior to being allowed on the premises.

Any contractor employee who has symptoms of COVID-19 or has a temperature of 100°F or above, will not be allowed in/around the premises.

All work performed by the Contractor shall be in accordance with USACE EM 385-1-1, Safety and Health Requirements Manual, Nov 2014. The electronic version can be downloaded from https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf.

Coordinate with the Government personnel at BPW, and the COR for access to the facility, security, and safety discussions and concerns.

NOTE – Access to BPW shall be coordinated 24 hours in advance.

Coordinate with the Government personnel at BPW, and the COR, and ensure the electrical systems are disconnected, secured, and properly tagged-out prior to any work. The contractor shall supply the appropriate hasps so that the Government can install their own locks/tags in addition to the contractor.

NOTE – Deenergizing and reenergizing of the aforementioned electrical systems shall be coordinated 24 hours in advance.

Operation of any equipment at BPW will be done by Government personnel, and coordinated with the COR.

GOVERNMENT FURNISHED MATERIAL

Automatic Greaser grease – to be provided at greaser reinstallation

SCOPE OF WORK

The contractor shall provide all necessary labor, material, services, mobile crane, rigging, parts, tools, staging, transportation, material and equipment, to perform and complete the work in accordance with the following specifications. The Government will provide access to the facility.

For each of the five pumps and greasers, the contactor shall accomplish the following work:

The pumps and greasers that are to be removed, overhauled, and reinstalled are #1, #2, #3, #4 and #5. The pumps and automatic greasers are to be removed one at a time in sequential order, with the second pump and greaser removed after successful installation and testing of the first pump and greaser, and so forth.

NOTE – Successful installation and testing of the pump and greaser will be determined by the COR. The COR will then direct the contractor to proceed with work on the next pump.

1. Patterson Vertical Turbine Pump

The contractor shall lockout and tag-out (LOTO) the designated pump and associated automatic greasing system. LOTO of the designated pump to be removed shall be accomplished such that the remaining five pumps will remain functional and operational. Functionality can be accomplished by installing wiring jumpers or re-programming.

CHECKPOINT – Once the designated pump has been LOTO’d, perform an operational bump test on the remaining five pumps in the presence of the COR to ensure operational readiness. Once this bump test is successful, the contractor shall begin the process of removing the pump.

Disconnect the 30” OD discharge elbow at the Style 38 Dresser Coupling, in the upper level of the channel, below the concrete floor.

NOTE – The contractor shall secure the mating pipe where it penetrates the wall so that the pipe does not move when the elbow is disconnected. This bracing shall remain in place until the pump assembly is returned.

Disconnect all electrical (power and control) connections from the pump motor and secure all exposed wiring. Mark each leg of the wiring to ensure identical installation upon reinstallation of the motor.

NOTE – For crane and rigging purposes, each motor has a weight of approximately 3,600 pounds.

Each pump has a weight of approximately 9,500 pounds. The length of the pump from the motor mount base to the suction umbrella is approximately 20 feet. The diameter of the suction umbrella is 6’-6”. The height of the BPW building is approximately 15 feet.

Decouple the motor shaft from the pump shaft at the threaded coupling. Extra labor and force may be required since this coupling has not been removed in over 10 years. The contractor has the option to cut the motor coupling and machine a new one for reinstallation. Care shall be taken not to scar or damage the motor and pump shafts.

Unbolt the motor from the motor foundation and rig and store the motor in the vertical position (to prevent the motor lube oil reservoir from spilling out), on a contractor furnished/constructed motor pallet. Bolt the motor to the motor pallet, and store in a location within the building as directed by the COR, that will not interfere with daily operations of the facility.

Unbolt the suction umbrella from the pump prior to lifting the pump since it will not fit thru the floor opening in the installed position.

Unbolt the 6’-6” x 6’-6” pump base structure that is bolted to the floor with 8 concrete anchored bolts. Care shall be taken to not damage these bolts.

Remove by crane, the pump with base structure from the building thru the double door rooftop opening.

NOTE – While the pump is removed, the expose floor opening shall be protected from personnel falling in as required in EM-385-1-1, Section 21 - Fall Protection.

Rig and securely shore the pump onto a transport vehicle and transport the pump to an authorized Patterson Pump repair facility. As a suggested source, the regional authorized Patterson Pump office is Sherwood-Logan and Associates in Langhorne, PA., whose repair facility is in Toccoa, GA.

NOTE – The suction umbrella of the pump is not a load bearing component. It shall not be used to support the load of the pump, especially during transit to/from the repair facility.

While the pump and motor are removed, calibrate the existing panel gages and instrumentation for this pump.

Once delivered to the repair facility, the contractor shall disassemble, clean, and inspect the pump.

Inspection shall include visual inspection, measurements, and NDT testing.

While disassembled, the contractor shall complete the following on each pumo:

1. Repair the suction bell and apply an epoxy coating such as Belzona on the corroded areas.

2. Balance the impeller to within a dynamic balancing tolerance of 4 W/N or better.

3. Fabricate and install four new bronze bushings and a new shaft coupling (if required)

4. Blast the disassembled parts and components for NDT inspection.

5. Replace the grease tubes with new stainless-steel grease tubes and fittings.

Provide a Condition Report to the COR of inspection and findings. Record all critical component dimensions including bore diameters, and impeller clearance and balancing. This report shall include a recommendation of additional required repairs and parts replacement. Any additional repairs found necessary will be performed under a Contract Modification.

Upon completion of all repairs and replacement of parts, prime and paint all parts, reassemble the pump, test the pump and provide test results to the COR. The pump shall be reassembled with new stainless-steel fittings and hardware. Pump testing shall be mechanical and hydraulic performance testing, and shall include cavitation testing, vibration testing, and model testing.

During the testing, generate values of pump capacity, head, horsepower and efficiency. Generate and provide pump curves.

Upon final assembly, prepare and paint the pump and required components. Prior to transport, seal all inlet and outlet connections with plastic or wooden materials. Assembled and completed unit shall be ready for installation upon delivery at BPW.

Transport the pump to BPW in Bernville, PA, and rig and install the pump in the original orientation.

Upon reinstallation of the pump and pump base structure onto the angle iron embedded in the concrete, install a new ¼” thick lead gasket all around as shown on the reference drawing. Torque hardware as required for this application.

Bolt the suction umbrella to the pump after reinstalling the pump on the concrete base since it will not fit thru the floor opening in the installed position.

NOTE – Prior to connection with the pump, the electric motor shall be checked for rotation. Make electrical connections and jog the motor momentarily to check rotation. The motor must rotate counterclockwise when looking down from top end of motor.

Rig and mount the motor onto the motor foundation. Install the shaft coupling and connect the motor shaft to the pump shaft.

Clean and prepare the ends of the discharge elbow of the pump and the existing pipe and furnish and install a new Style 38 Dresser coupling.

Install the automatic greaser and connect all wiring and grease tubes. Fill the grease holding tank with GFM grease and use the Manual setting on the control panel to test and grease the bearings.

Restore all other removals.

2. Farval Automatic Greaser

Disconnect all electrical (power and control) connections from the automatic greaser system, and secure all exposed wiring.

Disconnect the seven 3/8” grease tube lines from the grease pump to the deck penetrations and side of the discharge elbow. Clean and remove all internal grease from the grease tubes, and prove to COR prior to reinstallation. Reconnect upon verification of cleanliness.

Remove grease pump assembly prior to removal of pump.

Jumper electric system controls and test and verify grease pump operates as scheduled according to the setting on the F5AT automatic timer. Provide Condition Report of any issues observed.

Any repairs will be handled via a Contract Modification.

CHECKPOINT – COR to witness greaser operation.

Upon satisfactory repairs, reinstall and reconnect the automatic grease pump, wiring, and grease tubing.

3. Acceptance and Verification

Testing of the overhauled pumps, greaser units and motor assemblies will occur in the field once reinstalled in the presence of the COR.

Field test each pump and motor under field conditions. Establish field operating pump characteristics and compare to original certified pump curves from the OEM.

Use the existing calibrated instrumentation during field testing. The general method outlined in ANSI/HI Pump Standards will be used as a guide for all procedures.

Once successful testing is accomplished and verified by the COR, the COR will direct the contractor to begin removal of the next pump for overhaul.

PERIOD OF PERFORMANCE

The contract work is expected to begin on/about 1 November 2022. All work listed above shall be completed within 210 calendar days after award of contract, unless extended by a Contract Modification. Completion shall be for all pumps and greasers, installed and ready for use.

SITE VISIT

A Bernville Protective Works site visit for interested contractors is scheduled for 18 April 2023 at 8:30AM at Bernville Levee at the intersection of Garfield Road and Bernville Road in Bernville, PA. (Coordinates:40.428810,-76.112491). Coordinate with Mark Saylor at 215.964.4202 or Josh Dinko at 610.377.0332 by 14 April 2023 to confirm site visit and for access to the facility.

PLACE OF PERFORMANCE

Pumps are located at Bernville Protective Works:

Department of the Army U.S. Army Corps of Engineers, Philadelphia District Bernville Protective Works Intersection of Garfield Road and Bernville Road Bernville, PA. 19506

ORIGINAL EQUIPMENT MANUFACTURER (OEM)

Patterson Pump in Toccoa, GA is the Original Equipment Manufacturer (OEM). This repair facility has the capabilities and testing equipment to rebuild and test this type and style of pump.

The repair facility will verify every design and performance specification of these Patterson pumps, including cavitation testing, vibration testing, and model testing. This Patterson pump requires a large pump hydraulic testing area because of its significant size, which is available at this location.

This test facility also features a comprehensive range of testing equipment to ensure both mechanical and hydraulic performance. With this onsite capacity, these pumps can be tested for a wide variety of simulated field conditions. Then, from the assembled test data, Patterson Pumps will generate values of pump capacity, head, horsepower and efficiency. Patterson's modern test facility in Toccoa, GA offers a complete closed-loop system for this testing.

Since these pumps were installed in 1977 and has not been overhauled in over 45 years, it is expected that many internal parts will have to be newly machined or cast. There are no “on-the-shelf” or commercial parts available for rebuilding the pump. As the OEM, Patterson Pump owns the proprietary rights to the required drawings and has the machinists, computer-controlled machining equipment, and vertical turning centers and lathes to fabricate and machine the required replacement parts.

CONTRACTOR SUBMITTALS

The contractor shall be required to submit five separate documents within 14 calendar days of Notice To Proceed (NTP) for government approval prior to mobilization of any equipment. The five separate documents are as follows: Work Plan, Health and Safety Plan, Accident Prevention Plan, Quality Control Plan, and Critical Lift Plan, as detailed below.

1. Work Plan.

The Work Plan shall be prepared and implemented by the Contractor as part of its project work.

The Work Plan shall apply to all tasks/activities and products required by this contract. The Work Plan shall be submitted in a report format, and approved by the Contracting Officer’s Representative (COR) before field activities can commence. The Contractor shall provide one electronic copy of the Draft Final Work Plan to COR who will then state what changes must be made or accept the draft as a final. The project specific work plan shall include, at a minimum:

a. Detailed project schedule through the entire period of performance.

b. Procedures for maintain equipment during period of performance.

c. Plan for completing and submitting all reports in a timely manner.

2. Health and Safety Plan.

The Contractor will be responsible for providing appropriate on-site management and supervision to accomplish work tasks and comply with the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1.

a. EM 385-1-1 and its changes are available at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf.

b. The Contractor shall be responsible for complying with the current edition and all changes posted on the web. Equipment and operators must be onsite and ready to work no later than the date specified in the notice to proceed unless otherwise specified within the contract.

c. The Contractor shall submit a project specific health and safety plan (HASP) for review and approval prior to initiation of any fieldwork. The final HASP shall include all review comments and Contractor’s responses. The HASP will comply with OSHA, EM 385-1-1 (current version) and any other federal, state or local requirements. The HASP will detail personnel training and responsibilities, project equipment, necessary personal protective equipment, medical surveillance, and other applicable procedures and protocols for maintaining complete project safety. Any action required protecting the surrounding environment, community and other third parties (e.g. visitors) will be discussed. The Contractor shall ensure that his/her personnel are not only aware of, but also comply with the safety requirements. Adherence to the plan and protection of the environment is the responsibility of the Contractor.

d. Draft Final HASP shall be submitted electronically in a report format to COR and approved by COR before field activities are authorized to commence. Upon approval from COR, the Contractor shall provide the Final HASP for the project records.

3. Accident Prevention Plan.

The contractor shall submit a project specific Accident Prevention Plan. It is expected that the Accident Prevention Plan will require the Contractor to immediately notify COR and designated US government safety officer of all accidents or incidents involving employee use of or damage or injury to facilities, equipment, or personnel. The Accident Prevention Plan Checklist is located on in Appendix A, Form A-02, of EM 385-1-1.

4. Contractor Quality Control Plan.

The Contractor shall be responsible for contract performance quality control. To facilitate this effort, the Contractor shall establish an inspection system acceptable to the Government. The Contractor shall provide a Quality Control Plan (QCP) which addresses methods for meeting the requirements of this task order. The complete QCP shall be submitted to COR in accordance with the delivery schedule. Contractor shall revise the QCP at no additional cost to the Government as directed by the Contracting Officer.

a. Contract shall submit a work history of successfully completing five (5) pump overhauls of equal design, which are in satisfactory operation for at least five (5) years. List of projects must be provided with the vendor’s bid.

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this scope of work. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall be responsible for contract performance quality control. To facilitate this effort, the Contractor shall establish an inspection system acceptable to the Government. The Contractor shall provide a Quality Control Plan (QCP) which addresses methods for meeting the requirements of this contract. The complete QCP shall be submitted to COR. The Contractor shall revise the QCP at no additional cost to the Government if required by the Contracting Officer. The Contractor shall conduct weekly on-site meetings (as required) with the Government QA representative to discuss work activities, milestones and any other pertinent issues and provide meeting minutes of said meetings within 3 days of each meeting. The QCP plan shall include a concise daily report that a minimum discusses personnel and equipment on site, significant issues, working status of each piece of equipment, weather, and all other pertinent information.

b. The Government will provide onsite quality assurance during the Contractors ongoing work performance as required. Government verification of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

c. Final Acceptance. Prior to contract completion, the COR will perform a final inspection of the contract area to ensure that the contractor has complied with all contract requirements. The results of that inspection will be documented by the COR for the contract file.

5. Critical Lift Plan

Provide a Critical Lift Plan as required by EM 385-1-1, Section 16.H.01, using Form 16-3. In addition, Critical Lift Plans are required for the following:

a. When working around energized power lines where the work will get closer than the minimum clearance distance in EM 385-1-1 Table 16-1.

b. For lifts with anticipated binding conditions.

c. Critical lifts require detailed planning and additional or unusual safety precautions.

Develop and submit a CLP to the COR 5 calendar days prior to critical lift for removal of the pump, and another CLP for reinstallation of the pump. Comply with load testing requirements in accordance with EM 385-1-1, Section 16.F.03.

W912BU23R0014

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-5 Payments to Small Business Subcontractors JAN 2017 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services 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/).

(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) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(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 products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

1. Meets all specifications contained in the scope of work.

2. Past Performance that shows background and competence in the NAICS Code and the required work.

Technical and past performance, when combined, are Equal.

(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 PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 the stock of which 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 its stock is owned by one or more women; or

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its…