COMBO SYNOPSIS v4.pdf
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- 11452966
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Notice type: Combo Synopsis
Response date: March 26, 2020 Class Code: W099: Lease or Rental of Miscellaneous Equipment NAICS: 561210: Facilities Support Services Solicitation #: 11452966 Place of Performance: Umatilla Army Depot, Umatilla, Oregon
SET Aside- Total Small Business
Contracting Office Address:
United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047
This is a combined synopsis/solicitation for commercial items 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.
The solicitation is No. 11452966 and is issued as a Request for Quote (RFQ). Request for Quotes are due by March 26, 2020 11:00 A.m. (PST). The RFQ will result in a firm fixed price contract.
This solicitation is 100% set-aside for small businesses.
National American Industry Classification System (NAICS) code for this acquisition is 561210.
The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following services:
I. Specifications, Requirements and Address
SPECIFICATIONS:
The contractor shall provide all equipment, material, labor, supervision; supplies and items necessary in support of the 1249 Engineer Battalion Annual Training to be conducted at the Umatilla Army Depot near Hermiston, Oregon.
Location: Umatilla Army Depot, Umatilla, Oregon
Period of Performance: 23 April 2020-5 May 2020
CLIN 001 Provide toilets - one (1) job Provide Thirty Five (35) outdoor style portable chemical toilet rentals, service and movements in accordance with the PWS
Rentals $ https://www.naics.com/naics-code-description/?code=561210
Relocations $
Cleaning services $
CLIN 0001 Total $
CLIN 002 PROVIDE Handwashing stations- one (1) job Provide twelve (12) portable double sink hand washing stations rentals, service and movements in accordance with the PWS.
Rentals $
Relocations $
Cleaning Services $
CLIN 0002 Total $
CLIN 003 Provide shower trailer units - one (1) job Provide 2 shower trailer units and gray water service in accordance with the PWS
Shower Trailers $
Relocation $
Cleaning Service $
Gray Water Service $
CLIN 0003 Total $
CLIN 0004- Army Contractor Manpower Reporting Requirement (yearly requirement).
Include price for this reporting requirement (see requirement below) or indicate “No Charge”.
CLIN 0004 TOTAL $
QUOTE TOTAL $
Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with the total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation.
Evaluation Criteria:
Award will be made to the lowest priced offeror that meets the minimum performance standards and is determined responsible in accordance with FAR Part 9.
This announcement is the solicitation which will result in a firm fixed-price contract.
Point of Contact:
Offerors can submit their quote any time before the due date to:
Deannie L. Darrow Contract Specialist, USPFO for Oregon P&C deannie.l.darrow.civ@mail.mil 503-584-3435
II.
Performance Work Statement Oregon Army National Guard
1249 ENGINEERING
BATTALION PERFORMANCE
WORK STATEMENT
UMATILLA ARMY DEPOT
Introduction
The contractor shall provide all equipment, material, labor, supervision; supplies and items necessary in support of the 1249 Engineer Battalion Annual Training to be conducted at the Umatilla Army Depot near Hermiston, Oregon.
Contractor shall coordinate with the Government Contracting Officer Representative (COR) for ALL movement of vehicles and personnel onto Umatilla Army Depot. This training exercise includes restricted areas. Although these areas will be clearly marked, it will be imperative for the contractor to validate routes for movement on Umatilla Army Depot. Safety is the first consideration of all training activities.
1.0 General
Requirements include temporary life support services in support of the Annual Training for 1249 mailto:deannie.l.darrow.civ@mail.mil
EN BN. The contractor shall coordinate with the Government COR for all site access, deliveries, set-up, maintenance and removal necessary to comply with the requirements of this contract.
The contractor will be required to respond to specific emergency maintenance issues related to these requirement 24 hours a day, 7 days a week during the performance period of this contract.
Non-functional equipment shall be responded to within 2 hours and fixed within 8 hours.
Equipment that cannot be repaired must be replaced within 24 hours.
The contractor is authorized to occupy a tent or trailer at Umatilla Army Depot. Contractor is also authorized to have a representative at the training site if they so desire to respond to any emergency or maintenance issues. Location of contractor tents / trailer will be determined by the Government COR. The contractor’s tent/trailer must be self- sustaining. Contractor will be able to use shower and portable latrine facilities at training site if necessary.
The Government desires to have the training site set-up and ready for occupancy prior to the main body arriving at Umatilla Army Depot. The contractor shall provide a specific delivery schedule1 to the Contracting Officer and the Government COR no later than (NLT) 5 days of Contract award to the COR 1249 EN BN.
Unless otherwise noted the delivery schedule will conform to the following dates and times:
• Site visit requests need to be scheduled within 5 days of contract award
• Delivery/set-up dates: 23 April 2020
• Dates of Service: 24 April 2020 - 05 May 2020
• Removal date: 1000hrs 05 May 2020
The contractor shall establish a call system for service calls/requests to include availability of phone and email. Emergency phone numbers2 shall be provided to the COR (NLT) 72 hours of Contract award.
2.0 Requirements: Portable Chemical Toilets, Hand Washing Stations Shower trailers:
2.1 Provide a minimum of thirty five (35) outdoor style portable chemical toilets (standard Restroom). Chemical toilets will be cleaned inside and outside of all units every other Day or more frequently as needed to where they are free of all human waste, soiled toilet articles and dirt. After emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service. The chemical latrines will be repositioned, as requested, in a phased manner throughout the training area. The contractor shall relocate portable toilets as directed by the Government COR not to exceed 1 total move per piece of equipment.. The movement of portable chemical toilets will be requested 24 hours in advance.
2.2 A minimum of twelve (12) portable hand washing stations (double sinks) to support 155 Soldiers. Hand washing stations will be serviced (to include paper towels, soap, refilling water, etc) at the same interval as the portable chemical toilets, every other day. Hand washing stations are to be filled completely (100%) at the start-up of the exercise and remain no less than 50% filled during the remainder of the exercise. Hand washing stations shall never run out of water to ensure that sanitary conditions are met in a field environment. Gray water will not be allowed to drain on the ground; gray water removal will be performed by the contractor for all provided services and equipment. The contractor shall dispose of all waste and gray water at an off-post location.
2.3 Two (2) each shower trailer units with 15/16 heads fully self-sustainable with power, fuel, propane, gray water holding tanks and allow to be partitioned of for female and male separation. Respond to requests for emplacement within 24 hours. The contractor shall dispose of all waste and gray water at an off-post location.
2.4 The contractor shall relocate portable toilets, hand washing stations, shower units if mission changes and/or issue’s arise. The movement should be agreed upon by all parties involved not to exceed 1 total move per piece of equipment. The move charge shall be factored in to the initial rate. The contractor shall relocate portable toilets as directed by the Government COR and the movement of portable chemical toilets will be requested 24 hours in advance.
The contractor shall maintain material safety data sheets (MSDS) in the contractor’s vehicle for all applicable material used in the performance of this service. The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines and hand washing stations and shower trailers at the Umatilla Army Depot. When more than one unit is positioned at any location, the contractor shall place the units as close together as feasible for user convenience and organized appearance. The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over. The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over.
Disposals shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations.
Fresh water can be provided via a local water hydrant on the Umatilla Army Depot, coordination for use of said water hydrant will need to be coordinate prior to use and delivery of shower trailers.
2.4 Acceptable Quality Level:
1. Provide a minimum of 35 portable chemical toilets (standard Restroom).
2. Provide a minimum of 12 portable hand washing stations, double sink style
3. Provide a minimum of 2 each shower trailer units with 15/16 shower heads.
4. Pump gray water from 2 each shower trailers; estimated fresh water usage will be anywhere from 500-1100 gallons a day pending mission. Gray water holding tank/blivets need to be able to accommodate max usage per day. Vendor will provide enough storage to allow for use of shower trailer without shutdown due to waiting on gray water pumping of tanks.
5. Chemical toilet units shall be of standard commercial manufacture intended for use as portable chemical toilets.
6. Hand washing stations are to be filled completely (100%) at the start-up of the exercise and remain no less than 50% filled during the remainder of the exercise. Hand washing stations shall never run out of water to ensure that sanitary conditions are met in a field environment.
7. Portable chemical toilets shall consist of a completely enclosed, well-vented enclosure, the roofs, sides, and floors shall be free of leaks, cracks and holes; Toilet units will include waterless hand sanitizer; Doors shall be self-closing, tight fitting, and will have an inside lock.
8. All portable toilets shall be new or like new condition, clean, single type occupancy, to include urinal, and easily serviced.
9. The contractor shall clean inside and outside of all units every other day (every 2 days) to where they are free of all human waste, soiled toilet articles and dirt; after emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service.
10. Hand washing stations will enable Soldiers to wash their hands in a sanitary manner.
11. Hand washing stations will be of standard commercial manufacture intended for use as sanitary hand washing stations.
12. The stations will be free of leaks and watertight - at least 2 hand washing station per every 4 toilets in one geographical area.
13. The contractor shall maintain material safety data sheets (MSDS) in the contractor’s vehicle for all applicable material used in the performance of this service.
14. When more than one unit is positioned at any location, the contractor shall place the units as close together as feasible for user convenience and organized appearance and/or at the direction of the on-site government representative.
15. The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over. If such units were to topple over, contractor is responsible to meet all Government requirements and removal of contaminated dirt, ground or are of contamination.
16. The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over. The chemical latrines will be repositioned, as requested, in a phased manner throughout the training area during the period of performance. The contractor shall relocate portable toilets as directed by the Government COR not to exceed 10 moves during the exercise.
17. The contractor shall dispose of all waste at an off-post location. The contractor may not dump wastes anywhere within Umatilla Army Depot unless pre-coordinated and approved by Umatilla Army Depot. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations.
18. Shower trailers will be full of fresh water, fuel, propane and paper products upon set up 1 day prior to main body hitting ground.
19. Shower trailer units will be fully self-sufficient with enough power, fuel, fresh water and gray hold tank ass necessary for 155 Soldier to shower 1 time per day.
20. Shower trailers will be have separate shower stalls in order to facilitate privacy
21. Shower trailers will enable soldiers to wash their bodies in a sanitary manner.
22. Contractor will be responsible to ensure that gray water tank will hold enough water to support the needed showers per day or coordinate the removal of gray water ass necessary to ensure shower operations re not hindered. Estimated water of 1100 gallons
23. Shower operations timeline will need to be coordinate once main body is on ground and leadership and met with personnel to discuss an effective timeline to have the showers open for use. Tentative shower operations will be from 0500 to 2300 with a 1hour shutdown window for cleaning to be determined with personnel on ground.
24. The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines and hand washing stations at Umatilla Army Depot.
25. Required movement of portable chemical toilets will be requested 24 hours in advance.
26. The contractor shall provide transportation and set up of shower trailers with all necessary gray water disposal blivets.
27. The contractor shall provide tanker, personnel and coordinate to ensure each trailer unit has enough fresh water on hand at all times to ensure soldiers may clean themselves with fresh water for sanitary reasons. Camp Umatilla has multiple water points on post that may be used to draw water from at no charge to vendor. These water points are mainly fire hydrants. Vendor must supply tools and adapters to be able to fill from water points.
28. The contractor will coordinate directly with the COR for fresh water tanker refill. The government agency and Umatilla Army Depot will provide all fresh water needed for water tankers.
29. The contractor will provide all power, gray water holding tanks, on-site maintenance as required and fuel.
3.0 Security Requirements
3.1 All service providers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to base security in order to gain access before gaining access to the site. All personnel will be subjected to a Law Enforcement Data System (LEDS) Background check. All individuals with unfavorable background checks will be banned from the installation. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or maintain onsite for the duration of the requirement.
4.0 Antiterrorism/Operations Security Requirements
4.1. All delivery drivers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to post security in order to the site. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or remain onsite for the duration of the requirement. All contractors and or employee information will need to be provided at least 15 days prior to the event start date to the COR for post access procedures.
4.2 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the contracting officer, within ten (10) days of award. AT Level I awareness training is available at the following website: http://jko.jten.mil.
4.3 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. There will be an AT/OPSEC handout for the contractor to review and a student log for the contractor to sign to complete this requirement. This training shall be completed and the results reported to the COR and the contracting officer within ten (10) days of award.
5.0 Contracting Manpower Recording Act (CMRA):
5.1 The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site.
5.2 The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil
5.3 Unit Identification Code (UIC) for the Requiring Activity: W90KNA
5.4 Issuing Office DoDAAC: W912JV
6.0 Quality Control (QC):
The contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which the contractor is assured the work complies with the requirement of the contract.
7.0 Contracting Officer’s Representative (COR):
The ORNG COR for inspection and acceptance of deliverables under this task order, and will be physically located at the Event throughout the exercise period. The COR is authorized to represent the contracting officer in interpreting the technical requirements of this task order.
However, the COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition.
8.0 Deliverable Guidelines:
8.1 Inspections and Acceptance: All deliverables must be submitted to and approved by the
COR.
http://jko.jten.mil/ http://www.ecmra.mil/ http://www.ecmra.mil/
8.2 Notice Regarding Late Delivery: The contractor shall notify the COR as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the Problem Notification Report (PNR) the rationale for late delivery, the expected date for the delivery and the project impact of the late deliver.
8.3 The contractor must include the DSR with each invoice submitted for payment to the COR.
8.4 Develop and publish a formal plan to address procedures and resources available for on-site safety, ‘real-world’ emergencies and life support capabilities. Plan must be submitted to contracting within 10 days of award.
9. Actual Deliverables due to COR:
1. Delivery Schedule
2. Emergency phone numbers
3. Contractor and/or employee basic information
4. Portable Chemical Toilets and Hand Washing Stations
5. Gray water pumping
6. Portable trailer shower units
7. AT Level I Training
8. iWATCH Training
III. Terms and Conditions:
Terms and Conditions:
Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors’ proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors’ proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil.
FAR 52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements FAR 52.204-7 System for Award Management FAR 52.204-9 Personal Identity Verification on Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership of Control of Offeror FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-22 Alternative Line Item Proposal FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209-6 Protecting the Governments interests when Subcontracting with Contractors http://www.sam.gov/portal/public/SAM/ http://wawf.eb.mil/ http://farsite.hill.af.mil/
Debarred, Suspended, or Proposed for Debarment FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.219-6, Notice of Total Small Business Set-Aside FAR 2.219-14 Limitations on Subcontracting FAR 52.219-28, Post Award Small Business Representation FAR 52.222-3 Convict Labor FAR 52.222-21, Prohibition Of Segregated Facilities.
FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.222-26, Equal Opportunity.
FAR 52.222-36 Affirmative Action For Workers with Disabilities FAR 52.222-41, Service Contract Labor Standards FAR 52.222-50, Combating Trafficking in Persons.
FAR 52.222-55 Minimum Wages Under Executive Order 13658 FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 FAR 52.223-5 Pollution Prevention and Right to know Information FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.226-6 Promoting Excess Food donation to Nonprofit Organizations FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.237-1 Site Visit FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation FAR 52.237-3 Continuity of Services FAR 52.243-1 Alt I Changes-Fixed Price FAR 52.456-4 Inspection of Services-Fixed Price DFARS252.201-7000, Contracting Officer’s Representative DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003, Government Personnel Work Product DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7011 Alternative Line Item Structure DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information.
DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax DFARS 252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials DFARS 252.225-7001, Buy American and Balance of Payments Program DFARS 252.225-7002, Qualifying Country Sources as Subcontractors DFARS 252.225-7031, Secondary Arab Boycott of Israel DFARS 252.225-7048 Export Controlled Items DFARS 252.232-7003, Electronic Submission of Payment Requests DFARS 252.232-7010, Levies on Contract Payments DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.239-7001, I/A Contractor Training and Certification
DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items
52.212-1 Instructions to Offerors-Commercial Items.
As prescribed in 12.301(b)(1), insert the following provision:
Instructions to Offerors-Commercial Items (Oct 2018)
1. (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.
2. (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—
a. (1) The solicitation number;
b. (2) The time specified in the solicitation for receipt of offers;
c. (3) The name, address, and telephone number of the offeror;
d. (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;
e. (5) Terms of any express warranty;
f. (6) Price and any discount terms;
g. (7) “Remit to” address, if different than mailing address;
h. (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);
i. (9) Acknowledgment of Solicitation Amendments;
j. (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
k. (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 https://www.acquisition.gov/content/12301-solicitation-provisions-and-contract-clauses-acquisition-commercial-items#i1113145 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
3. (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.
4. (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.
5. (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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
6. (f) Late submissions, modifications, revisions, and withdrawals of offers.
a. (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.
b. (2)
i. (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-
1. (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 https://www.acquisition.gov/content/subpart-410-uniform-use-line-items#iSubpart_4_10
2. (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
3. (C) If this solicitation is a request for proposals, it was the only proposal received.
ii. (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.
c. (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.
d. (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.
e. (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.
7. (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.
8. (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.
9. (i) Availability of requirements documents cited in the solicitation.
a. (1)
i. (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, 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. (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.
b. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
i. (i) ASSIST ( https://assist.dla.mil/online/start/).
ii. (ii) Quick Search ( http://quicksearch.dla.mil/).
iii. (iii) ASSISTdocs.com (http://assistdocs.com).
http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/
c. (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
i. (i) Using the ASSIST Shopping Wizard
(https://assist.dla.mil/wizard/index.cfm);
ii. (ii) Phoning the DoDSSP Customer Service Desk (215) 697- 2179, Mon-Fri, 0730 to 1600 EST; or
iii. (iii) Ordering from DoDSSP, Building 4, Section D, 700
Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
d. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
10. (j) Unique entity identifier. (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).) 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 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.
11. (k) [Reserved]
12. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the
Government shall disclose the following information, if applicable:
a. (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
b. (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.
c. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/content/subpart-3211-electronic-funds-transfer#i1080713 http://www.sam.gov/
d. (4) A summary of the rationale for award;
e. (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
f. (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.
52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Jan 2017)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order http://www.sam.gov/portal is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“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.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis- Bacon Act;
(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(vi) The Family and Medical Leave Act; and
(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--http://www.dol.gov/fairpayandsafeworkplaces
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act;
and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“Forced or indentured child labor” means all work or service—
(6) 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
(7) 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).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
http://www.osha.gov/dcsp/osp/approved_state_plans.html
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.
“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.
“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…
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