D Attachment 5_FAR 52.212-1 (Jun 2020)(Tailored).pdf

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) (Tailored)

(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 which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, quotes must show—

(1) The solicitation number;

(2) The name, address, and telephone number of the vendor;

(3) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(4) Terms of any express warranty;

(5) Price and any discount terms;

(6) “Remit to” address, if different than mailing address;

(7) 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 vendor shall complete electronically); and

(8) 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).

(c) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. 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.

(d) Multiple quotations. Vendors may submit multiple quotations 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 quote submitted will be evaluated separately.

(e) Late submissions, modifications, revisions, and withdrawals. (1) Vendors are responsible for submitting quotations, 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 quotations or revisions are due.

(2) Any quotation, modification, revision, or withdrawal received at the Government office designated in the solicitation after the exact time specified for receipt of quotations will be considered

RFQ 75N95021Q00202

Attachment 5 provided it is received before award is made, the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition, and the Contracting Officer determines that it is in the best interest of the Government to accept the late quotation.

(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 quotations cannot be received at the Government office designated for receipt of quotations 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 quotations 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) Quotations may be withdrawn at any time.

(f) Purchase Order award (not applicable to Invitation for Bids). The Government intends to evaluate quotations and award a purchase order without discussions with vendors. Therefore, the vendor’s initial quotation should contain the vendor’s best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest-priced quotation; and waive informalities and minor irregularities in quotations received.

(g) Multiple awards. The Government may issue a purchase order for any item or group of items in a quotation, unless the vendor qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the vendor specifies otherwise in the response.

(h) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

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

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(i) Unique entity identifier. (Applies to all quotations that exceed the micro-purchase threshold, and quotations at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The vendor shall enter, in the block with its name and address on the cover page of its quotation, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the vendor's name and address. The vendor 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 vendor to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the vendor 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 vendor should indicate that it is submitting a quotation for a Government purchase order when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(j) [Reserved]

(k) Requests for Information. If a supplier requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided. Such explanation shall include:

(i) The number of vendors solicited;

(ii) The number of quotations received;

(iii) The name and address of each vendor receiving an award;

(iv) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice. However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and

(v) In general terms, the reason(s) the vendor’s quotation was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall a vendor’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other vendor.

(End of provision)