D2 FAR 52.212-1 (Sep 2023) (TAILORED).pdf

FAR Clause 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) (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 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, or 150 employees for information technology value-added resellers under NAICS code 651519, 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 quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, quotations must show—

(1) The solicitation number;

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

(3) 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;

(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 Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror 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) Period for validity of quote. Unless otherwise specified on the quotation, the quoter agrees to honor the quoted prices for 30 calendar days from the date of quotation submission.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to

RFQ No. 75N95024Q00193 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.

(e) 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 FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quotations submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of quotations.

(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 4:30p.m., local time, for the designated Government office on the date that quotations or revisions are due.

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

(g) Purchase order issuance (not applicable to Invitation for Bids). The Government intends to evaluate quotations and issue a purchase order without discussions with quoters. Therefore, the vendor’s initial quotation should contain the vendor’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 quotations if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotations received.

(h) Multiple awards. The Government may accept any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the quotation, 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 offered, at the unit prices offered, unless the quoter specifies otherwise in the quotation.

(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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by -

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

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

(j) 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 Quoter 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 Quoter's name and address. The Quoter 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 Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter 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 Quoter should indicate that it intends to submit a quotation for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Requests for Information. If an unsuccessful quoter requests information on a purchase order that was issued based on factors other than price alone, a brief explanation of the basis

RFQ No. 75N95024Q00193 https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil http://www.sam.gov/ http://www.sam.gov/ for the decision shall be provided. Such explanation shall include:

(1) The number of quotations received;

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

(3) 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

(4) 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)