DJMS-12-R-0069.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

DJMS-12-R-0069

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/17/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Shannon Dinkelman

b. TELEPHONE NUMBER (No collect calls)

202-307-4962

8. OFFER DUE DATE / LOCAL

TIME

09/11/2012 16:00:00

CODE MHQ008

UNITED STATES MARSHALS SERVICE

ASSET FORFEITURE DIVISION

10th Floor CM4 2604 Jefferson Davis Highway Alexandria, VA 22301

9. ISSUED BY UNRESTRICTED OR SET ASIDE: 100.00 % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN OWNED

SMALL BUSINESS

EMERGING SMALL BUSINESSWOMAN-OWNED

SMALL BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGE

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NAICS: 493190

SIZE STANDARD: D07

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MCTCODE15. DELIVER TO

UNITED STATES MARSHAL-D/CT

141 CHURCH STREET MEZZANINE

NEW HAVEN, CT 06510-2030

CODE MCT16. ADMINISTERED BY

UNITED STATES MARSHAL- D/CT

141 CHURCH STREET MEZZANINE

NEW HAVEN, CT 06510-2030

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

MCTCODE18a. PAYMENT WILL BE MADE BY

UNITED STATES MARSHAL-D/CT

141 CHURCH STREET MEZZANINE

NEW HAVEN, CT 06510-2030

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Set Aside: 100% Small Business Requistion #: D14-12-AF032801

AFD: Towing, Maintenance, Disposal and Storage Services of forfeited/seized Vehicles for the District of Connecticut

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Shannon Dinkelman

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

DJMS-12-R-0069 Page 1 of 37

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b.SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d.PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

DJMS-12-R-0069 Page 2 of 37

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency FAO-0024 Business Management Questionaire 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2012) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.252-2 Clauses Incorporated by Reference (Feb 1998) USMS-0001 Release of Residual Funds ($100 or Less) USMS-0002 Release of Residual Funds (Greater Than $100) USMS-0003 Acceleration of Payments to Small Businesses USMS-0005 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012)

4 List of Attachments 5 Solicitation Provisions

52.204-8 Annual Representations and Certifications (Mar 2012) 52.212-3 Offer Representations and Certifications -- Commercial Items (Apr 2012) 52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities Relating to Iran - Representation and Certification (Nov 2011) USMS-0004 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) 52.212-1 Instructions to Offerors--Commercial Items (Feb 2012) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-2 Evaluation - Commercial Items (Jan 1999)

DJMS-12-R-0069 Page 3 of 37

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - Towing Services (SOC Code: 2206)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Base Period

1.000000 EA $____________ $___________________

0002 Base Year - Storage Services (SOC Code: 2512)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Base Period

1.000000 EA $____________ $___________________

0003 Base Year - Maintenance Services (SOC Code: 2507)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Base Period

1.000000 EA $____________ $___________________

0004 Base Year - Disposal Services (SOC Code: 2567)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Base Period

1.000000 EA $____________ $___________________

1001 Option Year 1 - Towing Services (SOC Code: 2206)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

1002 Option Year 1 - Storage Services (SOC Code: 2512)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

1003 Option Year 1 - Maintenance Services (SOC Code: 2507)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

1004 Option Year 1 - Disposal Services (SOC Code: 2567)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

2001 Option Year 2 - Towing Services (SOC Code: 2206)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

2002 Option Year 2 - Storage Services (SOC Code: 2512)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

2003 Option Year 2 - Maintenance Services (SOC Code: 2507)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

2004 Option Year 2 - Disposal Services (SOC Code: 2567)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

DJMS-12-R-0069 Page 4 of 37

3001 Option Year 3 - Towing Services (SOC Code: 2206)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

3002 Option Year 3 - Storage Services (SOC Code: 2512)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

3003 Option Year 3 - Maintenance Services (SOC Code: 2507)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

3004 Option Year 3 - Disposal Services (SOC Code: 2567)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

4001 Option Year 4 - Towing Services (SOC Code: 2206)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

4002 Option Year 4 - Storage Services (SOC Code: 2512)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

4003 Option Year 4 - Maintenance Services (SOC Code: 2507)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

4004 Option Year 4 - Disposal Services (SOC Code: 2567)

(See attached Excel Pricing Schedule for detailed line items)

Period Line Indicator:

Option Period

1.000000 EA $____________ $___________________

DJMS-12-R-0069 Page 5 of 37

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.246-24 Limitation of Liability--High-Value Items (Feb 1997)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-13 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991)

52.236-13 Accident Prevention (Nov 1991)

52.236-12 Cleaning Up (Apr 1984)

52.232-17 Interest (Oct 2010)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.216-22 Indefinite Quantity (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.216-18 Ordering (Oct 1995)

52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)

52.204-7 Central Contractor Registration (Feb 2012)

Clauses by Full Text

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr./Ms. Yeugenya Bendersky of U.S. Marshals Service District of Connecticut, 141 Church Street - Mezzanine, New Haven, CT 06510, (203) 773-2107 x3009, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this con-tract.

DJMS-12-R-0069 Page 6 of 37

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency

Continuing Contract Performance During a Pandemic Influenza or other National Emergency

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Se-curity concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' per-sonal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usu-al or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, an-other responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.(End of Clause)

FAO-0024 Business Management Questionaire

DJMS-12-R-0069 Page 7 of 37

(a) Provide the work distribution, by percentage, among commercial contracts and Government prime contracts (including subcon-tracts under Government contract).

COMMERCIAL:_________ percent GOVERNMENT:_________ percent

(b) List the last three contracts awarded to your firm which are of a related nature, indicating for each the following:

(1) (a) Customer & Address _____________________________

(Phone) ____________________

(b) Contract Number ______________________________

(c) Person to Contact _____________________________

(d) Type of Work _______________________________

(e) Amount of Contract $_________________________

(f) Contract Status [__] Active [__] Complete

(2) (a) Customer & Address ______________________________

(Phone) _____________________________

(b) Contract Number _______________________________

(c) Person to Contact ______________________________

(d) Type of Work __________________________________

(e) Amount of Contract $____________________________

(f) Contract Status [__] Active [__] Complete

(3) (a) Customer & Address ______________________________

(Phone) _____________________________

(b) Contract Number ______________________________

(c) Person to Contact _____________________________

(d) Type of Work _________________________________

(e) Amount of Contract $___________________________

(f) Contract Status [__] Active [__] Complete

(4) Bank Reference:

(a) Name of Bank__________________________________

(b) Address_______________________________________

(Phone)_________________________________

( c ) Person to Contact______________________________

(5) Total estimated amount of work under this contract that your firm will complete (excluding subcontractors):______________percent

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 30 days.

DJMS-12-R-0069 Page 8 of 37

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Govern-ment gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe Bene-fits

Mechanic $18.08 / 2 weeks paid vacation & 10 paid Holidays per year

Mechanic Helper $14.72 / 2 weeks paid vacation & 10 paid Holidays per year

Tow Truck Driver $14.70 / 2 weeks paid vacation & 10 paid Holidays per year

Body Repairer $18.29 / 2 weeks paid vacation & 10 paid Holidays per year

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this / these address(es):

https://www.acquisition.gov/far/

DJMS-12-R-0069 Page 9 of 37

USMS-0001 Release of Residual Funds ($100 or Less)

The contractor is advised when submitting the final invoice under this contract to submit an information copy of the invoice to the Contracting Officer. The invoice must be marked “Information Copy – Final Invoice.” If residual funds on the contract total $100 or less, the government will automatically deobligate the residual funds without further communication with the vendor. Upon receipt and payment of the final invoice, it is understood and agreed that all outstanding obligations incurred on the above referenced contract have been satisfied. Therefore, it is further understood and agreed that the government shall not be liable for the payment of any future invoices that may be submitted under the above referenced contract. (Applies to all contracts)

(End of Clause)

USMS-0002 Release of Residual Funds (Greater Than $100)

If funds greater than $100 remain on this contract after the final invoice, the Government will issue a bilateral modification to author-ize release of those funds. The contractor’s signature on the modification will constitute understanding and agreement that all out-standing obligations incurred on this contract have been satisfied. The Government shall not be held liable for the payment of any fur-ther invoices submitted under this contract. The contractor will have up to 30 calendar days after issuance of the modification to sign and return it. Further, failure to sign and return the modification within the stated time period shall be considered acceptance of the government’s intent to deobligate the residual funds; and releases the Government from any future liability stemming from or related to this contract. (Applies to all contracts.)(End of Clause)

USMS-0003 Acceleration of Payments to Small Businesses

In order for the United States Marshals Service Payment Office to comply with OMB Memorandum M-11-32, all invoices from any small business must include the following statement of self-certification of its small business status:

"I hereby certify that (Company Name) is a small business concern as defined in Federal Acquisition Regulation (FAR) subpart 2.101."

This requirement for certification is in addition to any other invoicing instructions for this contract. Failure to include this certification on invoices may result in delayed payment.

USMS-0005 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012)

(a) In accordance with sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L.

112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooper-ative agreement with a corporation --

(1) convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered sus-pension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that --

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months;

and

(2) the offeror is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and adminis-trative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

DJMS-12-R-0069 Page 10 of 37

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).

X(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109–282) (31 U.S.C.

6101 note).

__(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111–117, sec-tion 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110–161).

__(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

DJMS-12-R-0069 Page 11 of 37

__(11) [Reserved]

X(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__(ii) Alternate I (Nov 2011).

__(iii) Alternate II (Nov 2011).

__(13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__(ii) Alternate I (Oct 1995) of 52.219-7.

__(iii) Alternate II (Mar 2004) of 52.219-7.

__(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Oct 2001) of 52.219-9.

__(iii) Alternate II (Oct 2001) of 52.219-9.

__(iv) Alternate III (Jul 2010) of 52.219-9.

__(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__(ii) Alternate I (June 2003) of 52.219-23.

__(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, sec-tion 7102, and 10 U.S.C. 2323).

__(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

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(Apr 2012) (15 U.S.C. 637(m)).

X(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X(29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X(32) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

X(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__(34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.).

__(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

__(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

__(36) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

__(ii) Alternate I (Dec 2007) of 52.223-16.

__(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__(39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__(40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

__(ii) Alternate I (Mar 2012) of 52.225-3.

__(iii) Alternate II (Mar 2012) of 52.225-3.

__(iv) Alternate III (Mar 2012) of 52.225-3.

__(41) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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__(42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

__(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

__(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

__(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

X(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).

__(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__(49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

__(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indic-ated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer-tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

DJMS-12-R-0069 Page 15 of 37

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 1449 Continuation 2 2 Additional Clauses 5 3 Instructions to Offerors 3 4 Evaluation Factors for Award 2 5 Offeror Information Page 1 6 Statement of Work 8 7 Pricing Schedule 5 8 Tow Ticket 1

9 STO 1

10 Contractor's Invoice 3

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Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors--Commercial Items (Feb 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small busi-ness 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 manufac-ture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita-tion. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or sim-ilar 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 condi-tions 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 re-turned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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(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 of-fice 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 Con-tracting 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 con-sidered 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 Govern-ment personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Govern-ment office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements pre-clude 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 pro-cesses 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 re-sponse to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via fac-simile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concern-ing 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 stand-point. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be neces-sary. 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 spe-cific 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 spe-cifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

DJMS-12-R-0069 Page 19 of 37

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 (http://assist.daps.dla.mil).

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

(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 (http://assist.daps.dla.mil/wizard);

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

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

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the so-licitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror ac-knowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR data-base in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database ac-cessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

DJMS-12-R-0069 Page 20 of 37

(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 informa-tion on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be…