HQ003417Q0023_Amendment_01_Conformed_Copy.docx

HQ003417Q0023

Section SF 1449 - CONTINUATION SHEET

52.212-2 -- ADDENDUM

52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014) ADDENDUM

1. BASIS FOR CONTRACT AWARD

The Government intends to evaluate quotes and award a Firm Fixed Price – Labor, and Time & Materials – Travel contract, to the responsible Contractor whose quote, conforming to the solicitation, is determined to represent the overall best value to the Government using a best value trade-off evaluation process. Quotes will be evaluated on their proposed Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP) and how it demonstrates the Contractor’s ability to meet or exceed the performance objectives of the Statement of Objectives (SOO), on their price submission, and the administrative requirements of this solicitation, i.e.: completing the FAR and DFARS provisions & clauses requiring a response from the Contractor in this solicitation, and returning a signed block 30a, 30b, 30c - SF 1449.

The technical response shall include all information the Contractor wants the government to consider and evaluate regarding its company’s ability to perform all the objectives in the SOO and conform to all required terms and conditions. In order to be eligible for award, the Contractor’s quote must sufficiently address all aspects of the SOO. With regard to the best value analysis for the award decision, the below evaluation factors will be evaluated and considered in the Agency’s trade off analysis.

As the Government intends to award without discussions, Contractor’s should put forth their best effort on their initial submission. Quotes that are not rated at least “Green / Acceptable” in any area during source selection evaluation, may be deemed ineligible for award and excluded from further consideration. However, the Government reserves the right to conduct discussions or seek clarifications if the Contracting Officer determines they are necessary. In the event issues pertaining to a proposed task cannot be resolved to the Contracting Officer’s satisfaction, the Government reserves the right to withdraw and cancel the proposed contract. In such an event, Contractor’s will be notified in writing.

In response to this solicitation, no terms, conditions, or assumptions will be entertained. If terms, conditions, or assumptions are included in an quote, the quote may be excluded on grounds that it failed to comply with the solicitation’s instructions. By submission of a quote, Contractor’s accept all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

2. GENERAL INSTRUCTIONS

All questions related to this solicitation shall be submitted in writing no later than Wednesday, August 23, 2017 @ 10:00 AM (EASTERN). Questions related to this solicitation should be addressed in writing and submitted by email to the attention of the Contracting Officer, Earl E. Anderson, earl.e.anderson51.civ@mail.mil and Contract Specialist, Elaina L. Barker, elaina.l.barker.civ@mail.mil. Oral communications are not permissible. The Government reserves the right not to answer questions submitted after this time.

Quotes are due no later than Monday, September 25, 2017 @ 10:00 AM (EASTERN) and shall be submitted by email to the attention of the Contracting Officer, Earl E. Anderson, earl.e.anderson51.civ@mail.mil and Contract Specialist, Elaina L. Barker, elaina.l.barker.civ@mail.mil. Quotes shall include the RFQ number, date of submittal, Contractor’s name, address, CAGE code, Point of Contact Name, Phone, and Email, and business size under NAICS code # 541690 on the first page of each attachment. There is a 10 MB limit for all electronic submissions via e-mail. The 10 MB size limitation applies to a single e-mail. Contractor’s may submit multiple e-mails but all e-mails including their attachments must be explicitly marked as part of the quotation submission and received before the closing time for quotations.

Page limitations are identified below under each evaluation factor and will be treated as maximums. If exceeded, excess pages will not be read or considered in evaluation of the quote. The following items will not be considered when calculating page limits: Cover Page, Table of Contents, Glossary, and OCI mitigation plans (if applicable). The Technical Volume of a quote is limited to 25 pages. Resumes of proposed personnel are limited to 3 pages each and do not count towards the 25 page limit of the Technical Volume. Pricing information shall not be included in the Technical Volume of the quote.

The Technical Volume shall be submitted as a Microsoft (MS) Word or PDF document. The 8.5” x 11” page format shall have a 1-inch margin using no smaller than a 10-point Times New Roman font for all text, with the exception of text in tables or figures, which shall be no smaller than an 8-point Times New Roman font. The Price Volume shall be submitted in an MS Excel spreadsheet format and shall be separate from the Technical Volume an MS Word doc or .pdf may also be provided as part of a supporting pricing narrative. All formulas in the Price Volume shall remain present in the spreadsheet for verification. Submission of hard-numbered, file protected, or otherwise unworkable Excel documents; or, submission of .pdf files will be deemed non-responsive and may preclude a quote from further consideration. Page limitations shall not be circumvented by including inserted text boxes / pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered part of a quote. The Government reserves the right not to consider for award any quote that does not adhere to the administrative requirements of this solicitation.

A Contractor agrees that if its quote is accepted within 120 calendar days from the date of receipt, it will furnish the items and services identified in its quote, at the price quoted, to the designated point(s) within the time specified in the contract.

Volume I – Technical. The Contractor shall submit sufficient information for the Government to make a comprehensive evaluation of its technical capability and approach in successfully meeting the performance objectives. In particular, the PWS and QASP proposed must demonstrate the Contractor’s ability to meet or exceed the performance objectives, with particular attention to Sections 5.4 and 5.5 of the SOO. Additionally, the Contractor shall submit a response demonstrating expertise and execution in using project risk rating tool(s) and processes inclusive of inputs and outputs, to influence lending with major banks and financial institutions. The Contractor shall provide the number of energy infrastructure projects executed, the bank/financial lending which was influenced to provide the capital investment, and the description/dollar amount of the executed projects attributable to the firm’s risk rating tool(s) and processes. Lastly, the Contractor shall submit resumes of personnel with extensive knowledge, proficiency, and experience evaluating energy related financing.

Volume II – Price. The Contractor should ensure their price quotation includes detailed information regarding the resources required to accomplish the task (e.g., labor categories, labor hours, number of employees for each labor category, rates, etc.).

Due to the likely inability of the Contractor to accurately estimate travel associated with this requirement, the Government is providing a not to exceed amount that must be used by the Contractor for the travel CLIN. However, actual travel shall be authorized by the COR in writing prior to performance and will be paid in accordance with FAR Part 31.205-46. No profit or fee will be authorized for travel.

Travel: Up to 1 out of the area trip to the financial district in New York is anticipated.

Base Year: $8,000.00

The Contractor shall propose a fixed price payment plan commensurate with the value of the deliverables and / or significant milestones in the proposed PWS for the labor CLIN on this requirement. The payment plan shall be rounded to two (2) decimal places, the sum of which shall equal the associated fixed price task. The eventual awardee will be authorized to invoice monthly for all approved travel costs incurred and approved by the COR.

Volume III – Contract Administration. The Contractor shall submit a signed SF 1449, and the FAR and DFARS provisions and clauses which require the Contractor’s response, as a MS Word or PDF document.

2. EVALUATION CRITERIA

TECHNICAL FACTOR

The Technical Factors are more important than the Price Factor. The following 3 Technical Factors are of equal importance and will be evaluated in numerical order. In the event that a Contractor is rated Red / Unacceptable for any of the below Technical Factors, the Government will stop the evaluation at that point and the Contractor will be excluded from further evaluation and consideration for award. The color / adjectival ratings and definitions in Evaluation Table 1 will be used to assign a rating to each Technical Factor which includes consideration of risk (descriptions are outlined in Evaluation Table 3), in conjunction with the strengths, weaknesses, significant weaknesses, and deficiencies in determining the technical rating for each Technical Factor.

Technical Factor 1: The Government will evaluate the extent that the Contractor’s PWS meets agency’s needs. The Government will also evaluate the extent that the PWS and QASP proposed demonstrates the Contractor’s ability to meet or exceed the performance objectives, with particular attention to Sections 5.4 and 5.5 of the SOO.

Technical Factor 2: The Government will evaluate the extent that the Contractor’s quote demonstrates expertise and execution in using project risk rating tool(s) and processes inclusive of inputs and outputs, to influence lending with major banks and financial institutions.

Technical Factor 3: The Government will evaluate the extent that the Contractor’s quote provides personnel with extensive knowledge, proficiency, and experience evaluating energy related financing based on the professional & technical qualifications of the proposed personnel.

PRICE FACTOR

The Price Factor is less important than the Technical Factor. The price will not be scored or rated. The Contractor’s price quote’s will be evaluated using one or more of the techniques defined in FAR Part 15.404 in order to determine if it is fair and reasonable and complete. The Government reserves the right, but is not obligated, to conduct a realism analysis.

4. RATING METHODS

Each Technical Factor, through an assessment of risk, any strengths, weaknesses, significant weaknesses, and deficiencies, will receive one rating described in Evaluation Table 1.

EVALUATION TABLE 1:

COLOR SCHEME FOR THE COMBINED TECHNICAL AND RISK RATINGS

Blue

Outstanding Proposal/quotation indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple

Good Proposal/quotation indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green

Acceptable Proposal/quotation meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow

Marginal Proposal/quotation has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red

Unacceptable Proposal/quotation does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

EVALUATION TABLE 2:

DEFINITIONS RELATING TO THE TECHNICAL EVALUATION RATING PROCESS

Deficiency is a material failure of a proposal/quotation to meet a Government requirement or a combination of significant weaknesses in a proposal/quotation that increases the risk of unsuccessful contract performance to an unacceptable level.

Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor or subfactor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

Significant Weakness in the proposal/quotation is a flaw that appreciably increases the risk of unsuccessful contract performance.

Strength is an aspect of an offeror's proposal/quotation that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness means a flaw in the proposal/quotation that increases the risk of unsuccessful contract performance.

EVALUATION TABLE 3:

TECHNICAL RISK RATING METHOD

increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

STATEMENT OF OBJECTIVES

Statement of Objectives as of July 24, 2017

Title: Alternative Financing for Energy Resilience Projects – Establishment of a Defense Energy Resilience Bank for National Security

Requiring Activity: Office of the Deputy Assistant Secretary of Defense, Installation Energy (ODASD(IE))

1.0 Purpose: Through the Massachusetts Institute of Technology, Lincoln Laboratory (MIT-LL) energy resilience framework and tool development, the Office of the Secretary of Defense (OSD) and the Military Departments have identified cost-effective energy resilience projects that can be pursued through alternative financing with financial and lending institutions. The energy resilience business case framework allows for stakeholders and decisions makers in government and the private sector to consider wide scale adoption of alternative financing for energy resilience projects on Department of Defense (DoD) military installations.

This research study will use the results of the MIT-LL energy resilience framework, and the associated tool development, data, and information, to better translate DoD mission requirements to financial and lending institutions. It will consider alignment of DoD mission requirements, assumptions, and metrics to inform project development, schedules, and risk ratings. The research study will use data and information representing DoD mission requirements to inform the development of a financing tool that will provide key DoD and financial institution stakeholders metrics needed to make risk-informed decisions for lending and accelerating adoption of alternative financing for defense energy resilience projects that support national security objectives.

2.0 Scope: The study’s scope includes partnering with MIT-LL to review data and information on DoD energy resilience projects to inform a financial tool development. The tool will include information, data, and metrics required by lending institutions to appropriately determine risk ratings and decisions for alternative financing.

The study shall also review the current impediments to accelerate adoption of alternative financing for defense energy resilience projects, and the establishment of a Defense Energy Resilience Bank (DERB). There are various examples which will be reviewed to determine an appropriate “bank” structure. As an example, one vision is a deregulated market where various lending institutions can provide capital investment commitments to businesses or government agencies that have established the appropriate processes to deliver predetermined and verified project requirements, project schedules, and project ratings. Vendors, providers, and industry partners could compete for the capital and funding to implement energy resilience projects that have been identified through a structured, collaborative process with lending institutions. The process would strive to reduce project risk and approve projects which have clearly articulated requirements, schedules, and ratings. The recommendations that result from this study will be used to inform the vision for a DERB.

The study will document areas that DoD, businesses, and lenders can focus on to lower the overall costs and risks of lending. It will also investigate the advantages of developing market and government structures/processes to effectively continue to share and translate DoD mission and project requirements to enhance the efficiency of lending for project development.

Finally, the study will review current legislation and DoD authorities. It will provide recommendations on changes (if necessary) to current legislation and DoD authorities to accelerate the adoption of energy resilience projects, and the establishment of a DERB. The study should investigate areas such as (but not limited to): lowering lending rates to achieve national security objectives; increasing or broadening energy incentives (e.g., demand response); and updating or developing new authorities for defense energy resilience projects.

3.0 Period and Place of Performance: The period of performance for the study will be one year from date of award with a target award date of Q1FY2018. The work will be performed at the contractor’s facility. The contractor will be required to travel to military installations to verify and validate information and data, and will be requested to meet with DoD stakeholders on an as needed basis in the Washington DC area.

4.0 Background: In recent years, natural events such as Hurricane Sandy and reliability issues such as the lack of maintenance or testing of emergency backup systems have caused energy disruptions on military installations leading to impacts on critical missions. In the future, man-made issues such as physical and cyber events could accelerate energy disruptions, hindering the ability of the DoD to conduct critical missions on its military installations. To remediate these energy resilience risks, DoD is pursuing energy resilience as a priority. DoD has defined energy resilience as the ability to prepare for and recover from energy disruptions that impact mission assurance on military installations. Further information on DoD’s Energy Resilience Program, can be found here: http://www.acq.osd.mil/eie/IE/FEP_Energy_Resilience.html. The MIT-LL study and other policy and supporting documents are located on this website.

Historically, DoD energy resilience was provided through “generator-by-generator” purchases that backup a specified critical mission or facility. Strategic or integrated solutions were not always considered. Integrated solutions could include distributed or renewable energy sources; diversified or alternative fuel supplies; and even movements to alternative locations, or mission-to-mission redundancies that include risk-informed decisions. Holistic solutions across a military installation would allow for consideration and review of upgrading, replacing, maintaining, and testing current and future energy generation systems, infrastructure, and equipment on military installations and facilities. These broader, holistic solutions allow DoD the capability to ensure available, reliable, and quality power to continuously accomplish DoD missions from military installations and facilities.

Through the MIT-LL study, the traditional “generator-by-generator” approach was found to be a more costly and less reliable approach than other solutions at sampled military installations. For example, distribution system upgrades and consolidated power generation were opportunities which could more feasibly provide cost effective solutions to increase installation energy resilience. The energy resilience framework in the MIT-LL study has allowed for a more strategic and comprehensive review of energy resilience across military installations and the DoD. The framework also has allowed DoD to make risk and cost determinations based on the DoD’s unique mission requirements that would impact an installation’s energy resilience project.

The DoD has issued policy to remediate energy resilience risks within DoD Instruction (DoDI) 4170.11. DoDI 4170.11 captures DoD’s energy resilience requirements. Other energy resilience requirements which the study will support are reflected in the FY2017 and FY2018 National Defense Authorization Act, which requires the DoD to report on the establishment of energy resilience metrics, and plans to replace or improve emergency power generation on military installations; and the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) Better Buying Power initiatives.

5.0 Performance Objectives: The following are the performance objectives of this project:

5.1 Reviewing important financial, economic, and technical metrics needed for the pursuit of alternative financed projects, and determining risk ratings for energy resilience projects to include:

1. Life cycle costs: Evaluating a project based on its full economic life, including all costs arising from owning, operating, maintaining, testing, and disposing of a project. Metrics could include cost of operating, maintaining, testing, and fuel costs.

1. Technical metrics: Availability, reliability, and quality of current and future energy systems to meet the desired capability or requirement of an energy resilience project.

0. Recommending improvements in current DoD tools and methods that align to financial industry’s risk rating methods, to include:

0. Considering financial industry metrics needed for alternative financing and lending.

0. Describing and recommending data inputs necessary to reduce risk for projects.

0. Documenting & reviewing the current impediments to accelerate alternative financing and lending, taking into consideration the financial industry’s evaluation of project risk, to include:

1. Financial, business, and private sector challenges.

1. Legislative, regulatory, and DoD authority considerations.

0. Project challenges (e.g., lack of project level details such as economic or reliability data, minimal details associated with project schedules, key stakeholders unwilling to make firm execution or performance commitments, etc.).

0. Documenting & recommending the appropriate policies or processes needed to overcome challenges to accelerate broad adoption of alternative financing for energy resilience projects and to establish a DERB, which address:

1. Is a deregulated or regulated structure appropriate?

1. What processes and procedures should DoD establish?

c. Can projects be bundled for more efficient and effective execution?

d. What current or new authorities are required to maximize execution of projects?

e. What modifications to DoD financial tools are needed to develop project risk ratings?

f. Who are the key policy and financial industry stakeholders (and their roles) in a DERB market structure?

g. What is the optimal market structure for a DERB?

0. Building, modifying, and delivering a risk rating tool for energy resilience projects that considers financial industry perspectives and DoD requirements, to include:

1. Comparing, contrasting, and translating DoD requirements to the financial sector. Comparing and contrasting existing commercial tools for energy resilience project ratings, and reviewing/recommending necessary modifications of existing commercial tools.

1. Reviewing, validating, and coordinating the risk rating tool’s development with all the appropriate stakeholders (e.g., installation, command/region, service, OSD, financial industry, etc.).

1. Inclusion of actual project data across various DoD energy resilience projects into the risk rating tool to: (1) clearly articulate projects’ ratings, (2) provide determinations for access to capital and funding, (3) identify the authority to be used for project execution; and (4) identify shortfalls and impediments to lending using the risk rating tool’s quantifiable outcomes.

0. Delivering the final tool, report, and brief to the Office of the Deputy Assistant Secretary of Defense, Installation Energy, and other DoD stakeholders participating in the study.

1. Providing recommendations on any gaps needed for DoD to access capital and funding.

1. Providing recommendations on how to address any shortfalls that would prevent DoD from accessing capital or funding for energy resilience projects.

0. Delivering a draft Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance to ensure service levels reach and maintain required levels throughout the project term. The QASP will be finalized immediately following award with a copy provided to the Contractor after award, and will be a living document that may be updated by the Government as necessary.

0. Delivering a Monthly Progress Report (MPR) outlining the expenditures, billings, technical progress, status, and any problems / issues encountered in the performance of this study.

6.0 Operating Constraints: The contractor shall protect technical and for official use only information as described in DoD Directive 5205.02E, DoD Manual 5205.02M, and DoDI 5230.24.

Energy Resilience Study

FFP

The Contractor shall provide services in accordance with the Statement of Objectives as of July 24, 2017 and the Performance Work Statement and Quality Assurance Surveillance Plan per the offer dated TBD.

NET AMT

Travel T&M All travel shall be pre-approved by the COR identified in WHS/AD local clause 252.201-9000 prior to the Contractor incurring the cost in support of the Statement of Objectives as of July 24, 2017, and the Performance Work Statement and Quality Assurance Surveillance Plan offer dated TBD. Travel shall be in accordance with FAR Subpart 31.205-46.

TOT ESTIMATED PRICE

CEILING PRICE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has 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; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(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.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with 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.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

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

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

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

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

(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.

(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) database.) 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.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM database 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 SAM database accessed through https://www.acquisition.gov.

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

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

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

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

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

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Please see FAR 52.212-2 Addendum below.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

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 https://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 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…