E1-_RFQ__FBO_30_AUG_williams_furniture_v3_(update_11sep).pdf
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- 57 IS OFFICE/MODULAR FURNITURE & WALLS
- Solicitation number
- FA301619U0287
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Revised RFQ--One word changed from "shall" to "may" and highlighted yellow.
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Request for Quote: FA301619U0287
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; proposals are being requested and a separate RFQ will not be issued.
The solicitation number is FA301619U0287 and is issued as a Request for Quotation.
This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2019-O0009.
This purchase is Full & Open Competition
NAICS code: 337214
Small business size standard: N/A
57 IS Office/Modular Furniture & Walls
Please respond to this RFQ by emailing response to: TSgt Kyle Williams at E-mail: kyle.williams.9@us.af.mil no later than 9:00 am CST, 17 September 2019 (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received.
Questions. All questions in regard to this solicitation must be submitted in writing to TSgt Kyle Williams at kyle.williams.9@us.af.mil. All questions are due September 10, 2019 by 10:00 am.
Site Visit. A site visit is scheduled for September 5, 2019 at 9:00 am. Attendees shall meet at the Lackland AFB Luke Gate Visitor’s Center. Please arrive 15 minutes early to check-in with the visitor center desk and receive your base pass. After receiving your base pass, see TSgt Williams outside the visitor center entrance to receive a briefing and directions to the site. Note: Interested vendors should submit the name, date of birth, and driver’s license number of attendees to kyle.williams.9@us.af.mil by 12:00 pm on Wednesday, September 4, 2019.
Site Visit #2: Electrical-Only. A follow-up site visit is scheduled for September 11, 2019 at 8:30 am. The purpose of this site visit is for bidders to have their electrical technicians examine the existing power capabilities of the area.
Only questions directly related to power shall be answered during this visit. No other Questions will be accepted after the visit is completed. . Note: Interested vendors should submit the name, date of birth, and driver’s license number of attendees to kyle.williams.9@us.af.mil by 12:00 pm on Tuesday, September 10, 2019.
Please provide a quote for the line items listed below. Failure to quote on all CLINs may render the quote unacceptable and ineligible for award consideration.
ITEM DESCRIPTION QTY Unit Unit Price Extended
Amount
0001 Furniture (IAW SOW) 1 Lot $_____________ $_____________ mailto:kyle.williams.9@us.af.mil mailto:kyle.williams.9@us.af.mil mailto:kyle.williams.9@us.af.mil mailto:kyle.williams.9@us.af.mil
Walls -STC rated modular walls -Modular Walls -Modular Wall (30 in tall)
(IAW SOW)
1 Lot $_____________ $_____________
0003 Delivery/Installation (IAW SOW) 1 Lot $_____________ $_____________
TOTAL COST $___________
Delivery: 90 Days ARO (After Receipt of Order) Delivery Address:
Building 2000 102 Hall Blvd Ste 305 JBSA Lackland, TX 78236
Please provide the information below:
Company
Name:
DUNS # Required Cage Code Number:
POC: Telephone #
E-Mail Address: Tax ID#:
Special Notes and Instructions:
1. This order is a Full and Open Competition
2. 52.212-1- Instructions to Offerors –Commercial Items is incorporated by reference. The following addena applies to the provision:
(b) Submission of offers:
The Offeror’s quote shall provide a detailed technical plan that includes:
i. The approach, methodology and proposed solution to satisfy the requirements included in the Statement of
Work. This shall include detailed plans to identify the furniture & wall layout that maximizes occupancy and efficiency for rooms 315, 315A, 330, 331, 331A, 331B, 331D, 335, 336, and 338 IAW the attached SOW. The plan shall include a project schedule that outlines the milestones and deliverables for this project. Plan shall ensure that power poles do not protrude into main walkways. Plan shall ensure that all outlets included in the plan are accessible to the user, free and clear of obstacles. Plan shall not allow more than four cubicles to be served by a single circuit. Plan shall ensure that no more than two duplex outlets (four plug in points) are put onto the same circuit. Plan shall ensure that no existing wall outlets or thermostats are covered or concealed by panels or other systems furniture components. Plan may utilize wall mounted applications where possible. Plans of each location shall include a Basic component floor plan sheet in which all systems furniture and workstation is tagged: to include graphic symbols for all major hanging components (flipper cabinets, shelves, task lights, tack boards, work surfaces, drawers, etc.) as determined by the government. This plan sheet shall include station numbers and movable wall and associated product locations, in 1/4" = 1'-0" scale. Plans of each location shall include a Panel and Hardware Layout sheet: to include all finish colors and fabrics, panel widths (30", 36", 42", etc.), in 1/4" = 1'0" scale, in addition to display hardware, keys and locksets shall be included. Plan sheet layouts of each location shall include a Furniture Power Distribution sheet in 1/4" = 1'0" scale to include: the location of all new powered panels, powered components, receptacles, communication ports, power poles, powered raceways, base electrical feeds and building connection points.
ii. Offers shall include a description of all the items (furniture, cabinets, walls) being offered in sufficient detail to evaluate compliance with the requirements of the solicitation and attached SOW. The contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description for the items quoting.
(c) Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes.”
(d) Product Samples is deleted in its entirety
(e) Multiple Offers is deleted in its entirety
(g) Contract award is deleted in its entirety
(h) Multiple Awards is deleted in its entirety
3. 52.212-2—Evaluation Commercial Items
(a) 502d CONS/JBKAA will issue a purchase order to the responsible vendor whose quote will be the most advantageous to the Government. The following shall be used to evaluate quotes:
The technically acceptable lowest priced quote will be determined to represent the best value.
Only technically acceptable plans, are eligible for award. The Government will evaluate the plans, selected in paragraph 3(b), for technical acceptability on an Acceptable/ Unacceptable basis. For the technical plan to be rated as "Acceptable", all areas of 2(i) & 2(ii) must be rated acceptable. If any technical part of the plan is Unacceptable", the overall proposal will be rated as "Unacceptable". The technical plan will be evaluated for the following:
i. The approach, methodology and proposed solution to satisfy the requirements included in the
Statement of Work. This plan shall include detailed plans to identify the furniture & wall layout that maximizes occupancy and efficiency for rooms 315, 315A, 330, 331, 331A, 331B, 331D, 335, 336, and 338 IAW the attached SOW. The plan shall include a project schedule that outlines the milestones and deliverables for this project.
ii. The plan shall include 2d and 3d drawings.
The standard has been met when: The offeror adequately demonstrates a sound, comprehensive, realistic, effective, and efficient approach to plan the rooms with furniture/walls in accordance with the requirements of the SOW. The projected schedule provides delivery and installation within the requested timeframe.
iii. Offers shall include a description of all the items (furniture, cabinets, walls) being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. The contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description for the items quoting.
The standard has been met when: The provided list/description of all items meet the needs/standards stated in the SOW.
(b) If the Government receives 3 or fewer initial quotes all quotes will be evaluated for Technical Acceptability.
If the Government receives 3 or more initial quotes the Government will only select the 3 lowest priced quotes and then evaluate them for Technical Acceptability. The Government reserves the right to evaluate additional quotes for technical acceptability if in the Government’s best interest. If additional quotes are evaluated for technical acceptability they will be selected in the order of price.
Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.
4. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.
5. Invoices. All invoices must be submitted electronically through WAWF.
6. Notice to Offeror. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.
7. Delivery/Assembly: Delivery shall be FOB Destination and included in CLIN prices noted above, unless otherwise and clearly noted by offeror in submitted offer. The items must be fully assembled and ready for use upon delivery.
8. The following FAR/DFARS provisions and clauses are applicable to this solicitation:
(For full text references, go to www.arnet.gov or http://farsite.hill.af.mil.)
CLAUSES INCORPORATED BY REFERENCE
CLAUSE NO. CLAUSE TITLE YEAR-MO
NAME
252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7005 Representation Relating to Compensation of Former DoD Officials.
As prescribed in 203.171-4(b), insert the following provision:
2011-11
252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support.
2016-05
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.215-7007 Notice of Intent to Resolicit. 2012-06 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or
Hazardous Materials.
2014-09
252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06
2019-O0006 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns.
2019-04
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7010 Levies on Contract Payments. 2006-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 https://www.sam.gov/portal/public/SAM/ http://www.arnet.gov/ http://farsite.hill.af.mil/
252.244-7000 Subcontracts for Commercial Items 2013-06 52.203-6 Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09
I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-7 System for Award Management. 2018-10 52.219-8 Utilization of Small Business Concerns. 2018-10 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01
252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:
2012-12
252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7006 Billing Instructions. 2005-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
2016-10
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-3 Gratuities. 1984-04 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.
2011-05
52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.211-8 Time of Delivery. 1997-06 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01
2019-O0003 52.223-2 Affirmative Procurement of Biobased Products Under Service and
Construction Contracts.
2013-09
52.227-1 Authorization and Consent. 2007-12 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2007-12 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-1 Site Visit. 1984-04 52.242-13 Bankruptcy. 1995-07 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11
CLAUSES IN FULL TEXT
CLAUSE
NO.
CLAUSE TITLE (MONTH
YEAR)
VARIATION
NAME DATE
CLAUSE TEXT
52.204-22 Alternative Line Item Proposal. (JAN 2017)
As prescribed in 4.1008 , insert the following provision:
Alternative Line Item Proposal (Jan 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
(End of Clause)
52.222-26 Equal Opportunity. (SEP 2015)
As prescribed in 22.810(e), insert the following clause:
Equal Opportunity (Sept 2015)
(a) Definition. As used in this clause.
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-
(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.
"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)
(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities
(41 CFR 60-1.5).
(c)
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41
CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-
(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5)
(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor.
The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended.
In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.
52.212-1 Instructions to Offerors-Commercial Items. (OCT 2018)
As prescribed in 12.301(b)(1), insert the following provision:
Instructions to Offerors-Commercial Items (Oct 2018)
(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 Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.
(ii) 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).) 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) [Reserved]
(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.
(End of provision)
52.222-35 Equal Opportunity for Veterans. (OCT 2015)
As prescribed in 22.1310(a)(1), insert the following clause:
Equal Opportunity for Veterans (Oct 2015)
(a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)
As prescribed in 22.1408(a), insert the following clause:
Equal Opportunity for Workers with Disabilities (Jul 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)
As prescribed in 22.1605 , insert the following clause:
Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."
(b) This required employee notice, printed by the Department of Labor, may be-
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.203-17 Contractor Employee Whistleblower Rights and
Requirement To Inform Employees of Whistleblower Rights.
(APR 2014)
As prescribed in 3.908-9 , insert the following clause:
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
(End of clause)
52.204-13 System for Award Management Maintenance. (OCT 2018)
As prescribed in 4.1105(b), use the following clause:
System for Award Management Maintenance. (Oct 2018)
(a) Definitions. As used in this clause- "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
"Registered in the System for Award Management (SAM)" means that-
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record "Active".
"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.
Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(d) (1)
(i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-
(A) Change the name in SAM;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM.
Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.
(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.
(End of clause)
52.211-17 Delivery of Excess Quantities. (SEP 1989)
As prescribed in 11.703(b), insert the following clause:
Delivery of Excess Quantities (Sept 1989) The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.
(End of clause)
(End of Clause)
252.208-
Intent to Furnish Precious Metals as Government- Furnished Material (DEC 1991)
As prescribed in 208.7305(a), use the following clause:
INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED
MATERIAL (DEC 1991)
(a) The Government intends to furnish precious…
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