1449.pdf

36 CONTRACTING SQUADRON (FA5240)

UNIT 14040

BUILDING 17000

APO AP 96543

671-366-4214

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

7.0M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5240-12-R-0004 19-Mar-2012

b. TELEPHONE NUMBER

(671) 366-6620

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 19 Apr 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5240

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F1C341 16. ADMINISTERED BY

36 FSS/FSDE - F1C341

RAY STIERS

UNIT 14002 BOX 14

APO AP 96543

TEL: 366-5197 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LORRAINE A. BRANDON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

713940

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5240-12-R-0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Months Andersen AFB Pool Lifeguards

FFP

FFP

Contractor shall provide all products, supervision, personnel, equipment, transportation, material, and other items necessary to perform lifeguard services at

Andersen AFB pool in accordance with the performance work statement.

POP: 1 JULY 2012 - 30 SEPTEMBER 2012

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 12 Months Option Year 1

FFP

Contractor shall provide all products, supervision, personnel, equipment, transportation, material, and other items necessary to perform lifeguard services at

Andersen AFB pool in accordance with the performance work statement. POP:

1 OCT 12 - 30 SEP 13

SIGNAL CODE: A

0003 12 Months Option Year 2

FFP

Contractor shall provide all products, supervision, personnel, equipment, transportation, material, and other items necessary to perform lifeguard services at

Andersen AFB pool in accordance with the performance work statement. POP:

1 OCT 13 - 30 SEP 14

PERFORMANCE WORK STATEMENT

14 Feb 12

PERFORMANCE WORK STATEMENT FOR

ANDERSEN LIFEGUARD SERVICE

1. BRIEF DESCRIPTION of SERVICES:

Certified lifeguard services at Andersen AFB swimming pool. Additionally standards are defined in this Performance Work Statement (PWS) and Service Delivery Summary (SDS)

IAW relevant portion of AFI 34-110, AFOSH 48-14 and AFOSH 91-66 as referenced below.

The contracting officer possesses sole authority to resolve any questions and conflicts regarding interpretation of any PWS provision.

2. The Contractor shall:

2.1 Develop and implement an acceptable policy manual and action plan. The policy manual and action plan establishes the strategy and methods for safeguarding life, health and property and conducting a safe and effective environment consistent with

AFI 34-110, AFOSH 91-66 section 1.16, AFOSH 44-108. All SDS items shall be specifically addressed in the policy manual and action plan and referenced according to the relevant PWS item number. This policy manual and action plan must be submitted for approval to the Contracting Officer prior to beginning performance on the contract. This policy manual must include, (as a minimum) items 2.1.1 through

2.1.11 below.

POOL:

2.1.1 Develop method to determine when to close the pool due to unsafe conditions; (i.e.

lightning, thunder, poor water quality (ph/chlorine levels), or if telephone service is lost, there must be other communication means such as a cellular phone, which will be provided, maintained and controlled by the contractor.

2.1.2 Develop emergency action plans, at a minimum must include: recognizing and responding effectively to emergencies, performing CPR, first aid and the use of an AED

(automated external defibrillator), any other major incident responses and minor incident responses and emergency evacuation routes.

2.1.3. Keep copies of all current required certifications on file at the pool. All lifeguards are required to have nationally recognized current certifications in Lifeguard Training, CPR for the Professional Rescuer, First Aid and AED (automated external defibrillator).

2.1.4. Implement an in-service training plan. All lifeguards will participate for a minimum of one hour of in-service training every two weeks of employment. (Reference

AFI 34-110, para 13.4.1.) This training must be documented and available to the

Government COR personnel. The purpose of in-service training is to improve the skills and abilities of the lifeguards and to improve overall facility safety.

2.1.5. The contractor shall develop daily safety checklists for the pool.

2.1.6. Develop an effective plan for surveillance/position of lifeguards’ duty stations and rotation for the pool.

2.1.7. Develop a plan for maintaining a safe, clean and healthful environment in and around the pool IAW AFOSH 48-14, 2.1.2. This plan shall cover vacuuming and scrubbing the inside of the pool, cleaning and sanitizing the bathhouse, and cleaning of all other areas of the entire facility.

2.1.8. Develop an Exposure Control Plan.

2.1.9. Develop an opening and closing checklist. Checklist must be available for COR inspections. Checklist must include closing security guidelines and must be initialed to maintain line of responsibility for building security.

2.1.10. Develop a child registration system to include all children under the age of 15 yrs old. This registration system must distinguish between swimmers who have access to the deep end of the pool and those who do not and unattended children between 11-15 yrs of age. Children 10 yrs and under be must under the direct supervision of an adult.

(Reference AFI 34-110, 13.8.1) Unattended children between 11-15 yrs must pass the deep water pool access test and have authorization by a parent or legal guardian to be unaccompanied. The deep water pool access test includes the ability to swim at least 12 meters (roughly 40ft), tread water for one minute, and pull themselves from the water without using the pool ladder. This registration system can be accomplished by using a log book or a paper filing system. The registration system will be safeguarded and protected Reference AFI 33-332 Para 10.1 and 10.2. The Government COR will provide training and all the pertinent information necessary to be filed into this system. The information gathered to complete the registration forms must be kept confidential and secured so only employees and Government COR have access. All children must wear wristband tags, which will be provided by the government at no expense to the contractor.

Families visiting Guam for less than 60 days shall follow the same registration system procedures as above, but shall be entered into a temporary log book.

2.1.11. The contractor must develop and maintain an acceptable quality control plan to ensure systematic inspection of the services provided. Implement procedures to identify and prevent defective services from reoccurring.

2.1.12. The contractor must identify in writing to the Government COR an employee(s) authorized to speak and act for the contractor. This person(s) shall function as a Quality

Control Inspector and Contract Representative. They do not necessarily have to be an additional person(s). They may also be one of the lifeguards or an ID checker. They must be appointed in writing and be available to the Government COR personnel at all times during contract hours of operation. Government COR personnel will notify this individual(s) in the event of customer complaints.

2.2. Notify Government COR immediately if any property is broken or missing. Replace any government property destroyed or damaged due to willful misuse, negligence or intentional destruction.

2.3. Participate in the observance of the National Anthem at 1700 daily and ensure that the pool patrons do the same.

2.4. Provide (with minimum 72 hrs notice) lifeguards at Andersen Pool in support of special events when requested outside of normally scheduled hours of operation. Special events are any base event requested by the COR that requires lifeguarding after normal hours. One event per quarter, normal staffing level x 8 Hrs X 4 quarters = maximum of

96 hrs annually. If the Government does not provide adequate notice, the contractor may choose to perform the services as required, or to decline the service with no adverse

Government action.

2.5. Provide standard commercial lifeguard uniforms and whistles to employees.

2.6. Provide with no “out of stock” outages, hand soap and cleaning supplies such as toilet cleaning solution, bleach, mops, gloves, scrub pads, glass cleaner, etc for the pool.

2.7. Provide the Government COR via email or telephone, 3 days notice for re-issue of the supplies listed in PWS Item 3.2 and 2.1.10.

2.8. Immediately turn over any lost and found items to the Government COR personnel

2.9. Train and assign a front desk attendant/id checker at the pool. This person will be responsible for ensuring only authorized personnel enter the facility. Authorized personnel are armed forces military personnel, dependents, retirees, DOD civilians, and guests of any of these personnel. They will also ensure all customers sign in and sign out.

This person will be responsible for maintaining the child registration system. They will also assist lifeguards with emergency situations by phoning emergency services, notifying the chain of command, and assisting with crowd control.

2.10. Ensure all lifeguards are enforcing rules and regulations for the pool facility. The rules will be provided upon contract award. The rules are posted in areas at the pool and the beach facilities. In the event a patron does not follow the posted rules and becomes disruptive or refuses to adhere to the posted rules, blow the whistle and clear the pool of the swimming patrons, ask the individual to wait for further assistance and contact the

Government COR for assistance. Ensure all incidents are reported on an incident report form.

2.11. Ensure all Government provided safety and rescue equipment are readily available.

This equipment is all listed in the GFP (Government Furnished Property) List.

2.12. Develop a plan to close the pool at ten (10) minutes prior to the hour during Open

Recreation hours of operations; the pool will be cleared of all Open Recreation swimmers to allow a safety check, and to enable the contractor checks specified in the policy manual. Once completed, the pool will reopen at the top of the hour for normal operations.

2.12.1 Hours of Operation

Andersen Pool

Monday, Tuesday, Wednesday, Friday- Open Rec 1400-1800

Saturday, Sunday, Federal Holidays- Open Rec 1200-1800

Thursday- Closed

Christmas Day- CLOSED

2.12.2 Andersen Pool Minimal Staffing Requirements

- 3 Lifeguards, 1 ID Checker

The required standard ratio for numbers of lifeguards to swimmers is 1 to 50. The contractor is responsible for providing additional lifeguard staffing if the pool usage levels warrant based on adequate supervision for the safety of patrons and/or the required standard ratio. This minimum may be waived by COR personnel (on a case-by-case basis) if sustained low customer usage does not warrant this level of manning.

2 The government shall:

3.1. Notify the contractor when services are not needed due to scheduled or unexpected closures of the pool and/or beach. Closure of the pool may be the result of, (but is not limited to): Typhoons, facility renovations, repairs, or the need for the super-chlorination due to accidents

3.2. Notification for scheduled closures will be provided to the contractor at least one week prior to closure, whenever possible.

3.3. The government will provide the contractor with as much notice as feasible in the event of unanticipated or emergency closures of the facilities.

3.4. Provide toilet paper, paper towels, and trash bags for the bathrooms.

3.5. Provide rescue equipment. This equipment is listed in the GFP list.

3.6. Provide a vacuum, water hose, scrub brushes, chemical test kits and net/skimmers for cleaning the pool area.

4. Deductions for Pool Closures:

4.1. An allowance of four weeks, or 24 equivalent operating days, for scheduled or unexpected closures and shall be exempt from deduction and considered within initial contract pricing.

4.1.1 Any number of days services are not rendered exceeding this allowance shall be deducted from contractor’s invoice on a monthly pro-rated basis. Deductions will be computed by using the monthly or weekly rates in the schedule to compute a daily rate.

This rate will be multiplied by the number of days the pool is closed. For the purpose of this order, and period of closure exceeding four hours in one day constitutes a day of closure.

4.1.2 To prevent payment delays, contractor should verify with the COR on the number of days services were rendered and invoice accordingly. The Contracting Officer shall resolve disagreements.

5. Quality:

5.1 Government COR personnel will periodically evaluate the contractor’s performance to monitor performance and ensure satisfactory services are rendered. COR personnel will evaluate the contractor’s performance through the use of intermittent on-site inspections of the contractor’s quality control program. Surveillance is at the discretion of the Government. Although the Government COR is responsible to initially validate or define customer complaints, the Contracting Officer will make final determination as to the validity of customer complaints, (in case of disagreement).

6. SECURITY REQUIREMENTS: The contractor will be responsible for base and vehicle passes and security requirements for all employees under this contract. All individuals performing services under this contract must have access to Andersen AFB and may be required to provide necessary materials to obtain access to Andersen AFB such as a favorable GPD background check and proof of US citizenship or valid work permit.

7. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE

NATIONAL COMMAND AUTHORITY OR OVERSEAS COMBATANT

COMMANDER: Contractor employees are required to participate in base exercises during normal hours of contract operation. The contractor must notify COR or the Contracting

Officer prior to incurring any costs associated with participation in any exercise, or “real world” event.

8. HAZMART: The contractor is required to provide the Government with a listing of all hazardous materials to be utilized during performance of this contract. The Government will inventory all chemicals that the contractor brings on to Andersen AFB or any property under the control of Andersen AFB. Any products that meet the criteria for

“Hazardous Waste” must be bar coded and tracked until permanently removed from

Government property. The inventory will be performed at HAZMART facility, prior to commencement of work. Criteria for identifying hazardous waste, is contained in Subpart

C of 40 CFR, Part 261.”

9. POLLUTION PREVENTION:

(a) In accordance with Air Force Pollution Prevention Strategy, Andersen AFB intends to effectively promote pollution prevention by minimizing or eliminating the use of hazardous materials and the release of pollution into the environment. As part of this initiative, contractors shall comply with all Federal, State, and Local environmental laws, regulations, and guidelines. In addition, the following special requirements shall apply:

(1) The provision AFFAR 5352.223-9000.

(2) The provision Environmental Compliance.

(b) Contractors are encouraged to participate in the following voluntary programs:

(1) Affirmative Procurement - purchasing of supplies and services using recycled products(buying green products)

(2) Recycling of waste products to the maximum extent possible.

(3) Energy Conservation”

SERVICE DELIVERY SUMMARY. The following will be the performance objectives

SS # Performance Objective

PWS

Paragraph

Performance Threshold

1 Lifeguards are properly certified. Lifeguards attend in-service training. Lifeguards wearing proper uniforms/whistles.

2.1.3, 2.1.4, 2.5, 2.13.3, 2.13.9

100%

Minimum manpower requirements are met. Quality

Control Inspector/Contract

Representative is available.

2.12.2, 2.13.14

3 Rescue equipment operational and readily available

2.1, 2.13.13

4 Pool hours of operation are met 6, 2.12.1

100%

5 Pool bathhouse cleanliness and sanitation. Maintain proper stock of cleaning supplies and gov’t supplied items.

2.1.7, 2.6 93%

6 Lifeguards perform their duties and responsibilities. Lifeguards perform effective surveillance and rotations.

2.1, 2.1.1, 2.10,2.11, 2.12, 2.1.2, 2.1.4, 2.1.6, 2.13, 2.13.1, 2.13.2, 2.13.4, 2.13.6, 2.13.12

7 Daily Safety Checklist is completed

2.1.5, 2.13.5

8 Check ph and chlorine and maintain proper records

2.1.7 100%

9 Customer Service/Customer complaints

5.1 Not more than 1 valid

complaint per month

10 Conduct safety check and clear pool for 10 minutes every Open

Rec hour

2.12 100%

11 ID checkers perform their duties and responsibilities

2.9, 2.1.10 100%

10. CONTRACT MANAGER NOTIFICATIONS. The COR will ensure the CO, CA, and

FC are continually informed of contract performance status.

11. DEFICIENCY REPORTING. CORs will utilize the SS Checklist (Attachment 1) to identify deficiencies and use the format identified in Attachment 1 for reporting deficiencies.

The COR will forward identified deficiencies to the CO, CA, and FC as soon as practical. This notification is for deficiency correction only and does not indicate concurrence with the deficiency.

12. CERTIFICATION OF SERVICES. Certification of services is performed via Wide Area

Work Flow (WAWF) system. At the end of each billing period, the contractor inputs invoice information in the WAWF system. WAWF automatically notifies the COR via email of pending invoice. The COR accesses WAWF and verifies accuracy of the contractor’s data. If data is correct, the COR certifies invoice and payment is conducted by Defense Finance Accounting

Service (DFAS). If the COR encounters errors in service provider’s invoice, the COR consults with the CA and Site Manager to mutually rectify data. If service provider disagrees with the

COR, the issue is forwarded to the CO for resolution. NOTE: This process must be completed in a timely manner as the Air Force is assessed penalty payments for late invoice submissions.

13. REVIEW & ACCEPTANCE. Multi-Functional Team member signatures indicate their review and acceptance of the Performance Plan for Base Services. These signatures indicate coordination on this performance plan at the time of development. No further Multi-Functional

Team coordination is needed unless the intent of the Performance Plan is changed.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUL-2012 TO

30-SEP-2012

N/A 36 FSS/FSDE - F1C341

RAY STIERS

UNIT 14002 BOX 14

APO AP 96543

366-5197

F1C341

0002 POP 01-OCT-2012 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small 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 or 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 (http://assist.daps.dla.mil).

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

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

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

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of

$3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.

The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR

Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and

Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-

866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR 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 CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

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

(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)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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 factor(s) shall be used to evaluate offers:

(i) Lowest price technically acceptable. Technically acceptable means the offeror can meet the standards provided in the performance work statement.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

https://www.acquisition.gov/

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“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 operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online

Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( X ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( X ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, (X ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, (

X ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [X ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ X] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the

WOSB concern or concerns that are participating in the joint venture:__________ .] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation

Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR

Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private

Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.)…