Comb_Synop_Solicitation_CDC.doc

Combined Synopsis/Solicitation

IAW FAR 12.603

Solicitation Number: FA810117R0018 This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Air Force Sustainment Center Operational Division (AFSC/PZIOA) located at Tinker Air Force Base Oklahoma, intends to award a Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract for Child Development Center Supplies. See the below Detailed Description of Items for further information regarding the products required.

Classification Data:

NAICS Code - 339113

Classification Code – 7900

SBA Size Standard - 750 THIS ACQUISITION IS A 100% SMALL BUSINESS (SB) SET ASIDE. All responsible SB sources may submit a bid, proposal, or quotation which shall be considered by the agency.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89 (https://www.acquisition.gov/?q=far_looseleaf).

QUESTIONS: All questions regarding this solicitation are required to be submitted via email using the attached form “Q&A Sheet” No Later Than (NLT) Tuesday, 28 March 2017 / 2:30 p.m. CST to the Point of Contact below. Questions submitted after this date/time may not be considered by the Government.

TERMS AND CONDITIONS: The terms and conditions are standard for Government and Commercial customers:

· Standard commercial warranties apply. Reference FAR 52.212-4(o).

· Supplies shall be on or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

· The supplies delivered by the contractor will not be accepted by the Government until contractual requirements have been met.

· Payment will not be made until materials are accepted by the Government.

Proposal Submission Information:

Proposals are due by Wednesday, 05 April 2017, 5:00 p.m. (CST).

The following individual is the Point of Contact (POC) for information regarding this solicitation:

Darrin Moore Contracting Specialist darrin.moore.2@us.af.mil

Phone: (405) 739-4033 Clauses Incorporated by Full Text below, 52.212-1 “Instructions to Offerors – Commercial Items” and 52.212-2 “Evaluation – Commercial Items,” provide instructions for the submittal of proposals, with the following exceptions:

Contractor is required to submit: (1) Response Sheet (Three Pages, 57-59 of this document); (2) Capability Statement (discussed below); (3) Material Submittals (discussed below). Email all required documents to the POC listed under “Proposal Submission Information.” Proposals shall be valid for a minimum of 120 calendar days after proposal submission due date.

All offerors shall meet the following requirements to determine contractor to be technically acceptable: The contractor shall take no exceptions to the Detailed Description of Items, or solicitation. All offerors shall submit a Capability Statement (CS) demonstrating the capability to provide all items indicated in the Detailed Description of Items. The CS shall be brief and specifically related to the requirements described in the Detailed Description of Items and solicitation. Page Limit for the CS is 2 pages. Any page beyond 2 will not be considered. At a minimum, the contents in the CS shall address the following areas:

(1) Corporate/Company Data to include: Company/Corporation Name; Address; Primary POCs, Phone Numbers and email addresses; DUNS Number; CAGE Code; and other pertinent company information.

(2) Core Competencies: Descriptions and/or NAICS Codes.

EVALUATION OF RESPONSES: Award will be conducted and evaluated under the provisions of FAR Part 12 “Acquisition of Commercial Items.”

IAW FAR Clause 52.212-3 “Offeror Representations and Certifications – Commercial Items: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.” By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in SAM shall render contractor ineligible for award.

All offerors shall meet the following requirements to determine contractor responsibility:

(i) Meet contractor responsibility requirements IAW FAR 9.104-1.

(ii) Is not debarred, suspended, proposed for debarment, excluded, disqualified or ineligible from receiving Federal contracts.

In accordance with FAR 13.106-2, Evaluation of Offers, the contracting officer has determine to utilize Lowest Price Technically Acceptable for evaluation purposes. Contract award will be made to the small business offeror who is technically acceptable with the lowest evaluated price. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representation and certifications, and technical requirements, and will be determined technically acceptable. Failure to meet a requirement may result in an offer being determined technically unacceptable. No formal technical proposals are required. To be acceptable, the Offeror shall be a small business and fully complete Section B of the model contract/solicitation. Only those offerors determined to be technically acceptable, will be considered for award. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for technical, who has been determined responsible in accordance with FAR 52.212-3 and whose proposal conforms to the solicitation requirements.

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.

Offerors may be determined to be unacceptable and ineligible for award of a contract if any of the above requirements are not met.

All invoices for payment shall be submitted through Wide Area Workflow (WAWF) system in accordance with DFARS 252.232-7006.

Number of Contracts to be Awarded: The Government intends to select one contractor; however, the Government reserves the right to award no contract at all, depending on the quality of the proposals/quotes received, prices submitted, and the availability of funds.

Contract Line Items (CLINs):

Note: All CLINs are Firm Fixed Price (FFP) Detailed Description of Items:

MIN/MAX

The Unit of Issue will be “cases” on contract award. The minimum and maximum quantity is presented in the unit of “each” until the number of cases are calculated.

The minimum quantity will be met with Delivery Order 0001 at the time of contract award.

The contract period of performance is for a 1 year basic and four one-year option periods. This Firm Fixed Indefinite Delivery Indefinite Quantity Type Contract is for the supplies specified in this schedule.

Guidance for the supplies of this requirement is addressed in AFI 34-144, AF Child & Youth Programs (hereby referenced with chapter and paragraph numbers). In accordance with (IAW) 6.3.2., "Single use disposable water-resistant pads are used to cover the changing surface." The CDCs currently use the pre-cut sheets, rather than rolls. Available space and current infrastructure precludes the large rolls from being used. IAW 6.9. Medical Emergencies, the facilities must have gloves available for medical emergencies. The DINP-free gloves contain no natural rubber latex proteins and are necessary to prevent any possible allergic reactions with children in the facility. IAW 6.3.3, "Each wet/soiled diaper or clothing is placed in an individual plastic bag and the end is tied before disposing of it." In addition to being able to be tied, the disposal bags are of a shape that provides efficient containment and disposal of solid waste during the diaper changing process, allowing the child care professional to focus their attention to the child. IAW 7.3. Drinking Water, individual cups are used. Past performance has shown that the 5 oz. cup is of sufficient size to reduce wasting of water, as well as resulting in less physical waste material.

Case

Dry Pre-Cut 15"x15" Changing Paper

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

PURCHASE REQUEST NUMBER: F3Y0AK7045A001

SIGNAL CODE: a

NET AMT

Case

Powder Free Gloves Medium DINP Free

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

Powder Free Gloves Large DINP Free

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price per case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

Powder Free Gloves Extra Large DINP Free

Total Estimated Quantity is: 200,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 200,000.00 each along with the unit price of each case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

5 oz. Translucent Plastic Cup

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

8"x8" Tissue

Total Estimated Quantity is: 1,500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 1,500,000.00 each along with the unit price of each case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

Disposal Sanitation Bags

Total Estimated Quantity is: 750,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 750,000.00 each along with the unit price of each case.

Basic Year: 15 May 2017 - 14 May 2018

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

FOB: Destination

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price per case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 200,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 200,000.00 each along with the unit price of each case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 1,500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 1,500,000.00 each along with the unit price of each case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 750,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 750,000.00 each along with the unit price of each case.

Option I: 15 May 2018 - 14 May 2019

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price per case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 200,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 200,000.00 each along with the unit price of each case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 1,500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 1,500,000.00 each along with the unit price of each case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 750,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 750,000.00 each along with the unit price of each case.

Option II: 15 May 2019 - 14 May 2020

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price per case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 200,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 200,000.00 each along with the unit price of each case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 1,500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 1,500,000.00 each along with the unit price of each case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 750,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 750,000.00 each along with the unit price of each case.

Option III: 15 May 2020 - 14 May 2021

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price per case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 200,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 200,000.00 each along with the unit price of each case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 500,000.00 each along with the unit price of each case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 1,500,000.00 each

The Unit of Issue is: Cases

Propose a number of cases that is equivalent to 1,500,000.00 each along with the unit price of each case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Case

FFP

Total Estimated Quantity is: 750,000.00 each

The Unit of Issue is: Cases

Propose the number of cases that is equivalent to 750,000.00 each along with the unit price of each case.

Option IV: 15 May 2021 - 14 May 2022

Required Delivery: On or before 30 days upon receipt of delivery order. Faster delivery is acceptable.

NET AMT

Delivery address:

JERRY WRIGHT

72 FSS SVFL

6120 ARNOLD ST STE 8101

TINKER AFB OK 73145-8106

405-739-7348

CLAUSES INCORPORATED BY REFERENCE:

52.202-1 Definitions

52.203-3 Gratuities

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

52.204-1 Approval of Contract

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-7 System for Award Management

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-20 Predecessor of Offeror

52.207-2 Notice Of Streamlined Competition

52.207-4 Economic Purchase Quantity-Supplies

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

52.209-5 Certification Regarding Responsibility Matters

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

52.209-7 Information Regarding Responsibility Matters

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law

52.211-16 Variation In Quantity

52.211-17 Delivery of Excess Quantities

52.212-2 Evaluation - Commercial Items

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (JAN 2017) Alternate I

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

52.216-19 Order Limitations

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

52.222-3 Convict Labor

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

52.222-19 Child Labor -- Cooperation with Authorities and Remedies

52.222-35 Equal Opportunity for Veterans

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

52.222-50 Combating Trafficking in Persons

52.223-6 Drug-Free Workplace

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

52.225-1 Buy American--Supplies

52.225-2 Buy American Certificate

52.225-13 Restrictions on Certain Foreign Purchases

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

52.226-3 Disaster or Emergency Area Representative

52.226-4 Notice of Disaster or Emergency Area Set-Aside

52.226-5 Restrictions on Subcontracting Outisde Disaster or Emergency Area

52.229-3 Federal, State And Local Taxes

52.232-1 Payments

52.232-8 Discounts For Prompt Payment

52.232-11 Extras

52.232-17 Interest

52.232-23 Assignment Of Claims

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-1 Disputes

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.242-3 Penalties for Unallowable Costs

52.242-13 Bankruptcy

52.243-1 Changes--Fixed Price

52.246-2 Inspection Of Supplies--Fixed Price

52.246-23 Limitation Of Liability

52.249-2 Termination For Convenience Of The Government (Fixed-Price)

52.252-2 Clauses Incorporated By Reference

CLAUSES INCORPORATED BY FULL TEXT:

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

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

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

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

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

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

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

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

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

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

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

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

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

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

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.