SolicitationFA8125-16-Q-0002.doc

Section SF 1449 - CONTINUATION SHEET

Preventative Maintenance (PM)

FFP

Basic year:

SERVICES NONPERSONAL: The Contractor shall provide all labor, tools, equipment, test equipment, material, quality control, transportation, inspection manuals and credentials necessary to travel to Tinker AFB, OK to perform Preventative Maintenance (PM) on the two Sciaky Electron Beam welders. The Contractor shall also provide Personal Protective Equipment (PPE) and clothing, to include reflective clothing (belt, vest, etc); hearing and eye protection, to include prescription safety glasses; safety harnesses; fall protection equipment; lifting equipment and any incidentals necessary to perform the requirements of this Performance Work Statement (PWS). The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications and this Performance Work Statement (PWS). Equipment is listed at Appendix A.

Period of Performance (POP): 05 November 2015 -- 04 November 2016.

***Pricing: Pricing is for a Firm Fixed Price (FFP) to perform two (2) each Preventive Maintenance visits of two (2) Sciaky Electron Beam welders, IAW the PWS.

**Total Firm Fixed Price: $__________

CONTRACTOR IS SAM REGISTERED

REGISTRATION VALID IN SAM UNTIL:

DUNS NO:

CONTRACTOR SHALL SUBMIT INVOICES IN ARREARS OF SERVICES THROUGH WIDE AREA WORKFLOW (WAWF), SEE CLAUSE 252-232-7006.

FOB: Destination

NSN: J049-16-JSM-SVCS

PURCHASE REQUEST NUMBER: F3YCEB5243A002

SIGNAL CODE: A

NET AMT

Remedial Maintenance (RM)

FFP

Basic Year:

Over and Above (O&A) Repair:

IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed. Pricing guidelines are listed below.

**The WAWF acceptor will not accept any billings that do not have PCO approval.**

PARTS: Parts will be priced with the appropriate (to be filled out by Contractor):__________________commercial listed price

TECHNICIAN TRAVEL/RENTAL CAR: Flat rate of $________________ per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al)

HOTEL, MEALS & INCIDENTALS: A flat rate of $_________________/day for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals.

AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JFTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price.

TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:

M-F Regular rate: $_____________/hour

M-F Overtime rate: $________________/hour (worked hours must exceed 10 to be considered overtime in a given day

Weekend/Holiday rate:$____________________/hour

CONTRACTOR IS SAM REGISTERED

REGISTRATION IS VALID UNTIL:________________________________

DUNS NO:

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

FFP

Basic year:

SERVICES NONPERSONAL: The Contractor shall provide all labor, tools, equipment, test equipment, material, quality control, transportation, inspection manuals and credentials necessary to travel to Tinker AFB, OK to perform Preventative Maintenance (PM) on the two Sciaky Electron Beam welders. The Contractor shall also provide Personal Protective Equipment (PPE) and clothing, to include reflective clothing (belt, vest, etc); hearing and eye protection, to include prescription safety glasses; safety harnesses; fall protection equipment; lifting equipment and any incidentals necessary to perform the requirements of this Performance Work Statement (PWS). The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications and this Performance Work Statement (PWS). Equipment is listed at Appendix A.

Period of Performance (POP): 05 November 2016 -- 04 November 2017.

***Pricing: Pricing is for a Firm Fixed Price (FFP) to perform two (2) each Preventive Maintenance visits of two (2) Sciaky Electron Beam welders, IAW the PWS.

**Total Firm Fixed Price: $__________

CONTRACTOR IS SAM REGISTERED

REGISTRATION VALID IN SAM UNTIL:

DUNS NO:

CONTRACTOR SHALL SUBMIT INVOICES IN ARREARS OF SERVICES THROUGH WIDE AREA WORKFLOW (WAWF), SEE CLAUSE 252-232-7006.

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

FFP

Option Year 1:

Over and Above (O&A) Repair:

IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed. Pricing guidelines are listed below.

**The WAWF acceptor will not accept any billings that do not have PCO approval.**

PARTS: Parts will be priced with the appropriate (to be filled out by Contractor):__________________commercial listed price

TECHNICIAN TRAVEL/RENTAL CAR: Flat rate of $________________ per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al)

HOTEL, MEALS & INCIDENTALS: A flat rate of $_________________/day for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals.

AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JFTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price.

TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:

M-F Regular rate: $_____________/hour

M-F Overtime rate: $________________/hour (worked hours must exceed 10 to be considered overtime in a given day

Weekend/Holiday rate:$____________________/hour

CONTRACTOR IS SAM REGISTERED

REGISTRATION IS VALID UNTIL:________________________________

DUNS NO:

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

FFP

Basic year:

SERVICES NONPERSONAL: The Contractor shall provide all labor, tools, equipment, test equipment, material, quality control, transportation, inspection manuals and credentials necessary to travel to Tinker AFB, OK to perform Preventative Maintenance (PM) on the two Sciaky Electron Beam welders. The Contractor shall also provide Personal Protective Equipment (PPE) and clothing, to include reflective clothing (belt, vest, etc); hearing and eye protection, to include prescription safety glasses; safety harnesses; fall protection equipment; lifting equipment and any incidentals necessary to perform the requirements of this Performance Work Statement (PWS). The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications and this Performance Work Statement (PWS). Equipment is listed at Appendix A.

Period of Performance (POP): 05 November 2017 -- 04 November 2018.

***Pricing: Pricing is for a Firm Fixed Price (FFP) to perform two (2) each Preventive Maintenance visits of two (2) Sciaky Electron Beam welders, IAW the PWS.

**Total Firm Fixed Price: $__________

CONTRACTOR IS SAM REGISTERED

REGISTRATION VALID IN SAM UNTIL:

DUNS NO:

CONTRACTOR SHALL SUBMIT INVOICES IN ARREARS OF SERVICES THROUGH WIDE AREA WORKFLOW (WAWF), SEE CLAUSE 252-232-7006.

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

FFP

Option Year 2:

Over and Above (O&A) Repair:

IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed. Pricing guidelines are listed below.

**The WAWF acceptor will not accept any billings that do not have PCO approval.**

PARTS: Parts will be priced with the appropriate (to be filled out by Contractor):__________________commercial listed price

TECHNICIAN TRAVEL/RENTAL CAR: Flat rate of $________________ per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al)

HOTEL, MEALS & INCIDENTALS: A flat rate of $_________________/day for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals.

AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JFTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price.

TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:

M-F Regular rate: $_____________/hour

M-F Overtime rate: $________________/hour (worked hours must exceed 10 to be considered overtime in a given day

Weekend/Holiday rate:$____________________/hour

CONTRACTOR IS SAM REGISTERED

REGISTRATION IS VALID UNTIL:________________________________

DUNS NO:

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

FFP

Basic year:

SERVICES NONPERSONAL: The Contractor shall provide all labor, tools, equipment, test equipment, material, quality control, transportation, inspection manuals and credentials necessary to travel to Tinker AFB, OK to perform Preventative Maintenance (PM) on the two Sciaky Electron Beam welders. The Contractor shall also provide Personal Protective Equipment (PPE) and clothing, to include reflective clothing (belt, vest, etc); hearing and eye protection, to include prescription safety glasses; safety harnesses; fall protection equipment; lifting equipment and any incidentals necessary to perform the requirements of this Performance Work Statement (PWS). The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications and this Performance Work Statement (PWS). Equipment is listed at Appendix A.

Period of Performance (POP): 05 November 2018 -- 04 November 2019.

***Pricing: Pricing is for a Firm Fixed Price (FFP) to perform two (2) each Preventive Maintenance visits of two (2) Sciaky Electron Beam welders, IAW the PWS.

**Total Firm Fixed Price: $__________

CONTRACTOR IS SAM REGISTERED

REGISTRATION VALID IN SAM UNTIL:

DUNS NO:

CONTRACTOR SHALL SUBMIT INVOICES IN ARREARS OF SERVICES THROUGH WIDE AREA WORKFLOW (WAWF), SEE CLAUSE 252-232-7006.

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

FFP

Option Year 3:

Over and Above (O&A) Repair:

IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed. Pricing guidelines are listed below.

**The WAWF acceptor will not accept any billings that do not have PCO approval.**

PARTS: Parts will be priced with the appropriate (to be filled out by Contractor):__________________commercial listed price

TECHNICIAN TRAVEL/RENTAL CAR: Flat rate of $________________ per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al)

HOTEL, MEALS & INCIDENTALS: A flat rate of $_________________/day for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals.

AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JFTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price.

TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:

M-F Regular rate: $_____________/hour

M-F Overtime rate: $________________/hour (worked hours must exceed 10 to be considered overtime in a given day

Weekend/Holiday rate:$____________________/hour

CONTRACTOR IS SAM REGISTERED

REGISTRATION IS VALID UNTIL:________________________________

DUNS NO:

FOB: Destination

NSN: J049-16-JSM-SVCS

NET AMT

AVAILABILITY OF FY 2016 FUNDS

***IMPORTANT***

Notice to Offeror: FY 2016 funds apply to this requirement. Because of this, funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

04-NOV-2016

LAMOND TATE

OC-ALC/OBWK

BLDG 3001 STAFF DR. DOOR G70 POST N68

TINKER AFB OK 73145

405-582-5418

FOB: Destination

F3YCEB

04-NOV-2016

F3YCEB

04-NOV-2017

F3YCEB

04-NOV-2017

F3YCEB

04-NOV-2018

F3YCEB

04-NOV-2018

F3YCEB

04-NOV-2019

F3YCEB

04-NOV-2019

F3YCEB

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(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 (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) 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 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 “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 SAM 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) 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)

52.212-2 EVALUATION FACTORS FOR AWARD

1. Basis for Contract Award:

This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR Subpart 12.6 and FAR Subpart 13.5, as supplemented. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirement. Award will be made to the acceptable offeror with the lowest evaluated price, which is deemed responsible in accordance with the Federal Acquisition Regulation and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by FAR 52.212-1 of this solicitation. The Government reserves the right to award without discussions. Therefore, each 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 determined necessary by the Contracting Officer.

2. Number of Contracts to be Awarded:

The Government intends to select one contractor for the award. However, the Government reserves the right to award no contract at all, depending on the quality of the proposals and prices submitted and the availability of funds.

3. Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

4. Correction Potential of Proposals:

The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty. The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of an offeror's proposal not meeting the Government's requirements is not considered correctable, the offeror may be eliminated from the competitive range.

5. Evaluation Factors

Factor 1—Technical, meets the government’s minimum requirement

Factor 2—Price, lowest price technically acceptable

a. Evaluation Methodology:

Only those offers determined technically acceptable, either initially or as a result of discussions, will be considered for award. Initially, the offeror’s total price will be evaluated and Proposals will then be evaluated for the Technical acceptability.

Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-cost factor, technical.

b. Technical Factor

Acceptable – The proposal meets specified minimum requirements necessary for acceptable contract performance.

Unacceptable – The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable.

Technical acceptability will be based on an evaluation of proposals against the criteria stated below and other technical specifications in the Performance Work Statement (PWS). Offerors are required to present all the information as stated in the Instructions to Offerors, FAR 52.212-1. The minimum requirement is met when the Offeror’s proposal thoroughly substantiates all the following essential criteria:

1. A company official shall provide a written certification stating that they can provide technicians who can complete the Preventive Maintenance (PM)/Remedial Maintenance (RM) as well as the ability to use, configure and alter the operating system software on the Sciaky Electron Beam Welders In Accordance With (IAW) the manufacturer’s specifications.

c. Price Factor

Cost/Price Evaluation: The offeror’s cost/price proposal will be evaluated for award purposes by adding the total price for all contract line items. Price analysis will be performed to determine the reasonableness of the offeror’s price proposal. Reasonableness will be based on the total evaluated price.

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

Lowest Price:

Each Offeror shall propose a firm fixed price for the base year and each option year. The offeror’s cost/price proposal will be evaluated for award purposes by adding the total price for basic award contract line item number (CLIN) 0001 and all options CLINs 1001-3002. The offeror proposing the lowest overall total evaluated price will be determined acceptable for award.

(2) 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).

Extension of Services Clause 52.217-8: In order to evaluate the six month extension, one half of the proposed total price of Option III CLIN 3001 will be added to the total price of the basic CLIN (0001) and all option year CLINs (1001-3001) to determine the Total Evaluated Price (TEP). Evaluation of the six month extension of services shall not obligate the Government to extend the services.

(3) 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.

6. Determination of Contractor Responsibility to be eligible for award, an offeror must be determined responsible. A Determination of Contractor Responsibility will be conducted in accordance with FAR Part 9, Contractor Qualifications.

7. Past Performance:

Past performance information may be gathered from sources such as PPIRS, CPARS and commercial sources. Offerors will not be penalized if no past performance information is available. Past performance will either be satisfactory, or unsatisfactory where satisfactory equals a determination of responsibility, and unsatisfactory equals a determination of non-responsibility. Any unsatisfactory rating given to a small business will be referred to the Small Business Administration pursuant to FAR Subpart 19.6 for resolution.

8. Discussions:

It is the Government’s intent to award without discussions; therefore, it is imperative that offerors submit their best terms initially. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs), and the Final Proposal Revisions (FPRs) will be considered in making the source selection decision. If a request for FPR is issued, offeror responses to EN notices must be included in the FPR in order to be consider in the final evaluation.

9. SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS:

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors, and all technical specifications of the PWS. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. In the case that a discrepancy exist between the Instruction To Offerors (ITO) and the evaluation factors for award, the evaluation criteria in 52.212-2 will take precedence

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(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, contract 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…