(FINAL) M6739924Q0012_ICE_IDIQ_.docx

M6739924Q0012

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

BAGGED ICE AND REFRIGERATED TRAILER RENTAL

1. BACKGROUND. The requirement is to provide Bagged Ice and Refrigerated Trailers for the Camp Wilson Dining Facility and to various organizations located aboard the Marine Air Ground Task Force Training Command (MAGTFTC), Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms, CA. The quantities requested in each individual Delivery Order will be determined by the number of units training and by the desert temperatures (i.e. more ice is required during the summer months vice the winter months). A pricing schedule is requested for delivery in quantities ranging from one (1) 16 pound bag to (1) truckload of twenty-two (22) pallets of one-hundred and four (104) bags of ice.

2. DESCRIPTION OF SERVICES. Refrigerated Trailers will be required in no less than 48’ size. Bagged Ice shall be cubed. Bagged ice shall be packaged in plastic bags weighing 16 pounds apiece. Plastic Bags shall be approved commercially for packing, transporting and storing. Bagged ice for delivery orders of one or more whole pallets shall be palletized on returnable pallets with 104 bags per pallet. The pallets shall be properly secured, shrink wrapped and tied for easier accessibility in transporting and storing. Bagged ice shall be on pallets with a 4 millimeter minimum thickness plastic sheet between the ice and the pallet to prevent ice from freezing to the pallet. Bags used for packaging must be made with odor-free 100% virgin Linear low-density polyethylene (LLDPE) resins, which meet all U.S. Food and Drug Administration (FDA) & United States Department of Agriculture (USDA) requirements for food contact.

Ice labels on packaged ice shall meet the FDA Food Labeling requirements. The labels must list the name and place of business of the manufacturer, packer, or distributor of the ice. The labels must also list the net quantity of contents of the product. Because ice is a single ingredient food, packaged ice does not need listing of ingredients. In addition, ice does not require a nutrition facts label, unless the package has a nutrient content claim (such as low in sodium). Ice labeled as being from a specific source, such as spring water or artesian well water, must be truthfully labeled and not misleading; in other words, it must really be from that source. The source water must meet all the requirements for such types of source water, as described in the FDA Regulations. In addition to all applicable FDA regulations, contractor is to comply with the California Health and Safety Code, Division 104, Part 5, titled Sherman Food, Drug, and Cosmetic Law effective January 1, 2012 (as amended and/or updated).

3. REFRIGERATED TRAILERS. Refrigerated trailers shall be powered by diesel fuel. A Joint Limited Technical Inspection (LTI) shall be performed at the time of delivery. The LTI shall be performed between the Authorized Government Representative and the Contractor. The LTI shall document the service condition of the refrigerated trailer, to include tires, doors, and frame. The oil and fuel levels shall also be documented. The contractor shall be responsible for any necessary repairs of the refrigerated trailers due to equipment failure. Any damage/repairs to the refrigerated trailers that are the result of misuse by the Government are subject to additional charges and will be issued under a separate purchase order.

4. DELIVERY ORDERS. The Government shall submit Delivery Orders utilizing the Standard Form (SF) 1449 Solicitation/Contract/Order for Commercial Items, issued by the Regional Contacting Office (RCO). No work shall be allowed to start without a signed Delivery Order. The contractor shall be required to prepare to commence work on each Delivery Order within 12 business hours after issuance of the Delivery Order, unless the Delivery Order specifies differently. Point of contact and telephone information shall be identified for each delivery order by the RCO.

5. PLACE AND FEQUENCY OF DELIVERY. The delivery location shall be specified at the time each Delivery Order is placed and if the order is for a full trailer, it shall be delivered within 24 hours of receipt of the order or the specified time of order. Partial trailer deliveries shall be delivered within two days of eachother. The furthest delivery location is Camp Wilson, approximately 7 miles from Mainside.

6. DELIVERY TICKETS. The Contractor shall furnish the authorized Government Representative with a copy of the Delivery Ticket at the time of delivery. Each delivery ticket shall reflect the Order Number, Contract Number, Item Number, Description of Supplies/Services and the Quantities Received. The authorized Government Representative is responsible for Inspection and Acceptance for all items orders, prior to certifying items received in Wide Area WorkFlow (WAWF).

7. PERIOD OF PERFORMANCE. The period of performance will be one (1) 12-month base period with four (4) potential one-year option periods. The option provision, FAR 52.217-8 Option to Extend Services, may be used for the extension of performance during any period for an additional 6 months.

8. BASE ACCESS. All personnel employed by the contractor, or any representative of the contractor entering MCAGCC, shall abide by all the regulations of the installation, which may be in effect during the contract period. The Government reserves the right to restrict access to the installation under the contract of any contractor employee, or prospective contractor employee, who is identified as potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

All contractor employees are required to obtain business access. All contractor personnel, their vehicles, and other property entering, leaving, and while within the confines of MCAGCC, shall be subject to search and/or inspection.

9. CERTIFICATION. The Contractor shall confirm in writing, that they meet or exceed the minimum sanitary requirements for manufacture, storage, and transport of ice as follows and in accordance with the Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food (Code of Federal Regulation Title 21, Chapter 1, Part 110). Certification shall be provided to the Contracting Officer within 30 days after contract award. In addition to the above certification, the contractor must be compliant in accordance with California Health and Safety Code, Division 104, Part 5.

10. REQUIRED INSURANCE. In accordance with FAR 52.228-5, the Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance.

This insurance shall include Contractor’s prospective liability and contractual liability.

Per Accident for Bodily Injury $500,000.00 Per Accident for Property Damage $20,000.00

11. INSPECTION OF CONTRACTOR FACILITIES. The Government reserves the right to conduct an inspection of contract facilities prior to awarding a contract or at any time during the contracted period. The Contracting Officer may be accompanied by a representative from the offices of the Staff Judge Advocate, Inspector General, Preventive Medicine, and Crime Prevention, Safety and Fire Departments and/or other personnel deemed appropriate by the Contracting Officer. Such inspection will be performed to ascertain that the Contractor’s manufacturing facility meets the standards established in the Army Regulation 40-657, NAVSUP 4355.4H and MCO P10110.31H Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Services. Failure to pass the inspection shall be cause for suspension and/or termination of the contract.

12. GENERAL INFORMATION

12.1. Hours of Operation. The standard hours of operation for purposes of this contract are 8:00 a.m. – 4:00 p.m., Pacific Time (Monday through Friday), except Federal Holidays.

12.2. Qualifications. The contractor shall employ only properly certified persons who are experienced and trained in working on the equipment and who have knowledge of the maintenance requirements of the equipment. Contractor employees shall be capable of troubleshooting, servicing, maintaining, repairing and operating the equipment.

12.3. Dress Code. The Contractor shall ensure that employees maintain a clean, well-groomed appearance. Contractor shall wear company badges at all times.

Special Instructions:

MINIMUM SANITARY REQUIREMENTS FOR MANUFACTURE, STORAGE, AND TRANSPORT OF ICE AS FOLLOWS AND IN ACCORDANCE WITH THE CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD (Code of Federal Regulations, Title 21, Chapter 1, Part 110) ICE, MANUFACTURED FROM WATER THAT IS PURE, SANITARY, AND SUITABLE FOR DRINKING PURPOSES. ICE SHALL BE HARVESTED, HOUSED, HANDLED, AND/OR MANUFACTURED UNDER SANITARY CONDITIONS.

1. Only potable water shall be used to manufacture ice and for submerging or spraying ice cans for removal of ice cakes. Cross connections between potable and non-potable water systems are prohibited.

2. Surface of floors, walls, and ceiling of all rooms used for manufacture, processing, and storage of ice shall be smooth construction and shall be kept clean and in good repair.

3. All equipment and utensils used in ice plants shall be of smooth, nontoxic materials, kept clean, in good repair, handled and stored in a sanitary manner.

4. Freezing cans shall be disinfected by steam or submerged for one (1) minute in a 50 part per million (ppm) free available chlorine solution at 75-80 degrees F (24-27 degrees C).

5. Freezing tank covers shall be designed and maintained so as to protect the ice containers from splash, drip, and other contamination.

6. All air filters for water agitation shall be filtered to exclude dust and other foreign material. Intake shall be arranged so as to minimize dust in the air used.

7. Persons known to have a communicable disease shall not be employed. No person afflicted with, or a carrier of, a communicable disease shall be permitted in any room or compartment where products are prepared, manufactured, or otherwise handled. No person who has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portion of the body shall work in any processing rooms or in any capacity resulting in contact with the processing or handling of products, containers, or equipment. Where health authorities require health certificates, said certificates shall be kept on file at the plant office. Plant personnel shall receive appropriate training in proper food handling techniques and food protection principles and shall be cognizant of the danger of poor personal hygiene and unsanitary practices.

8. Cleanliness. All employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. They shall keep their hands clean and follow acceptable hygienic practices while on duty. Eating, expectorating, or use of tobacco in any form shall be prohibited in each room and vehicle where food products or supplies are prepared, stored, or otherwise handled. Personnel shall not wear fingernail polish or unsecured jewelry. All persons engaged in receiving, testing, processing, manufacturing, packing, or handling food products shall wear clean, white, or light – colored washable outer garments. Hair nets, headbands, caps, beard nets, or other effective hair restraints to effectively cover hair shall be worn so as to prevent contamination of food and food contact surfaces. Employees’ personal effects shall not be stored in production areas. No personnel shall enter any room or area where ice contacts a walking surface, unless clean suitable boots or shoe covering are worn. The boots or shoe coverings shall be removed when the individual leaves the room or area. If the boots or shoe coverings are not removed, they shall be thoroughly washed in an approved sanitizing solution before re-entering such rooms or areas. Street shoes or boots with suitable coverings shall not be allowed in these areas or rooms.

9. Vehicles need to be capable of traveling maintained dirt roads, when applicable, and transportation facilities shall be constructed and operated to protect contents from contamination or deterioration. Vehicles used for transporting ice shall be kept clean, in good repair, and conform to the highest standards of commercial transportation. The vehicles used for transporting and delivering unpacked ice shall be operated and maintained so as to prevent contamination of ice and shall be of closed construction with tight fitting covered bodies. All vehicle surfaces coming in contact with packaged and non-packaged ice shall be thoroughly cleaned, washed, and sanitized immediately prior to loading the ice.

10. The contractor shall provide clean toilet and hand-washing facilities, and supplies necessary for personal hygiene, to include soap, toilet tissue, paper towels, and waste receptacles, at all times in sufficient quantity to accommodate the number of Contractor personnel using the facility.

11. Vendor must also comply with vendor certification in accordance with VETCOM Circular 40-1.

DELIVERY TIMES (APR 2010) (Supplies)

(a) Truck deliveries accepted between the hours of 8:00 a.m. – 4:00 p.m. No deliveries will be accepted on Saturdays, Sundays, or legal holidays.

(b) In the event any of the above holidays occur on a Saturday or a Sunday, then the holiday shall be observed by the contractor in accordance with the practices as observed by the assigned government employees at the using activity. This includes the Friday after all holidays observed or occur on a Thursday (i.e. Thanksgiving). Contractors are allowed to contact freight personnel at (760) 830-6408 or (760) 830-1563 to schedule appointments for large deliveries.

MCAGCC Access/Security Requirements-Contractor and Contractor-Employee Access Conditions:

1. Access Procedures Are Mandatory: The contractor shall comply with all current access procedures throughout all performance periods under this contract, and changes to these procedures shall not constitute grounds for contractor claims or request for equitable adjustment. All contractor employees are required to obtain business access or permanent business access. Daily access procedures must not be used to circumvent background check requirements outlined below. Attempts to improperly use daily access procedures may result in denial of access to the involved employees.

2. Business Access: Required for contractor employees requiring access for periods from one day to one year. Submit the following:

•A valid form of Federal or state government I.D.

•If driving a motor vehicle, a valid driver's license, vehicle registration and proof of insurance.

•Proof of employment on a valid Government contract (e.g., a letter from the prime contractor including contract number and term).

•Proof of an employee background check conducted within the past year covering the previous two years. Contractor employee background checks are conducted at contractor expense. The background check:

Note: All contractor personnel performing work under this contract requiring access to the military installation shall obtain personal entry and a vehicle pass from the Provost Marshal’s Office (PMO) of the Combat Center. For the MCAGCC/MAGTFTC, this process includes the completion of a COMBAT CENTER ACCESS AUTHORITY letter issued by the Regional Contracting Office (NW).

3. Permanent Business Access: Required for contractor employees requiring access for periods from one to three years. Submit all items listed above under “business access.” NCIC check and fingerprint of all contractor employees will be conducted at Government expense. Contractor-provided background checks will be reevaluated annually, and will be updated by the contractor as required at the contractor’s expense.

4. Emergency Access: Each Marine Corps installation develops its own procedures which allow the contractor quick access without compromising installation security for situations in which contractor response is crucial in order to preserve and/or restore critical facilities. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

5. Installation Access Badges: Each Marine Corps installation develops its own procedures for readily identifying contractor employees working on the installation. The installation may either provide access badges to individual contractor employees at government expense or it may require the contractor to provide badges to its employees, at its expense. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

6. Denial of Access: The Commanding General of each installation has broad authority to remove or exclude any person in fulfilling his responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding General may refuse to grant access or may bar contractor employees, including employees who have previously been granted access. Refusal to grant an employee access or barment of an employee does not relieve the Contractor of the responsibility to continue performance under this contract. Among other reasons, access may be denied if it is determined that an employee:

c. is subject to an outstanding warrant.

d. has knowingly submitted an employment questionnaire with false or fraudulent information.

e. has been issued a debarment order and is currently banned from military installations.

7. Employee Identification: Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor through the use of uniforms or nametags, or via an alternate method approved by the Contracting Officer.

8. Employee Compliance. The Contractor’s employees shall observe and comply with all MCAGCC/MAGTFTC rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract. Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by military police, law enforcement, or other security or safety personnel.

9. Contract Termination: The Contractor is responsible for ensuring clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

Bagged Ice (per bag)

FFP

Bagged Ice (16lbs.) in accordance with the Statement of Work FOB: Destination

PSC CD: 8960

MAX

NET AMT

Refrigerated Trailer, Daily Rates

Rates per Day. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

Refrigerated Trailer, Weekly Rates

Rates per week. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

Refrigerated Trailer, Monthly Rates

Rates per month. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Bagged Ice (16lbs.) in accordance with the Statement of Work

MAX

FFP

Rates per Day. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per week. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per month. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Bagged Ice (16lbs.) in accordance with the Statement of Work

MAX

FFP

Rates per Day. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per week. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per month. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Bagged Ice (16lbs.) in accordance with the Statement of Work

MAX

FFP

Rates per Day. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per week. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per month. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Bagged Ice (16lbs.) in accordance with the Statement of Work

MAX

FFP

Rates per Day. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per week. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

FFP

Rates per month. Delivery and pick up included. All other terms and conditions in accordance with the Statement of Work

MAX

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1.00

$5,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

400,000.00

30.00

30.00

30.00

400,000.00

30.00

30.00

30.00

400,000.00

30.00

30.00

30.00

400,000.00

30.00

30.00

30.00

400,000.00

30.00

30.00

30.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

20-JUL-2026

20-JUL-2026

20-JUL-2026

20-JUL-2026

20-JUL-2027

20-JUL-2027

20-JUL-2027

20-JUL-2027

20-JUL-2028

20-JUL-2028

20-JUL-2028

20-JUL-2028

20-JUL-2029

20-JUL-2029

20-JUL-2029

20-JUL-2029

20-JUL-2030

20-JUL-2030

20-JUL-2030

20-JUL-2030

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [X] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [X] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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 FAR subpart 4.10), or alternative commercial products or commercial services 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(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 that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address.