0413R0025_Scales_Stands.pdf
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- Hanging Scales and Floor Stands (Amended Notice)
- Solicitation number
- HDEC04-13-R-0025
- Issued by
-
Defense Commissary Agency
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Solictation for Scales and Stands - To Close at 4pm on Sept 6 2013
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DEFENSE COMMISSARY AGENCY
SUPPLY & EQUIPMENT DIVISION
BUILDING P 11200
1300 E AVENUE
FORT LEE VA 23801-1800
(804) 734-8269/8886
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
HDEC04-13-R-0025 06-Aug-2013
b. TELEPHONE NUMBER
(804) 734-8000 EXT 86232
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 06 Sep 2013
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
HDEC04
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RICHARD G. BOEHM
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
333997
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
HDEC04-13-R-0025
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
Hanging Scales, Stands, Bag Holders
FFP
Base Year: October 1, 2013 - December 31, 2014
CED 2P05
FOB: Destination
ESTIMATED
NET AMT
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AA 110 Each (CED 2P05-Acs) Hanging Scale
FFP
Base Year:October 1, 2013 - December 31, 2014
30 Lb Capacity with Stainless Steel Commodity Pan Scale Face: 13-16 inch diameter; Commodity Pan: 12 to 18 inch diameter
Make_______________________
Model_____________________________
Warranty Period:____________________
Warranty POC: _____________________
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AB 99 Each (CED-2P05-B) Floor Stand & Bag Holder
FFP
Base Year:October 1, 2013 - December 31, 2014
Floor Stand and Bag Holder Dimensions: 21 inches long/wide, 85 inches high, bag holders: 39 inches high, circular base: 17 inches diameter, minimum 25 pound base for stability The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:_______________________________
Model:______________________________
Warranty Period:____________________________
Warranty POC:_______________________
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AC 41 Each (CED 2P05-C) Floor Stand for Handicap
FFP
Base Year: October 1, 2013 - December 31, 2014
Floor Stand and Bag Holder for Handicap (ADA) Dimensions: 21 inches long/wide 76 inches high, bag holders: 30 inches high, circular base: 17 inch diameter (ADA).
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:___________________________
Model:__________________________
Warranty Period:__________________
Warranty POC:____________________
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AD 1 Each Shipping Charges-Do not price
FFP
Base Year: October 1, 2013 - December 31, 2014
In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific locations(s).
The vendor will be paid for actual shipping charges supported by a copy of the freight/shipping bill
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION Hanging Scales, Stands, Bag Holders
FFP
Option Period 1: January 1, 2015 - December 31, 2015
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AA 134 Each OPTION (CED 2P05-Acs) Hanging Scale
FFP
Option Period 1: January 1, 2015 - December 31, 2015
30 Lb Capacity with Stainless Steel Commodity Pan Scale Face: 13-16 inch diameter; Commodity Pan: 12 to 18 inch diameter.
Make:______________________________
Model:______________________________
Warranty Period:_______________________
Warranty POC: ________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AB 135 Each OPTION (CED-2P05-B) Floor Stand & Bag Holder
Option Period 1:January 1, 2015 - December 31, 2015
Floor Stand and Bag Holder Dimensions: 21 inches long/wide, 85 inches high, bag holders: 39 inches high, circular base 17 inches diameter, minimum 25 pound base for stability.
The bag holder dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:___________________________
Model:__________________________
Warranty Period:________________________
Warranty POC:_________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AC 53 Each OPTION (CED 2P05-C) Floor Stand for Handicap
Floor Stand and Bag Holder for Handicap (ADA) Dimensions: 21 inches long/wide, 76 inches high, bag holders: 30 inches high, circular base: 17 inch diameter (ADA). Minimum 25 pound base for stability.
The bag holder height dimesions are critical to this equipment and should not vary by more than 1 inch.
Make:__________________________
Model:__________________________
Warranty Period: _______________________
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AD 1 Each OPTION Shipping Charges-Do not price
In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific location(s).
The vendor will be paide for actual shipping charges supported by a copy of the prepaid freight/shipping bill.
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION Hanging Scales, Stands, Bag Holders
FFP
Option Period 2: January 1, 2016 - December 31, 2016
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AA 125 Each OPTION (CED 2P05-Acs) Hanging Scale
FFP
Option Period 2: January 1, 2016 - December 31, 2016
30 Lb Capacity with Stainless Steel Commodity Pan Scale Face: 13-16 inch diameter; Commodity Pan 12 - 16 inch diameter.
Make:________________________________
Model:________________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AB 88 Each OPTION (CED-2P05-B) Floor Stand & Bag Holder
FFP
Option Period 2: January 1, 2016 - December 31, 2016
Floor Stand and Bag Holder Dimensions: 21 inches long/wide 85 inches high, Bag Holders: 39 inches high, circular base: 17 inches diameter, mimimum 25 pound base for stability.
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:________________________________
Model:_______________________________
Warranty POC: ________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AC 23 Each OPTION (CED 2P05-C) Floor Stand for Handicap
FFP
Option Period 2: January 1, 2016 - December 31, 2016
Floor Stand and Bag Holder for Handicap (ADA) Dimensions: 21 inches long/wide, 76 inches high, bag holders: 30 inches high, circular base: 17 inch diameter (ADA).
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:_______________________________
Model:______________________________
Warranty Period:______________________
Warranty POC: _______________________
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AD 1 Each OPTION Shipping Charges - Do not price
FFP
Option Period 2: January 1, 2016 - December 31, 2016
In accordance with the Addendum to 52.212-1 - Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific location(s).
The vendor will be paid for actual shipping charges supported by a copy ot the prepaid freight/shipping bill.
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION Hanging Scales, Stands, Bag Holders
FFP
Option Period 3: January 1, 2017 - December 31, 2017
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AA 63 Each OPTION (CED 2P05-Acs) Hanging Scale
FFP
Option Period 3: January 1, 2017 - December 31, 2017
30 Lb Capacity with Stainless Steel Commodity Pan Scale Face: 13-16 inch diameter; Commodity Pan: 12 to 18 inch diameter
Make:________________________________
Model:_______________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AB 29 Each OPTION (CED-2P05-B) Floor Stand & Bag Holder
FFP
Option Period 3: January 1, 2017 - December 31, 2017
Floor Stand and Bag Holder Dimensions: 21 inches long/wide, 85 inches high, bag holders: 39 inches high, circular base: 17 inches diameter, minimum 25 pound base for stability.
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:________________________________
Model:________________________________
Warranty POC: _________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AC 11 Each OPTION (CED 2P05-C) Floor Stand for Handicap
FFP
Option Period 3: January 1, 2017 - December 31, 2017
Floor Stand and Bag Holder for Handicap (ADA) Dimensions: 21 inches long/wide, 76 inches high, bag holders: 30 inches high, circular base: 17 inches diameter (ADA).
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:_________________________________
Model:_________________________________
Warranty POC:__________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AD 1 Each OPTION Shipping Charges-Do not price
FFP
Option Period 3: January 1, 2017 - December 31, 2017
In accordance with the Addendum to 52.212-1-Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific location(s). The vendor will be paid for actual shipping chages supported by a copy of the prepaid freight/shipping bill.
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION Hanging Scales, Stands, Bag Holders
FFP
Option Period 4: January 1, 2018 - December 31, 2018
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AA 68 Each OPTION (CED 2P05-Acs) Hanging Scale
FFP
Option Period 4: January 1, 2018 - December 31, 2018
30 Lb Capacity with Stainless Steel Commodity Pan Scale Face: 13-16 inch diameter; Commodity Pan: 12 to 18 inch diameter.
Make:________________________________
Model:________________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AB 22 Each OPTION (CED-2P05-B) Floor Stand & Bag Holder
FFP
Option Period 4: January 1, 2018 - December 31, 2018
Floor Stand and Bag Holder Dimensions: 21 inches long/wide, 85 inches high, bag holders: 39 inches high, circular base: 17 inches diameter, minimum 25 pound base for stability.
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:________________________________
Model:_______________________________
Warranty POC:________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AC 47 Each OPTION (CED 2P05-C) Floor Stand for Handicap
FFP
Option Period January 1, 2018 - December 31, 2018
Floor Stand and Bag Holder for Handicap (ADA) Dimensions: 21 inches long/wide, 76 inches high, bag holders: 30 inches high, circular base: 17 inch diameter (ADA).
The bag holder height dimensions are critical to this equipment and should not vary by more than 1 inch.
Make:_________________________________
Model:________________________________
Warranty POC:__________________________
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AD 1 Each OPTION Shipping Charges-Do not price
FFP
Option Period 4: January 1, 2018 - December 31, 2018
In accordance with the Addendum to 52.212-1-Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill.
ADDENDUM TO 52.212-1
INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
I. SUBMISSION OF OFFERS: [(Reference Paragraph (b)]
a. The proposal is to be submitted to the Defense Commissary Agency, Supply/Equipment Acquisition Division, Attn: LEAE, 1300 E. Ave, Fort Lee, VA 23801-1800. Faxed, scanned or e-mailed copies will be accepted. You may send to the fax number: 804-734-8009 (Press pause button 2 times) then 76232. The complete proposal with authorized representative’s signature must be received by the closing date and time. Offerors are also required to be registered in the System for Award Management (SAM) database at http://acquisition.gov.
b. Product Information: The Offeror shall submit descriptive literature, a matrix, or other information that demonstrates that the proposed products meet or exceed ALL the required generalized operating specifications of Commissary Equipment Descriptions (CED). See pages 54 through 56.
c. Offeror must have updated on-line representations completed via the System for Award Management (SAM) database at http://acquisition.gov. The offeror only need to complete paragraph (b) (2) of FAR 52.212-3 and submit with their proposal. North American Industry Classification System (NAICS) Code applicable to this solicitation is 333997and the Size Standard is 500. Per FAR 4.1201(a): Prospective contractor SHALL complete electronic annual representations and certifications (Reps & Certs) at System for Award Management (SAM) website at http://acquisition.gov . Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.
Per 13 CFR 121.106 – If the size determination is based on the number of employees, the method for determining business size status is based on the average number of employees of the concern (including part-time and full-time employees of its domestic and foreign affiliates), which is based upon the number of employees for each of the pay periods for the preceding completed 12 calendar months. [Additional definition is available by searching 13 CFR.121 at http://www.gpoaccess.gov/cfr/index.html] http://acquisition.gov/ http://acquisition.gov/ http://www.gpoaccess.gov/cfr/index.html
d. Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products that are similar to those listed in this solicitation. Provide by email to, richard.boehm@deca.mil or provide by fax the following information for each reference to Richard Boehm at 804-734-8009, press pause at least twice and then dial 76232 no later than August 20, 2013:
(1) Company Name and Address
(2) Point of Contact Name and Title
(3) Phone Number
(4) Facsimile Number
(5) E-Mail Address
(6) Description of Product Delivered
The references will be asked to provide information on your company’s past performance with regard to timeliness of delivery, quality, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.
e. Price: Provide your best price for each line item and enter the total price for the maximum quantity for each line item. Enter all pricing for the base and option years. Offeror shall propose FOB destination pricing for CONUS line items only. Equipment destined to Alaska and Hawaii will be shipped as stated on the Line items.
f. Shipping Costs: DO NOT price shipping CLINs. We will use $200.00 as a place holder for systems purposes once the contract is awarded. Prior to placing delivery orders, the Government will contact the vendor for shipping cost for specific location(s). The vendor will be paid for actual shipping charges supported by a copy of the prepaid freight/shipping bill attached to the invoice in Wide Area Workflow (WAWF).
II. The period for acceptance of offers is changed to 90 days.
ADDENDUM TO 52.212-4
The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.
1. Administrative Modifications:
The government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.
2. Payment Procedures:
a. Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS). Contract payments will be processed electronically via EFT through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit an invoice COMBO using Wide Area Work Flow (WAWF) electronic commerce. An invoice COMBO is used to invoice for supplies or services and enables the vendor to create a separate invoice and receiving report from the same data entry session, eliminating the need to re-key data. After an invoice COMBO is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF. After all items are properly submitted, the contract payment will be processed via DFAS electronically.
mailto:richard.boehm@deca.mil
b. The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractor to submit invoices via WAWF so that payments can be processed electronically through EFT.
c. For additional WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS AND RECEIVING REPORTS (MAR 2008).
3. Period of Performance:
Base Year: October 1, 2013 or date of award if later, through December 31, 2014 Option Year 1: January 1, 2015 through December 31, 2015 Option Year 2: January 1, 2016 through December 31, 2016 Option Year 3: January 1, 2017 through December 31, 2017 Option Year 4: January 1, 2018 through December 31, 2018
4. Delivery:
Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.
Delivery is required 60 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays.
Delivery orders will contain the delivery location and any other necessary delivery instructions. The contractor can find the delivery address and points of contact information for each store at www.commissaries.com
5. Shipping:
Some delivery locations may require packaging and preparation for overseas shipment, but the contractor is responsible only for shipment to the port except for Alaska and Hawaii (see Shipping CLINS). Equipment destined for overseas shipment will be wrapped, blocked, and braced using the best commercial practices so that the equipment arrives at destination without damage. Each Outside Continental United States (OCONUS) delivery order will include packing and marking instructions to the shipping port specified in the order. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number.
6. Be advised that this contract will be posted on http://www.commissaries.com/business/contracting.cfm at two distinct points during the procurement cycle:
(1) RECENT CONTRACT AWARDS - The first posting will take place immediately after the contract is awarded and will contain only the base year pricing.
(2) HISTORICAL PRICING – The second posting will take place when it is time for re-solicitation of an existing contract and will contain all CLINs and Sub-CLINs prices of the base period and all exercised options of the contract which is about to expire and is being re-solicited.
7. Be advised that this solicitation will result in one requirements contract where quantities are estimates. See clause 52.216-21, REQUIREMENTS, (OCT 1995) for more details.1
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 http://eda.ogden.disa.mil/ http://www.commissaries.com/ http://www.commissaries.com/business/contracting.cfm
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I
OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 Central Contractor Registration DEC 2012 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2013
52.204-13 Central Contractor Registration Maintenance DEC 2012 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2010
52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2013 52.213-1 Fast Payment Procedure MAY 2006 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-17 Interest OCT 2010 52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7004 Alt A Central Contractor Registration Alternate A MAY 2013 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013
252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Alt II Transportation of Supplies by Sea(JUN 2013) Alternate II MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)
The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical Acceptablility of Product
2. Past Performance
(a) Timeliness
(b) Quality of Products
(c) Business Relations
3. Price
Order of Importance - Product and Past Performance when combined, are approximately equal to Price.
https://www.acquisition.gov/
(b) Award will be made to the lowest-priced technically acceptable offeror. Offerors will be determined to be technically acceptable if their proposed product complies with the Commissary Equipment Description, (CED) requirements, and by receiving at least an acceptable rating for each past performance evaluation sub—factor. For the proposed product to be acceptable, the offeror’s product must meet or exceed the stated general and operational characteristics. Total evaluated price will be determined by applying each offeror’s unit price to the estimated quantity per Sub-CLIN, and totaling each CLIN for a total evaluated price, for the base and four option periods.
Only one award is possible.
(c) The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standardds of acceptable performance, but an offeror’s overall past performance history. The Government is seeking to determine whether the offeror has consistently demonstrated a genuie concern for customer satisfaction, and timely delivery of quality goods. This determiniation is a matter of judgment.
(d) 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).
(e) 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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)
ALTERNATE I (APR 2011)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.
(a) Definitions. As used in this provision:
"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.
395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.
(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)
(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.
(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).
(Check one of the following):
Average Annual
Number of Employees Gross Revenues
___ 50 or fewer ___ $1 million or less
___ 51 - 100 ___ $1,000,001 - $2 million
___ 101 - 250 ___ $2,000,001 - $3.5 million
___ 251 - 500 ___ $3,500,001 - $5 million
___ 501 - 750 ___ $5,000,001 - $10 million
___ 751 - 1,000 ___ $10,000,001 - $17 million
___ Over 1,000 ___ Over $17 million
(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either--
(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)
(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)
(The offeror shall check the category in which its ownership falls):
____Black American.
____Hispanic American.
____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
____Individual/concern, other than one of the preceding.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ) has, ( ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.
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