HDQMWR-11-R-0010 Marina-RV Power Pedestals.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 30

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE

NUMBER

HDQMWR-11-R-0010 2010 DEC 09

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7)

COMMANDER NAVY INSTALLATIONS COMMAND

FACILITIES AND ACQUISITIONS BRANCH N944B

5720 INTEGRITY DRIVE LASSEN BUILDING 457

MILLINGTON, TN 38055-6500

DONNA HOLCOMB

FAX: 901-874-2073

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and ----------------- copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in ------------------------------------------------------ until 4:00PM local time 2011 JAN 10

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

DONNA J. HOLCOMB

AREA CODE NUMBER EXT.

DONNA.HOLCOMB@NAVY.MIL

901 874-6685

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 6-18

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 5

X K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

19-23

X F DELIVERIES OR PERFORMANCE 5

X G CONTRACT ADMINISTRATION DATA 5 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 24-29

H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD 30

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

COMPANY CODE: 6515 COST CENTER: 16379 GL ACCOUNT: 783089

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( ) SECTION G

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

SEE SECTION G

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214 (c) mailto:DONNA.HOLCOMB@NAVY.MIL

HDQMWR-11-R-0010

PART I, SECTION B, - SUPPLIES OR SERVICES AND PRICES/COSTS

BASE YEAR:

ITEM SPECIFICATION OF SUPPLIES/SOW FOR SERVICES QTY U/I UNIT PRICE ESTIMATE

0001 Eaton Lighthouse Marina Grade Power pedestal (Single

Sided Configuration) “OR EQUAL”

0001A 20/30/30 Outlet Configuration (LDU12200000600S) 25 EA

0001B 20/30/50 Outlet Configuration (LDU12300000600S) 25 EA

0002 Eaton Lighthouse Marina Grade Power pedestal (Double

0002A 20/30/30 Outlet Configuration (LDU12201220600S) 75 EA

0002B 20/30/50 Outlet Configuration (LDU12301230600S) 75 EA

Note: Marina power pedestals may require type M, L, or

N bus bars on occasion.

0003 Eaton Powerhouse RV Park Power Pedestals “OR

EQUAL” 30/50/20 (PDU24100000700S)

200 EA

0004 Eaton Firehouse Fire extinguisher cabinet/life ring holder(FDYNNN) “OR EQUAL”

150 EA

“Offer Eaton Corporation Or Equal”, if offering an “equal to” item, provide technical specification sheets for review of the salient characteristics.

OPTION YEAR ONE (1):

1001 Eaton Lighthouse Marina Grade Power pedestal (Single

1001A 20/30/30 Outlet Configuration (LDU12200000600S) 25 EA

1001B 20/30/50 Outlet Configuration (LDU12300000600S) 25 EA

1002 Eaton Lighthouse Marina Grade Power pedestal (Double

1002A 20/30/30 Outlet Configuration (LDU12201220600S) 75 EA

1002B 20/30/50 Outlet Configuration (LDU12301230600S) 75 EA

1003 Eaton Powerhouse RV Park Power Pedestals “OR

200 EA

1004 Eaton Firehouse Fire extinguisher cabinet/life ring

OPTION YEAR TWO (2):

2001 Eaton Lighthouse Marina Grade Power pedestal (Single

2001A 20/30/30 Outlet Configuration (LDU12200000600S) 25 EA

2001B 20/30/50 Outlet Configuration (LDU12300000600S) 25 EA

2002 Eaton Lighthouse Marina Grade Power pedestal (Double

2002A 20/30/30 Outlet Configuration (LDU12201220600S) 75 EA

2002B 20/30/50 Outlet Configuration (LDU12301230600S) 75 EA

2003 Eaton Powerhouse RV Park Power Pedestals “OR

EQUAL” V30/50/20 (PDU24100000700S)

200 EA

2004 Eaton Firehouse Fire extinguisher cabinet/life ring

OPTION YEAR THREE (3):

3001 Eaton Lighthouse Marina Grade Power pedestal (Single

3001A 20/30/30 Outlet Configuration (LDU12200000600S) 25 EA

3001B 20/30/50 Outlet Configuration (LDU12300000600S) 25 EA

3002 Eaton Lighthouse Marina Grade Power pedestal (Double

3002A 20/30/30 Outlet Configuration (LDU12201220600S) 75 EA

3002B 20/30/50 Outlet Configuration (LDU12301230600S) 75 EA

3003 Eaton Powerhouse RV Park Power Pedestals “OR

200 EA

3004 Eaton Firehouse Fire extinguisher cabinet/life ring

OPTION YEAR FOUR (4):

4001 Eaton Lighthouse Marina Grade Power pedestal (Single

4001A 20/30/30 Outlet Configuration (LDU12200000600S) 25 EA

4001B 20/30/50 Outlet Configuration (LDU12300000600S) 25 EA

4002 Eaton Lighthouse Marina Grade Power pedestal (Double

4002A 20/30/30 Outlet Configuration (LDU12201220600S) 75 EA

4002B 20/30/50 Outlet Configuration (LDU12301230600S) 75 EA

4003 Eaton Powerhouse RV Park Power Pedestals “OR

200 EA

4004 Eaton Firehouse Fire extinguisher cabinet/life ring

PART I, SECTION E, - INSPECTION AND ACCEPTANCE

The Government will inspect for defects upon receipt.

See Clause 10 Titled “Inspection” and Clause 40 Titled "Inspection of Services - Fixed

Price".

PART I, SECTION F, - DELIVERIES OR PERFORMANCE

Deliveries will be specified on individual delivery orders.

Delivery locations include activities located in the Continental United States and may include locations in Hawaii, Guam, and Japan.

PART I, SECTION G, - CONTRACT ADMINISTRATION DATA

Submit invoices to:

• As indicated on individual delivery orders.

• See Clause 12 titled “INVOICES”.

PART II, SECTION I – CONTRACT CLAUSES

NONAPPROPIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS

CLAUSES MADE INAPPLICABLE BY THE TYPE OF ORDER OR CONTRACT ARE

SELF-DELETING.

1. DEFINITIONS

2. ADVERTISEMENTS

3. ASSIGNMENT

4. COMMERCIAL WARRANTY

5. DISCOUNTS FOR PROMPT PAYMENT

6. DISPUTES

7. EXAMINATION OF RECORDS

8. GRATUITIES

9. HOLD AND SAVE HARMLESS

10. INSPECTION

11. INSURANCE

12. INVOICES

13. LAW GOVERNING CONTRACTS

14. LEGAL STATUS

15. MODIFICATIONS

16. ORDER OF PRECEDENCE

17. PAYMENTS

18. PROOF OF SHIPMENT

19. TAXES

20. TERMINATION FOR CONVENIENCE

21. TERMINATION FOR DEFAULT

22. VARIATION IN QUANTITY

23. PROTESTS

(Incorporated by Reference)

24. COVENANT AGAINST CONTINGENT FEES

25. WALSH-HEALEY PUBLIC CONTRACTS ACT

26. EQUAL OPPORTUNITY

27. AFFIRMATIVE ACTION–VETERANS

28. AFFIRMATIVE ACTION–HANDICAPPED WORKERS

29. EMPLOYMENT REPORTS – VETERAN

30. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

31. EXTRAS

NONAPPROPIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS (cont.)

32. CHANGES – FIXED PRICE

33. CONTRACTOR INSPECTOR REQUIREMENTS

34. RESPONSIBILITY FOR SUPPLIES

35. CLEARANCE AND DOCUMENT – SHIPMENTS

36. CONVICT LABOR

37. CONTRACT WORK HOURS & SAFETY STANDARDS ACT

38. SERVICE CONTRACT ACT OF 1965 (AS AMENDED)

39. CHANGES – FIXED PRICE

40. INSPECTION OF SERVICES – FIXED PRICE

NONAPPROPRIATED FUND CONTRACT CLAUSES

1. DEFINITIONS. As used throughout this contract, the following terms and abbreviations have the meaning set forth below:

a. The term “Contract” means this agreement or order and any modifications hereto.

b. The abbreviation “NAFI” means Nonappropriated Fund

Instrumentality of the United States Government.

c. The term “Contracting Officer” means the person executing or responsible for administering this contract on behalf of the

NAFI which is a party hereto, or his successor or successors.

d. The term “Contractor” means the party responsible for providing supplies/equipment and/or services at a certain price or rate to the NAFI under this contract.

e. The term “Contracting Officer’s Representative” (COR) means a person appointed by the Contracting Officer to monitor performance and act as a liaison between the Contractor and the

Contracting Officer.

2. ADVERTISEMENTS. The Contractor agrees that none of its, nor its agent’s, advertisement to include publications, merchandise, promotions, coupons, sweepstakes, contests, sales brochures, etc., shall state, infer or imply that the Contractor’s products or services are approved, promoted or endorsed by the NAFI. Any advertisement, including cents off coupons, which refers to a

NAFI will contain a statement that the advertisement is neither paid for nor sponsored in whole or in part by that particular activity.

3. ASSIGNMENT. A Contractor may not assign their rights or delegate their obligations under this contract without prior written consent of the Contracting Officer.

4. COMMERCIAL WARRANTY. The Contractor agrees that the supplies/equipment or services furnished under this contract shall be covered by the most favorable commercial warranties the

Contractor gives to any customer for such supplies/equipment or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies/equipment or services covered.

5. DISCOUNTS FOR PROMPT PAYMENT. In connection with any prompt payment discount offered, time will be computed from the date of the Contractor’s invoice. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made.

6. DISPUTES

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his/her decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 90 days from date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the immediate superior in command

(ISIC) of the command one level above the Contracting Officer's command. The decision of this authority shall be final and conclusive. If no such appeal is filed, the decision of the

Contracting Officer shall be final and conclusive. The

Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause.

Pending final decision on such a dispute, the Contractor shall proceed diligently with the performance of the contract and according to the decision of the Contracting Officer, unless directed to do otherwise by the Contracting Officer.

7. EXAMINATION OF RECORDS

a. The clause is applicable if the amount of this contract exceeds $10,000 and the contract was entered into by mean of negotiation. The Contractor agrees that the Contracting Officer or his/her duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and up to three years after contract expiration date and final payment.

b. The Contractor agrees to include the clause in “a” above in all subcontracts thereunder which exceed $10,000.

8. GRATUITIES

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found after notice and hearing, by the

Commanding Officer, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph “a” hereof, the NAFI shall be entitled (1) to pursue the same remedies against the Contractor as it would pursue in the event of a breach of contract by the Contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law to exemplary damages in an amount (as determined by the Commanding Officer), which shall not be less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

9. HOLD AND SAVE HARMLESS. The Contractor shall indemnify, save harmless and defend the NAFI, U.S. Navy, Federal Government, its outlets and customers from any liability, claimed or established, for violation or infringement of any patent, copyright or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold NAFI harmless from all claims or judgments for damages resulting from the use of products listed in this contract, except for such claims or damages caused by or resulting from negligence of the NAFI customers, employees, agents or representatives.

Also, the Contractor shall at all times hold and save harmless the

NAFI, U.S. Navy, Federal Government, its agents, representatives, and employees from any and all suits and expenses which arise out of acts or omissions of the Contractor, its agents, representatives, or employees.

10. INSPECTION. Unless otherwise provided herein, inspection shall be made after receipt of the supplies/equipment by the ordering activity, or after completion of services by the

Contractor. Inspection and acceptance shall not be conclusive, with respect to latent defects or fraud, or with respect to the

NAFIs rights under the Proof of Shipment provisions contained herein. In case any supplies/equipment or services are defective in material or workmanship, or are otherwise not in conformity with the requirements of this contract, the NAFI shall have the right to reject such supplies or services, or to require replacement or correction. Rejected supplies/equipment shall be removed by and at the expense of the Contractor promptly after notice. If required by the NAFI, the Contractor, after notice of defect or non-conformance, shall, in a timely manner, correct or replace the defective or non-conforming supplies/equipment or services, or any part thereof. When such correction or replacement requires transportation of the supplies/equipment or part thereof, all shipping costs to and from the Contractor’s plant or place of business shall be borne by the Contractor.

11. INSURANCE

a. The Contractor shall, at their expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and minimum amount set forth herein.

b. At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of

Insurance showing at least the insurance required herein, and providing thirty (30) days written notice to the Contracting

Officer by the insurance company prior to cancellation or material change in policy coverage.

c. The Contractor shall also require all first-tier subcontractors, who will perform work on a Government installation, to procure and maintain the insurance required herein during the entire period of their performance. The

Contractor shall furnish (or assure that it has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of “b” above for each such first-tier subcontractor, at least five (5) days prior to entry of each such subcontractor’s personnel on the installation.

In implementation of the insurance clause above, the Contractor shall procure and maintain:

(1) Workman’s compensation as prescribed by the laws of the state in which the work will be performed and employer’s liability insurance.

(2) General liability insurance wherein the NAFI and the

United States are included as named insured stating that such insurance is primary (secondary to or contributory with no other insurance). Policy limits of $1,000,000 per person - $1,000,000 per occurrence for injury or death, and $1,000,000 property damage per occurrence are required.

(3) The Contractor is responsible for damage or loss to his owned or leased equipment. Claims will be honored only if it can be shown that the NAFI was negligent and caused damage or loss to the Contractor’s equipment.

12. INVOICES. An invoice is a written request for payment under the contract for supplies/equipment delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties) must include the following:

a. Invoice date;

b. Name of Contractor;

c. Contract number (include order number, if any) contract description of supplies or services, quantity, contract unit of measure and unit price and extended total;

d. Shipment number and date of shipment;

e. Name and address to which payment is to be sent (name must be the same as that in the contract or on a proper notice of assignment);

f. Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice; and

g. Any other information or documentation required by other provisions of the contract (such as evidence of shipment)

Invoices shall be prepared and submitted in duplicate (one copy shall be marked “Original”) unless otherwise specified.

13. LAW GOVERNING CONTRACTS. In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined according to the substantive and procedural laws of the United States of America.

14. LEGAL STATUS. The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States

Government. Therefore, NAFI contracts are United States

Government contracts, however, they do not obligate appropriated funds of the United States. NO APPROPRIATED FUNDS OF THE UNITED

STATES SHALL BECOME DUE OR BE PAID A CONTRACTOR BY REASON OF THIS

CONTRACT.

15. MODIFICATIONS. No agreement or understanding to modify this contract will be binding upon the NAFI unless it is made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

16. ORDER OF PRECEDENCE. In the event of an inconsistency between provisions of this solicitation/award, the inconsistency shall be resolved by giving precedence in the following order:

(1) Supplies/Equipment or Services and Prices/Costs;

(2) Description/Specifications/Work Statement; (3) Special

Contract Requirements; (4) Contract Clauses; (5) other provisions of the solicitation/award.

17. PAYMENTS. Payment of prices stated in this contract will be made according to the Prompt Payment Act, as amended. Unless otherwise specified, payment will be made on partial deliveries accepted by the NAFI when the amount due on such deliveries so warrants. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made.

18. PROOF OF SHIPMENT. (Applicable to shipments outside the

United States through the Defense Transportation System {DTS} and

Parcel Post shipments to overseas destinations). Except as otherwise provided in this contract, payment will be made for items not yet received upon receipt of an invoice accompanied by proof of delivery to a postal system or common carrier if delivery is FOB point of origin. For deliveries FOB destination named port of debarkation, the invoice must be accompanied by a signed receipt by a government representative at the named port.

19. TAXES. The prices herein reflect full reduction for taxes which are nonapplicable. In addition to the exemption from

Federal excise taxes by virtue of exportation, all tangible personal property sold to NAFIs for resale are exempt from sales and use taxes. All sales other than for resale depend on state law or federal constitutional immunity for exemption from state sales and use taxes.

20. TERMINATION FOR CONVENIENCE. The Contracting Officer, by written notice, may terminate this contract, in whole or in part when it is in the best interest of the NAFI. If contract is terminated for convenience, the NAFI shall be liable only for payment according to the payment provisions stated in this contract.

21. TERMINATION FOR DEFAULT. The Contracting Officer, by written notice, may terminate this contract in whole or in part for failure of the Contractor to perform any of the provisions hereof. In such event, the Contractor shall be liable for damages including the excess cost of reprocuring similar supplies/ equipment or services; provided that, if (1) it is determined for any reason that the Contractor was not in default; or

(2) Contractor’s failure to perform is without the Contractor’s or subcontractor’s control, fault or negligence, the termination must be deemed to be a termination for convenience. As used in this provision, the term “subcontractor” means subcontractor at any tier.

22. VARIATION IN QUANTITY. No variation in quantity of any item listed in this contract will be accepted unless authorized by the

Contracting Officer.

23. PROTESTS. Offerors are encouraged to resolve any complaints or issues they may have with the Contracting Officer in an informal manner. However, where an Offeror is not satisfied with a procurement decision of the Contracting Officer that Offeror may file a written protest with the Contracting Officer and the

Contracting Officer will issue a final decision on the protest.

Any interested party who is dissatisfied by the Contracting

Officer’s final decision on the protest may file a written appeal with the Commanding Officer. The procedures for filing protests may be found in Paragraph 223 of BUPERSINST 7043.1B. A copy of

Paragraph 223 will be provided to any Offeror by the Contracting

Officer upon request.

CLAUSES INCORPORATE BY REFERENCE

The provision of the following clause set forth in the Federal

Acquisition Regulation (FAR) are hereby incorporated into this order or contract by reference with the same force and effect as if they were given in full text. As used in the following clause, the term “Government” is deleted and the abbreviation

“NAFI” is substituted in lieu thereof. The date of each clause shall be the current date set forth in the FAR at the time of issuance of an order or contract award. Clauses made inapplicable by the reference or by the type or order or contract (e.g. order or contracts for services instead of supplies/ equipment) are self-deleting. Upon request, the

Contracting Officer will provide the full text.

CLAUSE NO. REFERENCE CLAUSE TITLE

24 52.203-5 Covenant Against

Contingent fees (Contracts over $100,000)

25 52.222-20 Walsh-Healey Public

Contracts Act (Supply

Contracts in excess of

$10,000)(not with foreign

Contractors)

26 52.222.26 Equal Opportunity (Supply and Service Contracts over

$10,000)

27 52.222.35 Affirmative Action for

Special Disabled Veterans and Vietnam Era Veterans

(Supplies and Services over $10,000)

28 52.222-36 Affirmative Action for

Handicapped Workers

(Supplies and Service

Contracts over $25,000)

29 52.222-37 Employment Reports on

Special Disabled Veterans and Vietnam Era Veterans

(Supplies and Services

Contracts over $10,000)

CLAUSE NO. (cont.) REFERENCE (cont.) CLAUSE TITLE (cont.)

30 52.225-13 Restrictions on Certain

Foreign Purchases

31 52-232-11 Extras

32 52.243-1 Changes–Fixed Price

33 52.246-1 Contractor Inspector

Requirements

34 52.246-16 Responsibility for

Supplies

35 52.247-52 Clearance and

Documentation

Requirements-Shipment to

DOD Air or Water Terminal

Transshipment Points

36 52.222-3 Convict Labor (Contracts over $2,500)

37 52.222-4 Contract Work Hours and

Safety Standards Act-

Overtime Compensation–

General (Contracts over

$100,000)

38 52.222-41 Service Contract Act of

1965, as amended

(Contracts over $2,500)

39 52.243-1 (ALT1) Changes – Fixed Price

40 52.246-4 Inspection of Services –

Fixed Price

SUPPLEMENTAL CLAUSES

1. REQUIREMENTS

a. This is a requirements contract for the supplies or services specified, and effective for the period stated, in the schedule. The quantities of supplies or services specified in the schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the

NAFI’s requirements do not result in orders in the estimated quantities described in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

b. Delivery or performance shall be made only as authorized by delivery orders or purchase card orders issued in accordance with the Ordering clause. The contractor shall furnish to the

NAFI all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The NAFI may issue orders requiring delivery to multiple destinations or performance at multiple locations. There is no limit on the number or orders that may be issued by the NAFI.

c. The NAFI shall order from the Contractor all the supplies or services specified in the schedule that are required to be purchased by the NAFI activity or activities specified in the schedule.

d. Orders issued during the effective period of this contract and not completed within that time shall be completed by the contractor within the time specified in the order, and the rights and obligations of the contractor and the NAFI respecting those orders shall be governed by the terms of the contract to the same extent as if completed during the effective period of this contract.

2. ORDERING. Orders will be placed by Government Purchase Card or written Delivery Orders. The supplies or services to be furnished under this contract will be ordered from time to time during the contract term, by the NAFI or its authorized representative. Each delivery order may be placed orally, but must be confirmed via written delivery order, except for purchase card orders. All orders are subject to the terms and conditions of this contract. In the event of a conflict between a delivery order and this contract, the contract shall control.

PART IV, SECTION K - REPRESENTATIONS, CERTIFICATES AND OTHER

STATEMENTS OF OFFERORS

WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATIONS

(Applicable to supply contracts exceeding $10,000.00)

The offeror represents as a part of this offer that the offeror {_____} is or {_____} is not a regular dealer in, or

{_____} is or {____} is not a manufacturer of, the supplies offered.

CONTINGENT FEE (Applicable to contracts over $25,000)

(a) Offeror _____has _____ has not employed any company or persons (other than a full-time bona fide employee working solely for the offeror) to solicit or secure this contract, and

(b) _____has _____has not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b), as requested by the contracting officer.

(Interpretation of the representation, including the term “bona fide employee,” see subpart 3.4 of the Federal Acquisition

Regulation.)

TYPE OF BUSINESS ORGANIZATION

Offeror operates as _____an individual _____a partnership _____a nonprofit organization _____a corporation, incorporated under the laws of the State of________________________________.

EQUAL OPPORTUNITY (EO)

(Applicable to contracts exceeding $10,000.00 not exempt from

EO)

(a) Offeror _____has _____has not participated in a previous contract or subcontract subject either to the EO clause herein or the clause originally contained in section 310 of

Executive Order No. 10925, or the clause contained in section

201 of Executive Order No. 11114; offeror _____has _____has not filed all required compliance reports; and that representation indicating submission of required compliance reports, signed by proposed subContractors, will be obtained prior to subcontract awards.

(b) Offeror represents that (1) it _____has developed and has on file _____has not developed and does not have on file, at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) or (2) _____it has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

(Applicable to contracts over $25,000.00)

(a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on this offer certifies that the signatory:

(1) Is the person in the offeror’s organization responsible within that organization for the decision as to the prices being offered herein and that the signatory has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) (i) Is not the person in the offeror’s organization responsible within that organization for the decision as to the prices being offered herein but has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above.

CERTIFICATION OF NONSEGREGATED FACILITIES

(Applicable to contracts and subcontracts exceeding $10,000.00 which are not exempt from the provisions of the EO clause)

(a) By submission of this offer, offeror/subContractor certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.

Offeror/subContractor agrees that a breach of this certification is a violation of the EO clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Offeror further agrees that (except where it has obtained identical certifications from proposed subContractors for specific time periods) it will (1) obtain identical certifications from proposed subContractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the EO clause; (2) retain such certifications in its files; and (3) forward the following notice to such proposed subContractors (except where the proposed subContractors have submitted identical certifications for specific time periods):

Notice to prospective subContractors of requirement for certifications of nonsegregated facilities.

(b) A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding

$10,000.00 which is not exempt from the provisions of the EO clause.

(c) The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false offers is prescribed in 18 U.S.C. 1001.

(d) ACKNOWLEDGMENT OF AMENDMENTS

Amendment No Date

The offeror acknowledges receipt of amendments the solicitation for offers and related documents numbered and dated as follows:

NOTE: Offers must set forth accurate and complete information as required by this Solicitation

(including attachments). The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

PART IV, SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

L-1. PREPARATION OF OFFERS

a. Offerors are expected to examine the specifications and all instructions.

Failure to do so will be at the offeror's risk.

b. Each offeror shall furnish the information required by the solicitation. The offeror shall sign the offer and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

c. For each item offered, offerors shall (1) show the unit price/cost, including, unless otherwise specified, packaging, packing, and preservation, and (2) enter the extended price/cost for the quantity of each item offered when requested. In case of a discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

d. Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation.

e. Offerors must state a definite time for delivery of supplies or services, unless otherwise specified in the solicitation.

f. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

L-2. PROPOSALS **

Offerors shall submit an original and one (1) copy of pages 1, 2, 3, and 4. Complete and return section K: "Representations, Certifications and other Statements of Offerors".

Include the following information with proposal submission: (a) Payment Terms, (b) a minimum of two (2) customer references (name and contract information) for customers that the Contractor has provided the same or similar type unit that is required by this solicitation, (c) Delivery Terms, i.e. FOB Destination or Origin to include delivery time after receipt of an order.

Any data previously submitted in response to another solicitation will be assumed unavailable to the NAFI; and this data shall not be incorporated into the proposal by reference.

Clarity and completeness of the proposal are of utmost importance. The proposal shall be written in a practical, clear, and concise manner. It must use quantitative terms whenever possible and shall avoid qualitative adjectives to the maximum extent possible. Proposal must be internally consistent or the proposal will be considered unrealistic and unacceptable.

L-5. AMENDMENTS TO SOLICITATIONS

a. If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

b. Offerors shall acknowledge receipt of any amendment to this solicitation by

(1) signing and returning the amendment, (2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer, and (3) by sending letter (or facsimile, if facsimile offers are authorized in the solicitation). The

NAFI must receive the acknowledgment by the time specified for receipt of offers.

L-6. SUBMISSION OF OFFERS

Offers and modifications thereof shall be submitted in sealed envelopes or packages addressed to the office specified in the solicitation, and show the time specified for receipt, the solicitation number, and the name and address of the offeror; or offers may be sent via email to donna.holcomb@navy.mil.

L-7. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF

PROPOSALS

a. Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it mailto:donna.holcomb@navy.mil

(1) was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) was sent by mail or, if authorized by the solicitation, or via facsimile and it is determined by the NAFI that the late receipt was due solely to mishandling by the NAFI after receipt at the Government installation;

(3) was sent by Express Mail (e.g. FedEx, UPS or postal service), not later than 5:00 P.M. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and U.S. Federal holidays; or

(4) is the only proposal received.

b. Any modification of a proposal or quotation, except a modification resulting from the Contracting Officer's request for "best and final" offer is subject to the same conditions above.

c. A modification resulting from the Contracting Officer's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the

NAFI after receipt at the Government installation.

d. The only acceptable evidence to establish the date of mailing of a late proposal or modification sent either by U.S. Postal Service registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, quotation, or modification shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors or quoters should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

e. The only acceptable evidence to establish the time of receipt at the

Government installation is the time/date stamp of that installation on the proposal wrapper or other documentary evidence of receipt maintained by the installation.

f. The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by “Express Mail Service” is the date entered by the mail service receiving clerk on the "Express Mail Service" label and/or the postmark on both the envelope or wrapper and on the original receipt from the mail service provider.

"Postmark" has the same meaning as defined above, excluding postmarks of the

Canadian Postal Service. Therefore, offerors or quoters should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

g. Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful proposal that makes its terms more favorable to the NAFI will be considered at any time it is received and may be accepted.

h. Proposals may be withdrawn by written notice received at any time before award. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provisions entitled "Facsimile Proposals." Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposals before award.

L-8. RESTRICTION ON DISCLOSURE AND USE OF DATA

Offerors or quoters who include in their proposals or quotations data that they do not want disclosed to the public for any purpose or used by the NAFI except for evaluation purposes, shall

a. Mark the title page with the following legend: "This proposal or quotation includes data that shall not be disclosed in whole or in part - for any purpose other than to evaluate this proposal or quotation. If, however, a contract is awarded to this offeror or quoter as a result of - or in connection with - the submission of this data, the NAFI shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the NAFI's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets ___________ (insert numbers or other identification of sheets"; and

b. Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation."

L-9. EXPLANATION TO PROSPECTIVE OFFERORS

Any prospective offerors desiring an explanation or interpretation or interpretation of the solicitation requirements and/or contract line items must submit a written request via email to donna.holcomb@navy.mil no later than 17 December 2010. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors.

L-10. FAILURE TO SUBMIT OFFER

Recipients of this solicitation not responding with an offer should not return this solicitation, unless it specifies otherwise. Instead, they should advise the issuing office by letter or postcard whether they want to receive future solicitations for similar requirements. If a recipient does not submit an offer and does not notify the issuing office that future solicitations are desired, the recipient's name may be removed from the applicable mailing list.

L-11. CONTRACT AWARD - NEGOTIATED PROCUREMENT

a. The NAFI will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the NAFI, cost or price and other factors specified elsewhere in this solicitation, considered.

b. The NAFI may (1) reject any or all offers if such action is in the public interest, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received.

c. The NAFI intends to evaluate proposals and award a contract without discussions with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the NAFI reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

d. The NAFI 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 be submitted for quantities less than those specified. The NAFI mailto:donna.holcomb@navy.mil reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the offer.

e. A written award or acceptance of 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 NAFI may accept an offer, or part of an offer, as provided above, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the NAFI.

f. Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current.

g. The NAFI may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or subline items. An offer is materially unbalanced when it is based on prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result in the lowest overall cost to the NAFI, even though it may be the low evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance payment.

L-12. TYPE OF CONTRACT

The NAFI contemplates award of a Firm Fixed Price Indefinite Delivery Indefinite Quantity

Requirements Contract with a Base and Four Option years as a result of this solicitation.

PART IV, SECTION M: - EVALUATION FACTORS FOR AWARD

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.

Award will be made based on Lowest Price, Technically Acceptable (LPTA).

Offers will be evaluated based on Price, Technical Compliance, Availability, and Past

Performance. Price and technical compliance will be weighed as equal factors.