HSBP1010R0027(SF1449).pdf

12. DISCOUNT TERMS

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS

6. SOLICITATION

ISSUE DATE

3. AWARD/EFF. DATE 5. SOLICITATION NUMBER2. CONTRACT NO. 4. ORDER NUMBER

a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION

INFORMATION CALL:

SET ASIDE : % FOR:

SMALL BUSINESS

NAICS:

SIZE STANDARD:

HUBZONE SMALL BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

IFB RFPRFQ

15. DELIVER TO CODE 16. ADMINISTERED BY CODEDELIVERY DATE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED. SEE ADDENDUM

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER.

8(A)

EMERGING SMALL BUSINESS

00/00/0000 HSBP1010R0027

Hyun "Julie" Koo 202-344-3769 05/03/2010

12:00 PM EST70050800

DHS - Customs & Border Protection

Department of Homeland Security

1300 Pennsylvania Ave, NW

Procurement Directorate - NP 1310

Washington DC 20229 453910

$07.0 MILLION

As Indicated in Each Order DHS - Customs & Border Protection Department of Homeland Security 1300 Pennsylvania Ave, NW Procurement Directorate - NP 1310 Washington DC 20229

DHS - Customs & Border Protection National Finance Center

PO Box 68908 Indianapolis IN 46268

PAGE OF PAGES1. REQUISITION NUMBERSOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12,17,23,24, & 30 0020054125 1 2

ORDER UNDER DPAS (15 CFR 700)

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

UNRESTRICTED OR

13a. THIS CONTRACT IS A RATED

04/14/2010

TIN NO.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

24.

AMOUNT

22.

UNIT

23.

UNIT PRICE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31c. DATE SIGNED

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA

ADDENDA

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN COPIES 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.

29. AWARD OF CONTRACT: REF.

. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

OFFER DATED

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

$0.00

Hyun Jung Koo

10 Dog Supplies 1.000 AU

2 2

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

PAGE OF PAGES

ADDITIONAL INFORMATION:

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVT. 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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

FINALPARTIAL

36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41c. DATE 42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 3/2005) BACK

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

0020054125 00/00/0000

The Proposal Documentation shall be sent electronically to Hyun Koo at Hyun.Koo@dhs.gov. The attachments shall be in Microsoft Word, Microsoft Excel, or PDF format. The Email subject line shall include the RFP number.

Email is the preferred method of submission, but proposals may be submitted in hardcopy form to the following address:

U.S. Customs and Border Protection Hyun Jung Koo, Contracting Officer National Place Building 1331 Pennsylvania Avenue, N.W., Suite 1310 Washington, DC 20229 RFP Number: HSBP1010R0027

Submissions must be received by the Contracting Officer no later than May 3, 2010 by 12:00 PM EST. All questions shall be submitted electronically (via email) to Hyun Koo at Hyun.Koo@dhs.

gov. Each question submitted shall reference the specific section and paragraph of the RFP as appropriate. All CBP Responses to all Questions will be posted on FEDBIZOPPS.

ATTACHMENTS:

1. Material Inspection and Receiving Report DD 250

2. Monthly Sales Activity Report

HSBP1010R0027

TABLE OF CONTENTS

Table Of Contents

SECTION I SCHEDULES

I.1 STATEMENT OF WORK

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

II.2 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

ALTERNATE I (OCT 1995)

II.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

II.4 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

II.5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)

II.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

II.7 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

II.8 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

II.9 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION

(OCT 2003)

II.10 52.233-3 PROTEST AFTER AWARD (AUG 1996)

II.11 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

II.12 52.243-1 CHANGES - FIXED-PRICE (AUG 1987)

II.13 52.247-34 F.O.B. DESTINATION (NOV 1991)

II.14 52.247-48 F.O.B. DESTINATION-EVIDENCE OF SHIPMENT (FEB 1999)

II.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (FEB 2010)

II.16 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

II.17 CONTRACT TYPE (OCT 2008)

II.18 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

SECTION III SOLICITATION PROVISIONS

III.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

III.2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2008)

III.3 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

III.4 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

III.5 ADDITIONAL INSTRUCTIONS TO OFFERORS

III.6 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

III.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

III.8 52.216-1 TYPE OF CONTRACT (APR 1984)

III.9 52.225-18 PLACE OF MANUFACTURE (SEP 2006)

III.10 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

SECTION I SCHEDULES

I.1 STATEMENT OF WORK

DHS Department-Wide/Component-Wide Acquisition

Notice Title:

DHS Canine Dog Supplies

Notice Type:

Combined Synopsis/Solicitation

Synopsis:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued. The solicitation is issued as a request for proposal. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-38 effective February 1, 2010. This is a partial Small Business Set-Aside Competition with a North American Industrial Classification Systems (NAICS) of 453910 – “Pet and Pet Supplies Stores.” The associated North American Industry Classification System (NAICS) Code 453910 has a Small Business Size Standard of $7.0 million and shall remain open for responsible sources to respond. Contractors are required to identify their company’s business size.

The Department of Homeland Security (DHS) intends to establish multiple no cost BPAs to fulfill this requirement;

however, the Government reserves the right not award any BPA and does not guarantee any order placements. The resultant Blanket Purchase Agreement (BPA) award(s) will be for a three year period with an aggregate total not-to-exceed ceiling amount of $8,000,000.00 amongst the BPAs. The fixed price per unit will be determined based on a breakdown of all costs and delivery to various CONUS locations. The Government anticipates award of BPAs within 60 days of receipt of quotes. The Government is obligated only to the extent of the authorized purchases made under the

BPA.

DESCRIPTION OF AGREEMENT

The Supplier shall furnish dog supplies for three years to DHS and its organizational components within an aggregate total not-to-exceed ceiling amount of $8,000,000.00 amongst the BPAs. Dog supplies shall be furnished if and when requested by a warranted DHS Contracting Officer or authorized Government Purchase Card Holder acting within their scope of delegated procurement authority.

SECTION I: Requirement Information

All DHS Organizational Components, Directorates, and Offices are authorized to order under this BPA.

Name of Requisitioning Office:

U.S. Department of Homeland Security U.S. Customs and Border Protection CBP Canine Center El Paso Building 11617 SSG Simms, Biggs Army Airfield El Paso, TX 79916

SECTION II: Purpose

Product, Service or Outcome Needed:

DHS and its organizational components require dog supplies for Federal proprietary canine teams at various CONUS locations. The desired outcome is to establish Department-wide/Component-wide contract vehicles that meet this need while concurrently reducing costs, streamlining processes, eliminating duplication, and improving customer service.

Scope of the Product, Service, or Outcome:

The scope is to provide DHS and its organizational components various types and brands of dog supplies for delivery to various CONUS locations.

SECTION III: Background

DHS and its organizational components currently have over 2,000 canines located in over 170 cities throughout the United States. DHS organizational components and offices that use canines include:

Customs and Border Protection (CBP) Federal Emergency Management Agency (FEMA) Federal Protective Service (FPS) Transportation Security Administration (TSA) U.S. Coast Guard (USCG) U.S. Secret Service (USSS)

DHS currently spends approximately $1.5M in dog supplies on an annual basis. DHS expects this spend to steadily increase over the next five years based on the planned growth of the canine workforce.

Through this BPA, DHS and its organizational components seek to purchase dog supplies. Orders will be placed by a warranted DHS Contracting Officer or authorized government purchase card holder acting within their scope of delegated procurement authority. Government purchase card holders may include DHS canine training center staff, canine program managers, and individual canine handlers. DHS and its organizational components have a requirement for the purchase of various types and brands of dog supplies for delivery to CONUS locations.

SECTION IV: Requirements

The Contractor shall deliver a wide-variety of dog supplies. The dog supplies most commonly required by DHS are listed below:

Bowls Brushes Choke chains Collars First aid supplies Grooming supplies Harnesses Kennels / crates Kongs Leads Leashes Muzzles Reward bags Toys

Other dog supplies that DHS may purchase include, but are not limited to, those listed below:

Balls Beds Bones Dog houses Supplements Tags Toothpaste Training aids Treats Vitamins

Deliverables:

Individual orders will detail the respective brands, quantities, and delivery location(s). The contractor will fulfill the order within the time period specified by the contractor but no later than two (2) calendar weeks after issue of each individual order. The contractor shall provide a delivery confirmation email to the DHS organizational component Sub-COTR within 24 hours of delivery. Confirmation shall include executed Material Inspection and Receiving Report DD250.

The contractor shall provide a current order status at any time as requested by DHS organizational components within 12 hours of receipt of request.

Reporting:

The contractor shall provide a Monthly Sales Activity Report indicating purchases by all DHS organizational components within 15 calendar days after the end of the month. Each Monthly Sales Activity Report shall provide the following information: (1) monthly summary of orders under the BPA from the previous month by organizational component, (2) cumulative summary of orders under the BPA to date by organizational component, (3) price paid compared to GSA or commercial list price and the resulting savings, and (4) any issues that need attention.

The Monthly Sales Activity Report shall be provided by the contractor to DHS using the format in the Excel file entitled Appendix 1- Monthly Sales Activity Report and must contain, at a minimum, the fields identified. The Monthly Activity Report must include line item detail for each product purchased in a purchase order. For example, if one order consists of four (4) products, there shall be four (4) entries under one order ID. A data dictionary is also included with the Monthly Sales Activity Report detailing the required entries for each field.

Monthly Sales Activity Reports shall be provided in electronic format and emailed to the BPA Contracting Officer (CO), the BPA Contracting Officer Technical Representative (COTR) and the DHS Strategic Sourcing Program Office (SSPO). The subject line of the email notice presenting the submission of the monthly report shall be annotated with – Contract Number, Monthly Sales Activity Report (state the month and year).

DELIVERABLE MATRIX

# Deliverable Due Date Deliverable Recipient

(include contact information)

Deliverable Format Acceptance Criteria

1 Dog Supplies - Brands, quantities, and delivery location(s) as indicated on each order.

To be specified by vendor. No later than 2 calendar weeks of order.

As indicated on each order.

N/A Quality, quantity, and the condition of tendered supplies

2 Material Inspection and Receiving Report

DD 250

(Delivery Confirmation & Acceptance)

Within 24 hours of acceptance of order.

DHS

organizational component Sub-

COTR

Electronic Delivery via email.

Timeliness and Evidence of Shipment and Receipt

3 Order Status As requested As requested Phone or Electronic Delivery via email.

Timeliness

4 Monthly Sales Activity Report

Within 15 calendar days after the end of the month

BPA Contracting Officer, BPA COTR, and Strategic Sourcing Program Office

Spreadsheet Document, Electronic Delivery via email.

Timeliness, accuracy, and quality of product

Special Delivery Instructions:

Unless otherwise specified, all items to be delivered under this contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. Preservation, packaging and packing shall provide adequate protection against physical damage during shipment for all deliverable items. Legal title to the goods (ownership) transfers from the contractor to the government at the time of acceptance of quality, quantity, and the condition of tendered supplies. Acceptance is the act of an authorized Government agent which formally determines that the supplies submitted by a contractor satisfactorily discharge the contractor’s duty of performance under the delivery order.

All initial packing, marking and storage incidental to shipping of supplies to be provided under this contract shall be at the Contractor’s expense.

Performance/ Delivery Period:

Order

Procedures:

Orders will be competitively awarded with each BPA Contractor afforded a fair opportunity to be considered for orders in excess of $3,000. Individual orders shall not exceed the simplified acquisition threshold in accordance with FAR 13.303-5 (b). However, in accordance with FAR 16.505(b)(1), the Contracting Officer need not contact each Contractor to order a particular item under a delivery order if the Contracting Officer has information available to ensure each Contractor is provided a fair opportunity to be considered for each order.

The Contracting Officer may use information provided from the initial offer to the BPA, past or present performance under the BPA, or other information available to the Contracting Officer.

The Request for delivery order quotes will include (1) the quantity and type of supplies required, and (2) any unique quote preparation instructions.

The Government intends to give the Contractor(s) three business days to develop their quotes. The specific due date for quotes will be specified in the Request for Delivery Order Quotes.

ITEM

NO.

SCHEDULE OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

TOTAL

YEAR 1 (PERIOD OF

PERFORMANCE TO BE

DETERMINED)

All prices shall be in accordance with or discounted from GSA or commercial catalogs. Funding shall be obligated at the order level only.

n/a n/a n/a n/a

1001 YEAR 2 (PERIOD OF

PERFORMANCE TO BE

DETERMINED)

All prices shall be in accordance with or discounted from GSA or commercial catalogs. Funding shall be obligated at the order level only.

n/a n/a n/a n/a

2001 YEAR 3 (PERIOD OF PERFORMANCE

TO BE DETERMINED)

All prices shall be in accordance with or discounted from GSA or commercial catalogs. Funding shall be obligated at the order level only.

n/a n/a n/a n/a

The Contracting Officer’s award decision may be based on a determination of which Contractor provides the Government with the best value based on factors such as capacity, delivery conditions, and price or Lowest Price Technically Acceptable based on the immediate needs of DHS organizational components. The Evaluation Criteria at the delivery order level will be stated in each subsequent Request For Quote.

Funding:

This BPA does not obligate any funds nor authorize any deliveries. The Government is obligated only to the extent of funds obligated on authorized delivery orders issued under this BPA by the DHS organizational components Contracting Officers or authorized Purchase Card Orders.

The volume of purchases through this BPA will have no minimum limit. The Government is under no obligation to the BPA holder to purchase any specified quantity of products. The fixed price per unit is based on a breakdown of all costs and delivery to various CONUS locations.

Accounting and Appropriation Data:

Accounting and appropriation data will be provided at the delivery order level.

BPA Ceiling:

The BPA(s) will have an aggregate total ceiling amount of $8,000,000.00. DHS organizational Components may issue orders for up to $8,000,000.00, but not-to-exceed (NTE) this amount amongst the BPA(s).

Price Reductions:

The Contractor may offer on this BPA at any time, temporary, one-time, or intermittent price reductions of any CLIN end product stated in the BPA Pricing Table.

Location of Delivery:

Location of delivery shall be set forth in individual orders.

Delivery will be to various DHS CONUS locations throughout the United States.

Anticipated Requirements:

DHS organizational components expect to spend approximately $1.5M in dog supplies on an annual basis. DHS expects this spend to steadily increase over the next five years based on the planned growth of the canine workforce.

The Contractor shall coordinate delivery times and quantities with the requesting components of DHS. Contractor shall provide additional emergency deliveries upon request of the requesting components of DHS.

Special Requirements:

The Contractor shall attend a contract post-award conference with the BPA CO, COTR, and members of the DHS Organizational Components Program Offices in Washington D.C. The contract post award conference will cover the terms and conditions of the BPA, the partnering and working relationship, contract administration, and other administrative concerns. The contract Post-Award Conference is to-be-determined, but not later than two (2) weeks after date of contract award. The Contractor will be contacted by the Contract Specialist to coordinate the post-award conference.

SECTION V: Government Furnished Resources and Information

No portion of this requirement is predicated upon the use of government-owned equipment unless specifically defined in this document. The Government will facilitate vendor contact with government POCs.

Should a need arise; the contracted vendor will work with the DHS organizational components to establish availability and schedule for delivery of government furnished information.

SECTION VI: Contract Administration Data

BPA Contracting Officer (CO):

Hyun J Koo Phone: 202-344-3769 Email: hyun.koo@dhs.gov

BPA Contracting Officer Technical Representative (COTR):

To Be Provided Upon Award

SUB-CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (Sub-COTR)

BPA order level sub-COTRs assigned to each DHS Organizational Element will handle all issues at the order/component level. The BPA CO and COTR will handle all issues that are left unresolved.

ATTACHMENTS

Material Inspection and Receiving Report DD250 – Available on the GSA Forms web page at:

http://www.gsa.gov/Portal/gsa/ep/formsWelcome.do?pageTypeId=8199

Monthly Sales Activity Report – See attached.

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

II.2 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) ALTERNATE I

(OCT 1995)

II.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

II.4 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

II.5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)

II.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

II.7 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

II.8 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

II.9 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (OCT

2003)

II.10 52.233-3 PROTEST AFTER AWARD (AUG 1996)

II.11 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

II.12 52.243-1 CHANGES - FIXED-PRICE (AUG 1987)

II.13 52.247-34 F.O.B. DESTINATION (NOV 1991)

II.14 52.247-48 F.O.B. DESTINATION-EVIDENCE OF SHIPMENT (FEB 1999)

II.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (FEB 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate]

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41

U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note)).

[] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

(Section 1553 of Pub. L. 111-5). Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

[] (5) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

[] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (7) [Reserved]

[] (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-6.

[] (iii) Alternate II (MAR 2004) of 52.219-6.

[X] (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[X] (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)).

[] (11) (i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4).

[] (ii) Alternate I (OCT 2001) of 52.219-9.

[] (iii) Alternate II (OCT 2001) of 52.219-9.

[X] (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[] (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)

(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[] (ii) Alternate I (JUN 2003) of 52.219-23.

[] (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR

2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub.

L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004).

[X] (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

[X] (19) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

[X] (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X] (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[X] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) (38 U.S.C. 4212).

[X] (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

[] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) (38 U.S.C. 4212).

[] (26) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (28) 52.223-15, Energy Efficiency in Energy--Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (29)(i) 52.223-16, IEEE 1689 Standard for the Environmental Assessment of Personal Computer Products (DEC

2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (30) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (31)(i) 52.225-3, Buy American Act Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a–10d, 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108–77, 108–78, 108–286, 108–302, 109– 53, 109–169, 109–283, and 110–138).

[] (ii) Alternate I (JAN 2004) of 52.225-3.

[] (iii) Alternate II (JAN 2004) of 52.225-3.

[] (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (33) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (34) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007)

[] (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

[] (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[] (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C.

3332).

[] (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31

U.S.C. 3332).

[] (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[] (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

[] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option

Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and

41 U.S.C. 351, et seq).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247).

[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

II.16 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical

Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

(End of Clause)

II.17 CONTRACT TYPE (OCT 2008)

This is a BPA

[End of Clause]

II.18 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.

The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

[End of Clause]

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION III SOLICITATION PROVISIONS

III.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.arnet.gov

I FEDERAL ACQUISITION REQULATION (48 CFR CHAPTER 1) PROVISIONS

NUMBER TITLE

III.2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2008)

III.3 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

III.4 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

III.5 ADDITIONAL INSTRUCTIONS TO OFFERORS

REQUIREMENTS FOR TECHNICAL AND PRICE SUBMISSIONS

The vendor shall submit all information required by this paragraph in the following format:

PART I: Technical Submission (Limited to 20 pages) Capability Capacity Past Performance Socioeconomic Support PART II: Pricing Submission (No limit) Pricing Shipping and Handling Additional Incentives Program

The technical and price submission must address all requirements. Partial submissions may be rejected.

Capability

Capability refers to a vendor’s ability to provide reasonable catalog breadth, efficient order processing and delivery, and otherwise meet the qualification requirements addressed in the SOW. Vendors shall demonstrate their capability to meet DHS needs by providing the following information:

What dog supplies the vendor offers Where and how DHS may electronically access a copy of the vendor’s catalog that serves as the basis for the pricing submission 4 electronic copies of their current catalog described above with a sheet identifying which, if any, items are on a GSA or FSS contract GSA contract number (if applicable) A description of the vendor’s electronic systems used for order processing Shipping and delivery policy and the time required to fulfill an order Return policy If the vendor has any physical stores, the number and location of these stores The method in which the offeror intends to track and compile multiple orders from the various DHS organizational components and agencies Proposed methods of tracking and reporting of required deliverables

Capacity

Capacity refers to a vendor’s throughput – the number of customers, orders, and line items the vendor is able to process in a year for comparison to the DHS program at maximum usage. To demonstrate capacity, the vendor shall provide the following information:

the number of current customers served annually the number of orders filled annually and the average number of lines on each order the location of customers the dollar value of the average order the average order ship time

Past Performance

The vendor will submit a listing of its top ten largest commercial contracts or customers based on annual sales volume.

The following information should be provided for each contract/customer:

Name of the customer or government agency Point of contact, telephone number, and email address Period of performance Overall scope of contract Annual sales volume Types of dog supplies purchased Purchase method (e.g. purchase card, electronic invoice, etc.)

Delivery locations

The vendor shall also provide relevant past performance information regarding their GSA contract (if applicable), similar to the above.

The past performance information provided by the vendor may be verified. DHS may obtain and use past performance information from sources other than those identified by the vendor.

Socioeconomic Support

The NAICs Code is 453910, “Pet and Pet Supplies Stores” and the small business size standard is $7.0 million. Vendor shall state their size status (if a team or consortium, if it represents small businesses only). It is the policy of the Federal Government to encourage the full participation of small businesses in the procurement process. In order to maximize Small Business (SB) participation, DHS is seeking qualified small businesses, including consortiums and teams.

All large business quoters with a subcontracting plan will submit copies of their approved subcontracting plan and their latest annual subcontracting report (Standard Form 295). Any large business that does not have a subcontracting plan may submit evidence of a substantial commitment to the Government’s policy for consideration.

Price

Pricing: Vendors shall state what, if any, additional pricing discounts are quoted beyond their commercial catalog pricing and/or GSA Schedule pricing. For ease of administration, the Government desires that a single percentage discount from the catalog pricing be submitted for all items; however, vendors may submit alternate approaches as long as they are understandable and administratively practical. If the vendor has physical stores, the vendor shall specify if the discounts are available through in-store purchases, catalog purchases, or both. When proposing a single discount from its commercial catalog or GSA Schedule contract pricing, include a statement as follows in the pricing submission:

_____ % Discount from Catalog Prices _____ % Discount from GSA Schedule Contract Prices

Shipping and Handling: Vendors shall state their pricing for shipping and handling. Vendors shall specify available shipping methods (e.g. economy, standard, ground, expedited, etc.), the estimated delivery times, and the applicable rates. Vendors shall state if their rates are based on size, weight, or flat rates, and shall identify any applicable surcharges.

Additional Incentives Program: DHS expects discounts as addressed above and/or other incentives as consideration for award of a BPA. Incentives programs are used to enthuse customers and optimize their patronage. Vendors shall develop and submit to DHS their incentives program and any other additional incentives offered. Consider the DHS to be your “most favored” customer. Provide an explanation of your incentives/quantity discounts/rebate or other incentives and demonstrate how the value can be quantified for the purposes of evaluation.

III.6 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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: Technical and Price.

The Technical Factor is more important than the Price Factor

EVALUATION CRITERIA

Technical Evaluation: Vendors’ technical submissions will be evaluated by a qualified team of procurement and program personnel based on the following criteria:

Capability. Offerors must demonstrate satisfactory capability to provide the dog supplies required by DHS in a timely and efficient manner. Those failing to demonstrate capability may no longer be considered for a BPA. To limit the number of BPA awards made, DHS may give heavier weighting to suppliers that offer a broader range of dog supplies. However, DHS will also consider awarding to specialty suppliers that offer single or select dog supplies, as necessary, to ensure the needs of DHS are met.

Capacity. Offerors must demonstrate reasonable capacity meet DHS requirements in light of the size of the DHS canine program. Those failing to demonstrate sufficient capacity may no longer be considered for a BPA.

Past Performance. The past performance information will be verified as deemed necessary by DHS by contacting references and evaluated based on the relevance of the information submitted and a reasoned judgment regarding the quality of the vendor’s performance. DHS may obtain and use past performance information from sources other than those identified.

Socioeconomic Support. It is the policy of DHS to encourage the full participation of small businesses in the procurement process. Small business quoters will receive the maximum for this evaluation factor. All large business quoters with a subcontracting plan will submit copies of their approved subcontracting plan and their latest annual subcontracting report (Standard Form 295). DHS will consider their performance under the subcontracting plan and determine whether it is acceptable. Any large business that does not have a subcontracting plan may submit evidence of a substantial commitment to the Government’s policy for consideration. Large businesses that are considered to have acceptable subcontracting histories will receive a satisfactory rating on this factor.

Price Evaluation: The price factor will be evaluated based on price competitiveness and price reasonableness, as determined by any discounts, rebates, or other incentives proposed by the offeror and that can be quantified.

SELECTION AND AWARD

The BPA award(s) shall be made to that responsible offeror(s) whose offer represents the best value to the Government.

The Government shall determine the best value based on the factors described herein: Within the Technical Factor, the following sub-factors are listed in descending order of importance – capability, capacity, past performance, and socioeconomic support. The Technical Factor is more important than the Price Factor.

DHS reserves the right to discuss submissions with any or all vendors providing a technical and price submission if it is determined advantageous to DHS. However, DHS is not obligated to conduct discussions and may eliminate a vendor from consideration or award a BPA without discussions if deemed appropriate.

DHS will award the optimum number of BPAs to meet its anticipated needs consistent with small business objectives and efficiency of use. Specifically, 30 percent of the BPAs are set aside for Small Businesses. BPAs will be awarded that are judged to be most advantageous to DHS based on the factors and the assessment described herein.

A minimum or maximum number of BPAs is not established; the number of BPAs will be determined during the process of evaluation based on an iterative and integrated assessment of DHS needs, the technical factor (capability, capacity, past performance, socioeconomic support) and price. It is anticipated that not all vendors responding will be awarded a BPA.

Once technical and price factors have been evaluated and an integrated assessment made, the contracting officer will then determine how many BPAs are needed, including a reasonable factor for redundancy and peak usage requirements, to satisfy DHS requirements. This will be done through an iterative process of BPA awards to the most advantageous submissions until the contracting officer is satisfied the needs of DHS are met considering small business objectives and the objectives of economy and efficiency.

Below are the adjectival ratings that will be used during the evaluation process.

ADJECTIVAL RATINGS WITH DEFINITION

Outstanding (O): Proposal significantly exceeds requirements in a way that benefits the Government or meets requirements and contains at least one exceptional enhancing feature which benefits the government. Any weakness is minor.

Highly Satisfactory (HS): Proposal exceeds requirements in a way that benefits the government or meets requirements and contains enhancing features which benefit the Government. Any weakness is minor.

Satisfactory (S): Proposal meets requirements. Any weaknesses are minor and will have little or no impact on contract performance.

Marginal (M): Proposal contains weaknesses or minor deficiencies which could have some impact if accepted.

Unsatisfactory (U): Proposal does not comply substantially with requirements.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

III.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) 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…