52.212-1.doc

Logistics Services –Solicitation LGL07R00005

52.212-1 -- Instructions to Offerors -- Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors -- Commercial Items (Nov 2007)

Tailored in accordance with FAR 12.302(d); tailored language indicated in bold lettering

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(l) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

“Addendum to 52.212-1 -change paragraph (b) to read:

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(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationary, or as otherwise specified in the solicitation. The proposal must include concise, complete responses that ate clearly cross referenced or indexed with the solicitation. The Government, at its discretion, may incorporate all or portions of an offeror’s proposal into the resultant contract. Each volume of the proposal shall contain a table of contents which shall identify major subparagraphs by volume, paragraph number, and title. If the offeror is requested to submit proposal revisions during or after discussions (if applicable), any changed pages shall be a different color than the original proposal pages and shall have changed information clearly marked by a vertical line in the right margin of the page. The date of the revision and revision number shall be reflected on each changed page on the lower right hand corner. Six copies of the following volumes shall be submitted:

(i) Service Plan The detailed service plan shall include, but is not limited to, the following Subfactor- The offeror’s methodology and approach for managing and performing the requirements specified in the PBSOW in sufficient detail to allow for determining offerors capabilities to perform services

(ii) Quality Control Plan The Quality Control Plan shall include all aspects of the required services with respect to quality assurance. The quality control plan must address inspection procedures and corrective processes. The plan shall include, but is not limited to, the following: provide an adequate inspection system that covers all PBSOW services to be inspected and cross reference the inspection system to the PBSOW; inspection procedures to include a method for identifying deficiencies in the quality of services performed and the corrective action processes in place to prevent performance reaching unsatisfactory as defined by Attachment 2; specific surveillance techniques identified for each requirement identified in the Performance Requirements Summary (PRS) (Attach 2); the specific duties and responsibilities, qualifications, and extent of authority for the Quality Control Manager; identify any other personnel to be assigned as Quality Control Inspectors, if applicable providing qualifications as well; procedures for written and verbal communication to Government regarding performance of the contract; for example: communicating with instructors/mechanics on what vehicles they are requesting; QA reporting; corrective action reporting and Key Control Plan

(iii) Safety Plan The safety plan must address how the offeror’s safety program complies in strict conformance with all Federal, State, local, and all applicable provision of 29 CFR. The plan shall include, but is not limited to, the following: organization, methodology, employee injuries, motor vehicle safety, Bloodborne pathogens, hazardous noise, heat stress, UV protection, hazardous communications (include all provisions/codes addressed in 29 CFR 1910), duties and responsibilities of safety representative.

(iv) Environmental Management Plan The environmental management plan shall describe in detail how the offeror intends to comply with all requirements governing the handling of hazardous waste. The plan shall include, but is not limited to, the following: compliance with all EPA Hazardous Waste Regulations and Georgia Environmental Protection Division (GA EPD) regulations for all non-hazardous and hazardous waste management, disposition, and disposal and compliance with requirements identified in the PBSOW and Technical Exhibit 11.

(v) Management and Administration Structure Offerors shall clearly describe the offeror’s general management and administration structure including, but not limited to, the following: lines of authority, supervision, and accountability of overall management, administration, and supervision to perform this service; management, control, and distribution of personnel, such as (i) the potential sources of personnel and how these employees will be provided in a timely fashion; (ii) the procedures that will ensure that personnel are available for work; and (iii) identify the number of contract personnel by labor category to include managers on a detailed organizational chart; management and control of facilities, equipment, and any Government property; Phase-In Plan to include time schedule for all key events and responsibilities; identify all corporate management personnel and any other personnel committed to assist in the phase-in process; Phase-Out Plan detailing outgoing contractor key events and responsibilities and record keeping and reporting

(vi) Key Management Personnel Qualifications - Key personnel are defined as the Project Manager, Alternate Project Manager and Quality Control Representative.

Offerors shall identify the education, experience, and qualifications of all key personnel proposed for supporting the requirements of this solicitation. Offerors shall address the corporate resources and their plans to provide qualified personnel during the term of this contract. Key issues to address shall include the following as a minimum: identification of and resumes for all key personnel to include any individuals with administrative responsibilities that are directly relevant to performance of these services; available corporate personnel resources and a Letter of Intent is required for any Key Personnel proposed.

(vii) Risk Identify any risks associated with the offeror’s approach and actions to be taken to mitigate that risk.

(viii) Contingency Plan The contingency plan shall describe the offeror’s procedures for meeting contract requirements under natural disasters, hurricanes, labor disputes/strikes, sudden buildup of students and/or government personnel, and shutdown for any reason. The plan shall include, but is not limited to, the following: minimum staffing requirements and designated staff positions remaining onsite until evacuation; replacement/supplemental staff to meet emergency requirements; safeguarding contractor personnel who remain until evacuation time; maintaining supply lines or obtaining emergency supplies; continuing essential services in the event of disruption of utilities and/or water supply; and procedures for rescheduling postponed services.

(ix) Commercial Drivers License (CDL)- Provide a list of all prospective employees along with proof of their licenses. All employees except clerical employees shall have a commercial driver’s license with HAZMAT Endorsement.

(x) Property Control Plan In the Property Control Plan identify how all government provided property shall be managed and controlled in accordance with the Government Property Clause, 52.245-1 Government Property June 2007, listed in the solicitation.

(1) SF 1449. Complete the “Signature of the Offeror/Contractor” part of the Standard Form 1449 in Block 30a. An authorized official of the firm must sign the Standard Form 1449

(2) Price Schedule SF 1449 Continuation pages 2-5. Price information must be entered on pages 2-6. Do not include any “proprietary” statements on these pages.

CLINs X001, X002, and X004 are firm fixed price amounts for services described in the Performance-Based Statement of Work.

CLIN X003 reflects labor hour requirements for various services; the quantities provided for each requirement are estimated quantities and are not guaranteed.

(1) The offeror may present a Past Performance Information introduction limited to two pages. The offeror must fully describe Teaming Arrangements or other partnering arrangement; the description must provide an outline of the level of effort provided by each respective team partner.

(2) The offeror will provide the following Past Performance Information for their effort and the efforts of any organization designated in the teaming/partnering arrangement.

A.

Contract Reference List- The offeror must provide references for all relevant contracts performed in the last three years. The references shall be listed in order from present to oldest. The pertinent information required is contract Point Of Contact (POC) information, period of performance, description, location, agency, and problems encountered during performance, Contract Discrepancy Reports (CDRs), and any other information deemed important. Also include any risks inherent in the requirement and mitigation used.

B.

Awards- The offeror may provide a description of any quality awards or certifications received during the past three years that indicate that the offeror, partner, and/or subcontractor possesses the necessary skills to perform the services required. Identify what segment of the company received the award/certification and what date the award/certification was received.

C.

Past Performance Questionnaires: Distribute Past Performance Questionnaires to references of relevant contracts awarded within the last three years which have at least a six months of contract performance period. Past Performance Questionnaires must be received by Procurement from references no later than the offer submission date; offerors must exert their best efforts to ensure that at least two questionnaires are submitted for evaluation. Contracts may include those entered into with Federal, State, and Local Governments as well as commercial customers. For those efforts where the offeror is aware of adverse past performance information previously provided by references, the offeror may provide a one page narrative which explains the offerors ability to isolate the root causes of the relevant problems and corrective actions taken. Demonstrated corrective actions and the overall work record will be considered as well as documented performance trends.

NOTE: The receipt of past performance information is subject to FAR 52.212-1(f)(1), Late submissions, modifications, revisions, and withdrawals of offers.

As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) Terms of any express warranty;

(5) Price and any discount terms;

(6) “Remit to” address, if different than mailing address;

(7) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3 for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of all Solicitation Amendments in accordance with the Standard Form 30 block 11;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

“Addendum to 52.212-1 -change paragraph (c) to read:

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(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

“Addendum to 52.212-1 -change paragraph (e) to read:

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. If multiple offers are submitted, the offeror must provide an Executive Summary which outlines the rationale utilized to develop each offer and the respective benefits expected to be derived. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

“Addendum to 52.212-1 -change paragraph (g) to read:

(g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. It is the Government’s intention to award a contract to the offeror that provides the best value to the government considering technical, past performance and price evaluation factors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST ( http://assist.daps.dla.mil ).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(iii) ASSISTdocs.com ( http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

“Addendum to 52.212-1 -change paragraph (l) to read:

add changed paragraph here”

(1) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price of the successful and debriefed offeror and technical and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)