M0026311T0061 ELECTRICAL HVAC SOLICITATION.doc

Section SF 1449 - CONTINUATION SHEET

Dollars, U.S.

NON STOCK AND PRE-EXPENDED ITEMS

FFP

NON STOCK AND PRE-EXPENDED ELECTRICAL AND HVAC(HEATING, VENTILATION, AIR CONDITIONING) ITEMS FOR FACILITIES MAINTENANCE.

DISCOUNT __________% OFF NON STOCKED ITEMS

BASE YEAR PERIOD OF PERFORMANCE:

01 AUGUST 2011 THRU 31 JULY 2012

FOB: Destination

NET AMT

Dollars, U.S.

FFP

NON STOCK AND PRE-EXPENDED ELECTRICAL AND HVAC(HEATING, VENTILATION, AIR CONDITIONING) ITEMS FOR FACILITIES MAINTENANCE.

DISCOUNT __________% OFF NON STOCKED ITEMS

OPTION YEAR 1 PERIOD OF PERFORMANCE:

01 AUGUST 2012 THRU 31 JULY 2013

NET AMT

Dollars, U.S.

FFP

NON STOCK AND PRE-EXPENDED ELECTRICAL AND HVAC(HEATING, VENTILATION, AIR CONDITIONING) ITEMS FOR FACILITIES MAINTENANCE.

DISCOUNT __________% OFF NON STOCKED ITEMS

OPTION YEAR 2 PERIOD OF PERFORMANCE:

01 AUGUST 2013 THRU 31 JULY 2014

NET AMT

Dollars, U.S.

FFP

NON STOCK AND PRE-EXPENDED ELECTRICAL AND HVAC(HEATING, VENTILATION, AIR CONDITIONING) ITEMS FOR FACILITIES MAINTENANCE.

DISCOUNT __________% OFF NON STOCKED ITEMS

OPTION YEAR 3 PERIOD OF PERFORMANCE:

01 AUGUST 2014 THRU 31 JULY 2015

NET AMT

Dollars, U.S.

FFP

NON STOCK AND PRE-EXPENDED ELECTRICAL AND HVAC(HEATING, VENTILATION, AIR CONDITIONING) ITEMS FOR FACILITIES MAINTENANCE.

DISCOUNT __________% OFF NON STOCKED ITEMS

OPTION YEAR 4 PERIOD OF PERFORMANCE:

01 AUGUST 2015 THRU 31 JULY 2016

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2012

ROBERT CLAXTON

BLDG# 864

PARRIS ISLAND SC 29905

843-228-3057

M00263

31-JUL-2013

M00263

30-JUN-2014

M00263

31-JUL-2015

M00263

31-JUL-2016

M00263

SECTION B - SUPPLIES

Section B - Supplies or Services and Prices

GENERAL INTENTION

1) GENERAL INTENTION. Marine Corps Recruit Depot, Regional Contracting Office, Parris Island, South Carolina is issuing a Request for Quote (RFQ) M00263-10-T-0061 for the acquisition of electrical and hvac(heating, ventilation and air conditioning) items to be maintained in pre-expended bins (PEB) located at building 864 and for the purchase of other similar items not kept as inventory at the Marine Corps Recruit Depot, Parris Island, South Carolina. The estimated annual dollar amount to be spent on pre-expended electrical and hvac items for Facilities Maintenance is $50,000.00.

2) PROCUREMENT APPROACH. This requirement is being supported utilizing FAR Part 12.6, and Subparts 13.5, and 16.504. It is the Government’s intent to issue a single Indefinite Delivery Requirements Contract for a base period of 12 months and four (4) one-year option periods, as follows:

Base Period 01 August 2011 thru 31 July 2012

Option 1 01 August 2012 thru 31 July 2013

Option 2 01 August 2013 thru 31 July 2014

Option 3 01 August 2014 thru 31 July 2015

Option 4 01 August 2015 thru 31 July 2016

Note: The periods of performance are anticipated start and end dates. The actual start and end dates shall be from date of the award through 12 months.

3) BASIS 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, price and other factors considered. The following factors shall be used to evaluate offers:

(I) Technical capability of the items offered to meet the Government requirement;

(II) Price;

(III) Past Performance;

4) TYPE OF CONTRACT. The Government will issue an Indefinite Delivery Requirements Contract in accordance with FAR Part 16.504 procedures. The actual items to be maintained in stock are listed in Attachment 1. The annual usage quantities listed in Attachment 1 are estimates only, based on good faith calculation of historical data. The Government is not committing to purchasing the total estimated amounts, nor is it limiting itself to those amounts. Attachment 2 contains items that are not kept on hand at Facilities Maintenance. This list is just a small list of similar items that Facilities Maintenance has ordered in the recent past. The contractor shall also provide pricing for these items.

5) SCHEDULE OF ITEMS. Contractors shall submit the following for this solicitation: 1) The Government has provided a list of items as Attachment 1 to be maintained in the pre-expended bins (PEB) located in building 864 at USMC Parris Island. Note: The brand name items in this Attachment are “Brand Name” and can not be substituted. High and low inventory levels and estimated annual quantities used are included in this spreadsheet. The contractor shall submit pricing for not only the base year but also for all four option years. The contractor shall submit Firm Fixed Prices (FFP) for all items listed in Attachment 1. This includes submitting both unit prices for each year and total pricing for each year as indicated in the Attachment 1 spreadsheet. The total prices reflect unit pricing x the estimated annual quantities submitted by the Government. Prices submitted in Attachment 1 are firm fixed prices and shall remain for the life of the contract. As a result, the contractor shall submit his/her pricing accordingly. The vendor is bound to give the Government, at a minimim, the price quoted for the items listed in Attachment 1. (Note: Contractor shall have the option to offer lowest prices during contract performance but not higher than pricing stated in the contract.) Pricing must also be submitted for items listed in Attachment 2 which are non stocked items that have been purchased recently. Pricing for these items will be used as part of the price evaluation along with those submitted in Attachement 1.

2) The contractor shall submit a percentage discount for all non stocked items. Non stocked items are items not listed in Attachment 1 of this solicitation. These items are listed in Attachment 2 as provided. These are all other items listed in the contractors catalog or website that would be available to the Government. The discount submitted shall be the minimum discount offered to the Government for all non stocked items listed in his/her catalog or website. A percentage discount shall be submitted for each year (base year and four option years). The amount of the discount offered shall remain the same throughout the year for all items. This discount shall be submitted as a fill in under each contract line item number located in the solicitation. 3) The contractor shall submit either a catalog or a website which contains an inventory of products they can provide the Government. If a website is submitted, the Government’s end user shall have full access to the website.

6) FOB DESTINATION. The Government requires all items be priced F.O.B. Destination. Therefore, if there are any delivery charges they must be included in the vendors quote as part of the unit price of each item affected.

7) NOTE: The awardee shall comply with all Wide Area Work Flow (WAWF) requirements for payments.

ATTACHMENTS

NUMBER TITLE # OF PAGES

1 LIST OF REGULARLY STOCKED ITEMS 4

WITH PRICING FILL-IN

2 LIST OF NON STOCKED ITEMS WITH

PRICING FILL-IN 1

3 JUSTIFICATION AND APPROVAL, BRAND NAME 2

4 BASE ACCESS FORMS 3

5 DEPOT ORDER 5512 2

6 DETERMINATION FOR THE PURCHASE OF A

NONDOMESTIC ITEM 1

STATEMENT OF WORK

STATEMENT OF WORK

A Requirements Contract with Firm Fixed Prices (FFP) will be issued for a contractor to provide non stock items and stocked items kept on hand as inventory in the Pre-Expended Bins (PEBs) at the Facilities and Maintenance Division, Building 864, Marine Corps Recruit Depot, Parris Island, SC. The Pre-expended bins contain electrical and hvac (heating, ventilation, air conditioning) items. A list of PEB items (with high and low inventory levels and estimated annual quantities used) ) is provided in Attachment 1. The estimated annual usage quantities are estimates only. The Government is not obligated to purchase these amounts nor is it limited to these items. The Government has the right to order any item that is similar to the items on the list. Items on the attached list which are specific to a brand (Attachment 3 Justification and Approval) must be Brand Name to the manufacturer and part number and cannot be substituted. There is a waiver for the purchase of nondomestic items, specifically light bulbs (compact fluorescent lamps CFL). Market research has determined that these items are manufactured in countries that are not on the qualifying country lists. Attachment 2 contains items that have been purchased in the recent past that are not kept in any inventory. The contractor is to submit pricing for these items. These prices will also be used in price evaluation. All parts must be of industrial grade and of good quality. The Government reserves the right to add and delete items listed as PEBs should items become obsolete. Offerors are advised that the Government intends to evaluate offers and award on an “all or none basis”. The contract will be issued for a base year and four option periods. The base year of performance will begin 01 August 2011 thru 31 July 2012. Each of the four option periods shall be for a period of 12 consecutive months following the base year. The right to exercise each option is the sole right of the Government and in accordance with 52.217-9. . The contractor shall provide a firm fixed price for the base year of the contract and each option year. Note: The periods of performance are anticipated start and end dates. The actual start and end dates shall be from the date of the award through 12 months.

Within five (5) business days after contract award, the Contractor and Government shall conduct an inventory of the existing items in the pre-expended bins. The Contractor shall ensure that all bins contain a quantity that is within the high and low inventory levels as indicated in Attachment 1. The Contractor shall also ensure that inventory levels are maintained in accordance with the attached list for the life of the contract. The frequency of inventories conducted and deliveries made for stocking of the bins will be at least at a minimum once every week. Any more than once per week is at the discretion of the Contractor provided there is a funded delivery order for which to purchase items and correct inventory levels are maintained. If the Government notices the bins are below the specified low level limits, the Contractor shall respond within 24 hours after notification.

Regarding non stock items, the contractor shall provide the Government, as a minimum, the discount he submits for each line item (period of performance). The Government will provide the awarded contractor the opportunity to provide a price for similar items in this requirements contract. If the contractor can not deliver the product within the Governments require delivery schedule or if the price is not considered to be competitive with other vendors who can provide the same product then the Government reserves the right to purchase these products from other sources.

The Contractor shall submit a summary invoice for the exact quantities of items stocked to the Ordering Officer prior to submitting an invoice electronically via Wide Area WorkFlow in accordance with clause 52.232-9650 which is included in this contract. At a minimum, invoices shall be submitted monthly.

EVALUATION OF OFFERS

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:

(I) Technical capability of the items offered to meet the Government requirement;

(II) Price;

(III) Past Performance;

The contractor shall meet the requirements as detailed in the statement of work. Price evaluations will be based upon information listed in Attachment 1 and Attachment 2. NOTE: The brand names associated with part descriptions/numbers in this attachment are “Brand Name” and can not be substituted (see Justification and Approval, Attachment 3).

ADDITIONAL INSTRUCTIONS

ADDITIONAL INSTRUCTIONS, CONDITIONS AND NOTICES TO VENDORS

1) NOTE: The terms “solicitation” and “offer” are used throughout this document, including in the clauses and provisions incorporated by reference. When encountered, those terms have the same force and effect that the term “quote” incurs. The term “offeror(s)” is also used throughout and shall have the same meaning as the term “vendor.” This document is a Request for Quotes and as such, does not create an obligation on the part of the vendor simply by Government acceptance. Both parties must sign a final contract document to create a binding contract per FAR 13.004.

2) Vendors must sign the solicitation (SF 1449) on block 30a and return with quote.

3) ADDRESSES FOR SUBMISSION OF QUOTES. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 12:00 P.M. (EST) on 24 June 2011 as indicated on page one (1) of this solicitation, block 6. Failure of vendor’s quote to be received prior to the hour and date specified will result in rejection of the quote.

a) Quotes submitted via the U.S. Postal Service shall be mailed to the following address:

Regional Contracting Office

Attn: Timothy Walling

BLDG 159, MCRD/ERR

P.O. Box 5069

Parris Island, SC 29905

b) Quotes submitted by courier (FedEx, UPS, etc.) shall be addressed for delivery to the following physical location:

Regional Contracting Office

Attn: Timothy Walling

BLDG 159, MCRD/ERR

Parris Island, SC 29905

c) Electronic submission of the written quote is authorized (see email addresses in paragraph e). The written submission must arrive by the stated deadline in order for a quote to be considered complete and to be evaluated. Failure of any portion of the quote to arrive by the stated deadline will result in rejection of the entire quote.

d) RFQ Number M00263-10-T-0061 should be clearly marked on the outside of your quote.

e) Government Points of Contact:

Timothy A. Walling timothy.walling@usmc.mil 843-228-3813 Office

843-228-4344 Fax

John Westmoreland john.westmoreland@usmc.mil 843-228-2188 Office

843-228-4344 Fax

4) Quote Submission

a. All quote submissions shall include the following information:

i. Schedule of Items listed in Section B Supplies or Services and Prices

Note(2): All Pricing submitted shall be valid for 60 days from quote submission. Contract periods are Base year, 1st Option Year, 2nd Option Year, 3rd Option Year, and 4th Option Year as included in the solicitation.

ii. Completed Line Items 0001-4001 (pages 3-5 of RFQ).

iii. Signed solicitation (SF 1449) with Vendor name, Point of Contact, Cage code and Duns code.

iv. Past Performance References: Vendors shall submit three (3) past performance references containing the information requested below as part of the quotation. The references shall be relevant contracts completed within the past three (3) years similar in technical scope, complexity and dollar value to this requirement.

Vendors should include the following information for each reference listed:

(a) Name of company;

(b) Point of contact;

(c) Current telephone number and e-mail address (if available) for point of contact;

(d) Total contract value;

(e) Period of performance; and

(f) Brief description of contract and relevance to this requirement.

If a vendor has no relevant past performance history, a vendor must affirmatively state that it possesses no relevant past performance history. Vendors will be evaluated neither favorably nor unfavorably on past performance in the event that there is no relevant past performance history available.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(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(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of 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 East 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) 697-2667/2179, 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 all 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 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://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(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 the 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 the 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)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(I) Technical capability of the items offered to meet the Government requirement;

(II) Price;

(III) Past performance;

Technical and past performance, when combined, are equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2011)

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 (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern.