17Q1444_Softgoods.pdf
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- Soft Goods Federal contract opportunity
- Solicitation number
- M6700117Q1444
- Issued by
- United States Marine Corps
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SEE ADDENDUM
(No Collect Calls)
M6700117Q1444 13-Sep-2017
b. TELEPHONE NUMBER
910-451-3094
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 22 Sep 2017
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
M670019. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MARGARET A. VELEZ
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
MMP20017SS00040
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
M67001MARINE CORPS FIELD CONTRACTING SYS
ATTN: MARGARET VELEZ
PO BOX 8368
CAMP LEJEUNE NC 28547
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE MMP200 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
BASE PROPERTY SMD
RONNIE PARKER
BLDG'S FC525 AND BB270
CAMP LEJEUNE NC 28542
TEL: 910-450-7394 FAX:
910-451-2332FAX:
TEL: 910-451-3094
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
314120
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF41
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
M6700117Q1444
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 148 Each Area Rug
FFP
Brand name or equal to:
Manufacturere: Shaw Carpet
Carpet Style: Glow - 5A020
Width: 6" to 7"
Length: 9" to 10"
Broadloom cut pile, tip shear, or cut/loop
Heavy traffic classification - 0.184 to 0.20 finished pile thickness
Heavy duty 30 to 35 oz tufted yarn weight (Type 6 or 6,6 nylon)
100% solution dyed
Primary backing: polypropylene
Secondary backing: high performance enriched polymer laminated to woven secondary backing (Ultraloc or similar backing) with sewn slip resistant backing
Bounded on 4 sides in min 1" W to max 2"W stain-resistant binding (displayed on carpet face) with mitered corners, binding color shall coordinate with carpet
Coordinated color threading (nylon 6 or 6,6) will be used to secure binding to the carpet with min of 10 stitches per inch
Colors/Pattern: To be determined at Pre-Installation Meeting
Antistatic protective treatments
CRI Green Label Plus compliant
Manufacturers warranty must be specified
Provide recyclable content information
FOB: Destination
MILSTRIP: MMP20017SS00040
PURCHASE REQUEST NUMBER: MMP20017SS00040
NET AMT
0002 74 Each Drapery with Hardware
FFP
Brand name or equal to:
Maharam Adjourn or Sidestep (with attachable blackout liner)
Ripple fold-style drapery system with 80% fullness
Approx 48"w x 60"H
Draperies shall be machine washable fabric with either a de-attachable or integral
(sewn) machine washable, FR blackout liner.
Blackout liner shall not interfere with acceptable draping of ripple fold-style and associated hardware
Washing instruction tab shall be stitched in upper right corner, side-facing toward the BEQ room
Drapery system: wall-mounted only, outside-window hardware, one-way draw, heavy-duty fiberglass baton draw.
Hardware shall consist of heavy duty aluminum rods with snap system for attaching carriers to system.
Pull away nickel plated brass snaps, corrosion, rust resistant, and snap tape sewn into top of hem panels
Drapery stack shall not block natural light from window and shall extend a min of
2" to 3" past window on both sides
Side hems to be 1" double turned folds, bottom hems to be 3" to 4" double folded, including a .25 oz. corner square lead weight for effective draping and appearance
(need for additional weights shall be determined based on fabric drape).
All hems to be blind stitched using compatible color thread (Mono filament thread is not acceptable).
Standard finished length to be 12" below window sill if BEQ bed is not located on the drapery wall and 2" below window sill if BEQ bed is to be located on the drapery wall
Dimensions (for finished drapery): sizes may vary up to from 40"W x 48"L due to the different style of barracks and windows within the buildings.
Therefore, installer shall field measure the building(s) for the appropriate size and determine Left or Right draw prior to ordering draperies
Color: To be determined at Pre-Installation Meeting
All fabric shall be constructed of 100% inherently flame retardant material (or meet NFPA 701 test method) and Green Guard certified for indoor quality -
Manufacturers warranty must be specified, expected useful life 7 years or longer
FOB: Destination
0003 148 Each Fleece Blanket
FFP
Brand name or similar to:
Valley Forge Fabric Ships Ahoy! 2, Double Sided Vertical Stripe Fleece Blanket for Twin XL, double-sided fleece
Comforter/ Blanket
Width: 66 in to 68 in
Length: 90 in to 92 in
Shall be inherently flame retardant (meeting NFPA 260 standards).
Material weight no less than 4.1 oz per square yard per each side and at least 87%
Post-Consumer Recycled Polyester, 13% Virgin Polyester
Machine Washable (washable to 160F, tumble dry to 140F)
Shall be patterned such that each side is a different but coordinated medium to dark colors
Internal framing component, knife edge finish, Monofilament polyester thread to match comforter/blanket with minimum 10 stitches per inch, single stitched
Color(s)/design to be determined at Pre-Installation Meeting
Fabric and fabrication shall be made in the U.S., blanket shall comply with the
Berry Amendment
Material samples/swatches shall be forwarded at time of proposal submission
Manufacturers warranty must be specified
FOB: Destination
0004 1 Each Freight
FFP
Freight
FOB: Destination
0005 1 Each Installation
FFP
Installation
FOB: Destination
STATEMENT OF WORK
1. BACKGROUND
This is an acquisition of FC525 BEQ Soft Goods and associated delivery/installation services. Items listed in the Purchase Request shall be delivered and installed in the above designated building. Building has (3) floors, (2) exterior stairways located on each end of the building, and (1) interior stairway located center of building. All stairways connect each floor and lead to exterior cat-walks. There are NO elevators/lifts.
Currently, building is UNOCCUPIED. If building is to be OCCUPIED prior to/or during the installation of the items, a Base Property representative will provide notice to Contracting Office and the contractor shall conduct installation in such a manner to prevent displacement of occupants. The contractor will be required to deliver and install the items as well as remove and dispose of all packaging and installation debris.
2. SCOPE OF WORK
2.1 REQUIREMENT
Contractor shall provide the Soft Goods as indicated in schedule and 2.2.3.
Installation. Contractor shall perform per all specifications and contract requirements.
2.2 CONTRACTOR SPECIFICATIONS
Contractor Shall:
2.2.1 Arrange Pre-Installation meeting(s) with a Base Property (Government) representative within (3) business days of contractor award. Purpose of this meeting is to coordinate both conduct of and delivery/installation schedules to include finalizing colors, fabrics, and patterns IAW the contract. All material samples, Green Guard Certifications, care instructions, and warranties will be provided during this meeting.Base Property Government
Points of Contact will be released post award.
OPERATING HOURS: Normal operating hours are 7:30 AM EST – 4:00 PM EST, Monday through Friday. Closed on weekends and federal holidays.
2.2.2 DELIVERY
Delivery shall be coordinated with Base Property (Government) representative.
REQUEST DELIVERY NOTIFICATION A MINIMUM OF ONE WEEK PRIOR TO
DELIVERY/INSTALLATION. The successful offer or shall provide a Project
Manager to be on site throughout the entire project. The Project Manager shall have authority to represent the company to coordinate all services and issues through the Contracting and Base Property Offices. All work will be conducted during the normal operating hours listed above.
Deliver all Soft Goods directly to the required building at time of installation. Forklift(s) and temporary storage trailers/ storage vehicles may be set up in vicinity of buildings, with locations as directed by the government representative. Cost of forklift and storage trailers/vehicle to include properly locking is the full responsibility of the contractor. NO
GOVERNMENT-OWNED FORKLIFTS, WAREHOUSING, OR STORAGE FACILITIES WILL BE
PROVIDED.
2.2.3 Installation
Installation of Soft Goods shall be coordinated with Base Property
(Government) representative and IAW floor plans (provided at Pre-Installation
Meeting if not received by Contract Award date). Building is (3) floors, ground-load following to total (74) rooms:
(2) Comforters per room (total (148))
(1) Area Rug per room (total (74))
(1) Drapes with Hardware per room (total (74))
Hallways, door frames, and individual rooms shall be protected with some form of padding. Items needed to be installed and set-up as functional. Notify a
Base Property Representative if any items are found damaged/inoperable; they must be replaced.
Any deviations or modifications will need to be brought to the attention of the Operations Branch Head, Supply Management Division and may only be approved by the Contracting Officer via a signed modification on a Standard
Form 30 (SF30).
2.2.4 REMOVAL
Contractor is responsible for removal of all packing materials and debris from delivery and installation to include drill dust and foot traffic (e.g.
dirt, sand, mud, grass, water).
Contractor will clean-up/remove from all Soft goods all plastics, tape, card board packaging, zip ties, Styrofoam, etc.
Once a week (maximum), debris may be taken to the Materials Recycling
Facility (MRF)/Landfill located on Piney Green Road (materials must be sorted as cardboard, plastic, and wood). Driver must have a copy of the contract and placard provided by Base Property to enter the site.
2.2.6 FACILITY DAMAGE
Contractor shall be responsible for all damages to buildings or surrounding areas (including lawns) when moving or installing soft goods. Damages shall be repaired by contractor at contractor’s expense before final invoicing.
2.2.7 PARKING/CONTAINERS
Contractor must provide any containers if storage is necessary. Contractor shall be responsible for ensuring all storage containers maintained on the job site are locked. Parking of equipment and vehicles will be in designated areas or in authorized parking lots (normally not on the grass or lawn).
Contractor shall provide all necessary material handling equipment and tools required to support this requirement to include non-marking, rubber-wheeled hand trucks, dollies, and carts. Contractor shall be responsible for securing all material handling equipment. The Government will not be liable for any stolen or damaged property that is left unsecured by the Contractor.
3.0 BASE ACCESS
CONTRACTOR'S UNAUTHORIZED WORK PERFORMANCE. The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the CONTRACT ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.
3.1 In order to gain access to Marine Corps Air Station(MCAS)Beaufort and
Laurel Bay Housing Area non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the
National Crime Information Center (NCIC) Interstate Identification Index
(III) is the installation’s minimum background check for access to MCAS
Beaufort and Laurel Bay Housing Area to include entrance of visitors.
3.2 MCAS Beaufort and Laurel Bay Housing Area apply the following non-Federal
Government cardholder criteria to determine the authorized type of access control credentials:
a. Contractors: RAPIDGate or 30-Day Pass followed by 4-
DayPass*
b. Sub-Contractors: RAPIDGate or 30-Day Pass followed by 4-Day
Pass*
c. Vendors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*
d. Suppliers: RAPIDGate or 30-Day Pass followed by
4-Day Pass*
e. Service Providers: RAPIDGate or 30-Day Pass followed by 4-Day
f. Delivery Personnel: RAPIDGate or 30-Day Pass followed by 4-Day
g. Public-Private Venture (PPV) Housing and Installation Volunteers:
Local Population Credential will be produced by the Security Manager Office.
(The following are examples of Installation Volunteers: (Red Cross, Community College Instructors and Students, Family Readiness Volunteers, Wounded Warrior Volunteers, Commissary Baggers and any other organization approved by the Commanding Officer, MCAS Beaufort).
3.3 Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from RAPIDGate enrollment.
3.4 Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a 4-Day pass* or enroll in the
RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs.
For further information concerning contractor access, please contact the
Security Manager
Office at 843-228-7090. For information concerning enrolling in RAPIDGate please visit their website at www.rapidgate.com.
NOTE: The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.
* Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 45 dys. ADC 148 BASE PROPERTY SMD
RONNIE PARKER
BLDG'S FC525 AND BB270
CAMP LEJEUNE NC 28542
910-450-7394
FOB: Destination
MMP200
0002 45 dys. ADC 74 (SAME AS PREVIOUS LOCATION)
0003 45 dys. ADC 148 (SAME AS PREVIOUS LOCATION)
0004 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0005 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements--
Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreeements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017
52.211-6 Brand Name or Equal AUG 1999
52.211-17 Delivery of Excess Quantities SEP 1989
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.247-34 F.O.B. Destination NOV 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.213-7000 Notice to Prospective Suppliers on Use of Past Performance
Information Retrieval System--Statistical Reporting in Past
Performance Evaluations
JUN 2015
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Dec 2016)
DEC 2016
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) Tailored
(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:
LOWEST PRICE TECHNICALLY ACCEPTABLE
THIS IS A BRAND NAME OR EQUAL PROCUREMENT.
The proposed acquisition is for a 100% small business set-aside for NAICS code 314120, Curtain and Linen
Mills and the small business size standard is 750 employees.
System for Award Management: Offerors must be registered in the System for Award Management (SAM) database. Information on registering in SAM may be obtained by calling (866) 606-8220 or via the internet at http://www.sam.gov. The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition.
Wide Area Work Flow (WAWF) Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT): As a condition of receipt of a resulting order, the Contractor agrees to implement the Department of Defense web-based application WAWF iRAPT for invoicing and payment. Information on registering may be obtained from https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml.
The Government intends to award a single firm-fixed price contract on an “all or none” basis for all items. The
Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. This acquisition will be conducted in accordance with FAR
Part 12, Acquisition of Commercial Items and FAR 13, Simplified Acquisition Procedures
BASIS OF AWARD: Lowest Price Technically Acceptable (LPTA) will be evaluated based on: (1) price; (2) technical capability of the item offered to meet the Government requirement; and (3) delivery of 30 OCT 2017
Technical acceptability will be based on the demonstrated ability to meet the technical requirements as stated in the contract line items (CLINs) of the solicitation. A mere statement that the vendor “will meet the Government’s requirements” is insufficient; the vendor must demonstrate how it will meet the requirement.
TECHNICAL ACCEPTABILITY: To ensure technical acceptability, vendor quotes shall include the following information:
a. Item Information: Descriptive literature outlining the specifications of the items quoted to include drawings. The manufacturer’s name and manufacturer’s complete part numbers of all items quoted shall be submitted in the quote.
b. Price: The price quote must reflect unit prices, extended amounts per line item, and overall total.
(Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government).
c. Delivery Information:
Clearly state if the quoter can meet the required delivery/ period of performance as stated in each line item.
Quoters who cannot meet the required delivery date/r period of performance will not be considered technically acceptable.
PREPARATION OF QUOTE: Quotes submitted shall include the following:
(a) Technical Quote to include quoted delivery date and/or period of performance.
(b) Price Quote
(c) Completed FAR provision 52.212-3. The offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certification electronically via the
System for Award Management (SAM) website accessed through https://www.sam.gov. If the offeror has not completed the annual representations and certification electronically, the offeror shall complete only paragraphs (c) through (r) of this provision.
(d) Provide the following: CAGE Code and DUNS Number.
SUBMISSION OF QUOTES: Quotes related to this RFQ shall be received by the Contracting Department within the date and time specified in Block 8 on the first page of this solicitation, to be considered for award. The information submitted shall be clear and legible.
Quotes may be submitted via email (no larger than 2MB) to margaret.velez@usmc.mil ; (PREFERRED
METHOD) or via hand delivery/courier to Contracting Department, Bldg. 1116, Camp Lejeune, NC 28542. It is solely the Contractor’s responsibility to ensure proposals are received within the required timeframe.
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 (JAN 2017)
ALTERNATE I (OCT 2014)
mailto:margaret.velez@usmc.mil
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“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.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and
Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational
Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“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.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the
FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
http://www.osha.gov/dcsp/osp/approved_state_plans.html
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned 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 its stock 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 the stock of which is owned by one or more women; and
(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.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal
Register advising the public of the termination of the injunction.
(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 SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (u) 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 electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the
United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
https://www.acquisition.gov/
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone 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--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts
60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of
“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”
“component,” “domestic end product,” “end…
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