RFQ Organizational Climate.pdf

Commercial Item 1

REQUEST FOR QUOTATION

FOR COMMERCIAL ITEMS

R.F.Q. # MG1193021 ISSUE DATE: August 13, 2009

FOR: NIEHS Organizational Climate Survey and Morale Project

Issued By: Melissa Gentry, Contracting Officer email: gentry1@niehs.nih.gov Telephone: (919) 316-4625

Fax: (919) 541-5117

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

OFFICE OF ACQUISITIONS

HAND/OVERNIGHT DELIVERY MAIL DELIVERY

NIEHS - Attn: Melissa Gentry NIEHS – Attn: Melissa Gentry Keystone Office Bldg. , Rm. 1046 OM/OA (MD K1-04) 530 Davis Drive P.O. Box 12874 Durham, NC 27713 Research Triangle Park, NC 27709

ISSUED AS A SMALL BUSINESS SET-ASIDE

QUOTATION DUE NO LATER THAN 4:00 p.m., August 24, 2009

SUBMITTED BY: (Company Name, Address and Telephone Number)

Phone No.

FAX No.

E-mail

Signature ______________________________ Date ___________________

Name (Type or Print)_____________________

Request for Quotation Commercial Items/ July, 2009, FAC Number 2005-35

Commercial Item 2

COMPLETE THE FOLLOWING INFORMATION PERTINENT TO THIS RFQ

1. Central Contractor Registration (CCR). The Federal Government is requiring every company and individual conducting business with the Federal Government to be registered in the CCR database prior to award of contracts, purchase orders, basic agreements, basic ordering agreements, and blanket purchase agreements. Contractors/vendors with existing contracts, purchase orders, basic agreements, basic ordering agreements, or blanket purchase agreements must register in the CCR database.

Before the Office of Acquisitions at NIEHS will issue new purchase orders or contracts for services or supplies the contractor(s) will need to be contained within the database. If the contractor is not in the database they will be instructed to go to the website at http://www.ccr.gov and complete the registration process.

2. Data Universal Numbering System (DUNS) Number. The offeror shall enter the “DUNS” or “DUNS+4” number on the line below 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 for the same parent concern. If the offeror does not have a “DUNS” number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1- 866-705-5711 or via the internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number.

DUNS Number _______________________________

Tax ID/Employer Identification Number _______________________________

GSA Contract Number (if applicable) _______________________________

Price is valid until (date) _______________________________

Payment Terms _______________________________

VENDOR REMITTANCE ADDRESS

(If different from mailing address):

http://www.ccr.gov/� http://www.dnb.com/�

Commercial Item 3

THE FOLLOWING IS APPLICABLE TO THIS PROCUREMENT.

(1) The North American Industry Classification System (NAICS) code for this acquisition is

541611.

(2) The small business size standard is 7M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

Commercial Item 4

SUPPLIES AND PRICES

Furnish and deliver, as required by the National Institute of Environmental Health Sciences, at the following fixed price(s) for NIEHS Organizational Climate Survey and Morale Project

Estimated Unit Extended Items Quantities Unit Price Price

1. Phase I – Survey Design 1 ea ______ ________

2. Phase II – Survey Administration 1 ea. ______ ________

3. Phase III – Survey Results 1 ea. ______ ________

4. Phase IV – Develop Action Plan 1 ea. ______ ________

5. Phase V – Implement Action Plan 1 ea. ______ ________

6. Phase IV – Re-administer Survey 1 ea. ______ ________

TOTAL ________

Commercial Item 5

BASIS FOR AWARD

1. The Government intends to award an order resulting from this solicitation to the responsible offeror whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

2. Award will be made based on price and other factors (best value).

****Technical factors are significantly more important than price.

Commercial Item 6

TECHNICAL EVALUATION CRITERIA

Award will be made in the aggregate to the responsive and responsible offeror fully meeting the mandatory qualification criteria listed below.

Offerors must submit information to evaluate their offers based on the criteria listed. Failure to provide the information required to evaluate the offer may result in rejection of that offer without future consideration.

The qualification criteria establishes conditions that must be met in order for your offer to be considered. The criteria below are listed in order of relative importance.

EVALUATION CRITERIA

The evaluation criteria are used by the evaluation committee when reviewing the proposals. The proposal will receive paramount consideration with weights assigned for evaluation purposes.

The evaluation will be based on the demonstrated capabilities of the contractor in relation to the needs of the project as set forth in the RFP. The offeror must submit information sufficient to evaluate their proposal based on the detailed criteria listed below. (1000 Points total)

1. Personnel – (125 Points)

The offeror’s professional staff shall include a licensed psychologist with at least a PhD in psychology, or a related field; shall have expertise in executive coaching and leadership development and should have expertise in cognitive and thought process, with the ability to conduct seminars, and speak at large scale events. The offeror shall document familiarity with NIEHS research. The offeror’s key personnel must have the ability to meet in person with NIEHS senior leadership committee, and focus groups. The offeror shall provide a list of names and records of experience for all proposed personnel who are considered key to this project. Resumes shall clearly show education, and major duties and responsibilities.

2. Phase l – Survey Design (325 Points)

The offeror shall demonstrate strategies for developing a survey instrument that implement the goals and objectives forth in the SOW and including but not limited to the following:

improving communication; strengthening leadership; garnering greater trust; creating greater opportunities for employee participation. The offeror will work with senior NIEHS leadership to develop a marketing plan to announce the survey. The survey mechanism shall strive for 90% NIEHS staff participation. The offeror shall present a sample survey design, including developing timelines to complete the tasks stated in each Phase, including but not limited to timelines for survey planning, implementation, and resurvey.

Commercial Item 7

3. Phase ll – Survey Administration (150 Points)

The offeror shall document expertise in the following: survey design; knowledge of the use of the English language; the ability to write in a clear and grammatically correct manner; quality control approaches; approaches for coordination of multiple tasks; and software expertise. The offeror shall present a sample survey, with website demonstration capability for easy use in a web interface. Offerors will be contacted for a date and time to present a website demonstration. The sample survey shall include knowledge of confidential language (a nondisclosure agreement) and be anonymous (e.g. no personally identifiable information is collected and no internet address is logged). **Please note, the government will not be responsible for travel costs to the NIEHS for website demonstrations.

4. Phase lll – Survey Results (225 Points)

After the specified period of time for completion of the survey, the offeror will, within time frames set forth by the contract, analyze the results of the survey data as specified in the survey design finalized by the senior leadership committee and the offeror. The offeror will supply a sample of the comprehensive report, and this sample comprehensive report document must include interpretation of results of a sample survey and identification of underlying trends using industry wide standard analytical methods. The sample document must be presented in a clearly and concisely, using grammatically correct English in a format that will interface with Microsoft Word.

5. Phase lV – Develop Action Plan (100 Points)

The offeror will work with the NIEHS senior leadership committee, and provide guidance to develop an action plan to address survey results. The offeror must provide a sample action plan which demonstrates the offeror’s ability to understand and implement survey results within established timelines, including but are not limited to the following: matrices for measuring communication and additional opportunities for participation; assessing leadership strengths by suggesting and reviewing related training and course work, and encouraging greater trust by transparency in communication with a no reprisal policy. The offeror must have the ability to meet with leadership in person as necessary to review results and develop action plans.

6. Phase V– Implement Action Plan (75 Points)

The offeror will oversee the implementation of the action plan and provide guidance to the NIEHS senior leadership committee during this phase of the contract. The offeror must implement an action plan which demonstrates the offeror’s ability to understand and implement survey results within established timelines, including but not limited to the following: a plan that provides matrices for measuring communication and additional opportunities for participation; that assesses leadership strengths by suggesting and reviewing

Commercial Item 8 related training and course work, and that encourages greater trust by transparency in communication with a no reprisal policy. The offeror must have the ability to meet with leadership in person as necessary to implement action plans.

Commercial Item 9

DELIVERY

Delivery shall be "FOB Destination" within the Consignee's premises to the NIEHS at the following location:

NIEHS

111 T.W. ALEXANDER DRIVE

RESEARCH TRIANGLE PARK, NC 27709

Quoter (as a result of any subsequent contract), is to provide services to the site, and is required to notify the Project Officer of his exact delivery schedule prior to delivery. The term "FOB" Destination Within the Consignee's Premises" means delivered free of expense to the Government, Reference FAR Clause 52.247-35, entitled "FOB Destination, Within Consignee's Premises" (April, 1984), which is incorporated herein by reference with the same force and effect as if given in full text.

Upon request, the Contracting Officer will make the full text available.

Prior to delivery, the Project Officer will designate the specific campus and room in which services shall be performed.

Services required within _____ days after receipt of contract.(TBD)

Commercial Item 10

1. Non-Personal Services and Inherently Government Functions

OTHER INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Project Officer to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor.

If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

Pursuant to FAR 7.5, the Contractor shall not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall insure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

2. NEW EQUIPMENT

New equipment and/or supplies shall be furnished by the Contractor. No used, surplused, or reconditioned equipment or supplies shall be furnished.

3.

Offerors that include in their proposal data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

RESTRICTION ON DISCLOSURE AND USE OF DATA

a. Mark the title page with the following legend: "This proposal includes data that shall

Commercial Item 11 not be disclosed outside the Government and shall not be duplicated, used, or disclosed- in whole or in part- for any purpose other than to evaluate this proposal. If, however, a contract is award to this offeror as a result of- or in connection with- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets (inserts numbers or other identification of sheets); and

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

4. NEEDLE EXCHANGE

The Contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

(P.L. 111-8, Division F, Title V, Section 505)

5. PRESS RELEASES

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

(P.L. 111-8, Division F, Title V, Section 506)

6. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS- TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is:

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, D.C. 20026 mailto:Htips@os.dhhs.gov�

Commercial Item 12

7. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

The Contractor shall not use contract funds to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act, which reads as follows:

“(3) Definition of unauthorized alien.-As used in this section, the term ‘unauthorized alien’ means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General.”

(P.O. 111-8, Division F, Title V, Section 519)

8. ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS.

Applicable to all solicitations and contracts which will develop, purchase, maintain, or use electronic and Information Technology (EIT) unless these EIT products and/or services are incidental to the project.

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794D), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Provisions (36 CFR part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any Federal department or agency permit:

1. Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by Federal employees who are not individuals with disabilities; and

2. Members of the public with disabilities seeking information or services from a Federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.

Accordingly, any vendor submitting a proposal/quotations/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility provisions. Information about Section 508 provisions is available at http://www.section508.gov/ .

The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/provisions.htm .

The Section 508 standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government's evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, offerors must prepare an HHS Section 508 Product Assessment Template, in http://www.section508.gov/� http://www.access-board.gov/sec508/provisions.htm� http://www.access-board.gov/sec508/provisions.htm� http://www.access-board.gov/sec508/provisions.htm�

Commercial Item 13 accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 standard.

Instructions for preparing the HHS Section 508 Product Assessment Template may be found at http://508.hhs.gov .

Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 standards conformance, as well as for documenting EIT products and/or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products and/or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government - i.e., after award of a contract/order, that products and/or services delivered do not conform to the described accessibility in the Product Assessment Template, remediation of the products and/or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor at its expenses.

9. HHSAR 352.270-10, Anti-Lobbying (January 2006)

Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for

(i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

http://508.hhs.gov/�

Commercial Item 14

10. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.

11. Contractor Employee Security Requirements and Access Badges

(a) A background investigation will be required for all contractor employees working onsite. The contractor shall request the background investigation for employees through the Project Officer. The investigation includes figure printing, which is done at the NIEHS Security Office B114B onsite and processing through the NIH police. Applicants will be required to provide identification on two occasions, to the Project Officer/Sponsor and to security when the Applicant goes to security to be issued a badge. Identification must be in original form and come from the list provided on the I-9 document:

Employment Eligibility Verification. We will require the Applicant to provide two forms of identification, one of which must be a federal or state issued photo ID. An NIH access badge will be issued to the contractor employee in one to three days (typically, the badge is issued immediately).

(b) Each employee under this contract shall wear a name badge, easily readable, prominently displayed, which shall include the person’s name and the contractor’s name. Each Contract employee shall follow the all NIEHS polices while on Institute property

12. Responsible Officials

1. Contracting Officer Authority for Changes

The Contracting Officer is designated on the contract face page. Only the Contracting Officer has the authority to approve any deviations from the specifications and terms of this contract. Undertakings and/or agreements relative to this contract must be taken up in writing with the Contracting Officer, and Matters handled otherwise will not be recognized as binding upon the government. The contractor shall accept no instructions which deviate from the contract if issued by any person other than the Contracting Officer.

2. Project Officer/Contracting Officer’s Technical Representative (PO/COTR)

Commercial Item 15

a) (To be completed at time of award) is hereby designated as the PO/COTR for this contract.

b) Alternate PO/COTR: The name of the Project Officer's alternate is (To be completed at time of award) . The Alternate PO/COTR has the same authority as the PO/COTR, and may exercise that authority at the discretion of the Government, to the extent described below. All references to the PO/COTR throughout this contract shall be construed as applying equally to the Alternate.

c) The Government may unilaterally change its PO/COTR and/or Alternate designations.

d) The PO/COTR will be responsible for coordinating with the contractor in administering the technical aspects of the contract. The PO/COTR is not authorized to make any changes which affect the contract amount, terms, or conditions. Such changes shall be only by action of the Contracting Officer.

Services performed under this contract shall be subject to inspection and approval by the PO/COTR at any time.

e) The PO/COTR is specifically responsible for:

1) Monitoring the contractor's technical progress, including the surveillance and assessment of performance;

2) Recommending to the Contracting Officer changes in requirements;

3) Advising the Contracting Officer of technical interpretations;

4) Performing technical evaluations as needed;

5) Performing technical inspections and acceptances required by this contract;

6) Consulting with the contractor relative to the resolution of technical problems encountered during performance;

7) Providing technical information to the contractor (at the option of the

Government) which assists in the interpretation of drawings, specifications, or technical portions of the work description;

8) Reviewing and approving or disapproving technical reports, drawings, specifications, technical information, etc. when the contract provides that such items will be delivered by the contractor to the Government under the contract.

Commercial Item 16

f) The PO/COTR cannot authorize or direct any work or actions outside the express terms and conditions of the contract. For guidance to the contractor to be valid, it must:

1) Be consistent with the description of work set forth in this contract;

2) Not constitute new assignments of work;

3) Not constitute any change to the expressed terms, conditions, or specifications incorporated into this contract;

4) Not constitute a basis for an extension to the period of performance or contract delivery schedule;

5) Not constitute a change as defined in the contract clause entitled “Changes";

6) Not constitute a basis for any increase or decrease in the contract price, or any extension or other change to the contract delivery schedules or performance periods.

g) Contractor's Responsibility with Regard to Interaction with the PO/COTR, Alternate, or other Individuals.

Note: The following procedures shall be applicable to directions provided during the term of this contract with the exception of directions provided by Government personnel in emergency situations. Emergency situations shall be deemed to include only those unanticipated emergency conditions which impose a threat to the safety of individuals or have the potential for significant damage to Government property if not immediately corrected. In other words, this clause shall be applied to instructions which could be temporarily postponed and do not require immediate reaction by the contractor to insure the protection of life and/or property from extensive harm.

If, in the opinion of the contractor, any instructions, interpretations, directions, or other actions of the PO/COTR, or Alternate, or any other individual create a condition or conditions described in item f)1) through 6) above, or will create situations during the term of the contract which will fall within one of the categories defined in item f)1) through 6) above, the contractor shall not proceed. The contractor shall immediately notify the Contracting Officer verbally, if possible, of its concerns in this regard. The verbal notification shall be followed by a written notification to the Contracting Officer documenting the information or actions taken by the PO/COTR, Alternate, or other individual, and the basis for the contractor's opinion that those actions, instructions, directions, or interpretations will impact on the contract terms and conditions. The written notice shall be due within five (5) working days

Commercial Item 17 after the receipt of the PO/COTR's actions which stimulated the concern. The Contracting Officer will gather available information, and will determine whether or not the input actually constitutes a change or other condition prohibited by Section f)1) through 6) above. If it is determined that a change or other prohibited condition will occur, the Contracting Officer will so notify the contractor, and either negotiate and award a formal supplemental agreement, issue a change order, or cancel the directions. If the action by the PO/COTR is not determined by the Contracting Officer to be a "change" to the existing contract's terms and conditions, the Contracting Officer will so notify the contractor of this decision and the reasons therefore, and the contractor would be expected to immediately comply. The contractor would retain the rights provided under the "Changes" clause of this contract in the event that proper actions, as described above, are taken to notify the Contracting Officer and obtain Contracting Officer approval before proceeding with directions from any individual that are deemed to be questionable under Section f)1) through 6) above.

13. Period of Performance

The period of performance is two years from date of award, on or about September 15, 2009

– September 14, 2011.

Commercial Item 18

PROVISIONS

1. 52.212-1 Instructions to Offerors—Commercial Items (JUNE 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— http://www.arnet.gov/far/current/html/FormsStandard68.html#wp1186059� http://www.arnet.gov/far/current/html/FormsStandard68.html#wp1186059� http://www.arnet.gov/far/current/html/52_212_213.html#wp1179194� http://www.arnet.gov/far/current/html/52_212_213.html#wp1179194� http://www.arnet.gov/far/current/html/FormsStandard68.html#wp1186059�

Commercial Item 19

(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.

Commercial Item 20

(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.

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Commercial Item 21

(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)

2. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (JUL 2009)

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

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

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

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process 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 conducting the business can demonstrate—

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

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Commercial Item 22

(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 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.

(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 (n) 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.

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Commercial Item 23

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 o is, o 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…