N0018923R0042_NEXCOM Ships Store Supplies.docx

N0018923R0042

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 ENTITLED “INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS”

The Government will award a commercial Firm-Fixed-Price (FFP) contract with economic-price adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Products and Commercial Services, FAR Part 15, Contracting by Negotiation and FAR Subpart 16.5, Indefinite Delivery Requirement (IDR). Award will be made to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing the Lowest Price Technically Acceptable (LPTA) Source Selection process. The proposal shall be in the form prescribed by, and shall contain a response to each of the areas identified in the Addendum to FAR 52.212-1, Instructions to Offerors, of the solicitation. Therefore, the initial proposal should contain the offeror’s best terms from Technical, Subcontracting Approach and Price.

INSTRUCTIONS FOR SUBMISSIONS OF PROPOSALS:

I. GENERAL

1) Offerors shall respond to all requirements of the solicitation document. Offerors are cautioned not to alter the solicitation. Hand-carried proposals are not authorized and will not be accepted. Each page of each copy shall be affixed with the following legend:

Source Selection Information - See FAR 2.101 and 3.104

2) In the event any person who is not a bona fide employee of the offeror participated in the creation, formulation or writing of any portion of the proposal, a certificate to this effect shall be included in the proposal which shall be signed by an officer of the offeror. Such certificates shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the offeror, and the portion of the proposal in which the person participated.

3) QUESTIONS: In order to ensure that all questions submitted by potential offerors are answered prior to the solicitation closing date, questions concerning the solicitation should be submitted via email to the to the Contract Specialist, Gil Dobison at gilbert.k.dobison.civ@us.navy.mil, and the Contracting Officer, Antonio Smith, at antonio.o.smith2.civ@us.navy.mil NO LATER THAN 12:00 PM, Eastern Standard Time (EST), on 16 June 2023. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible.

4) Proposals shall be submitted via email to Gil Dobison atgilbert.k.dobison.civ@us.navy.mil and Antonio Smith, at antonio.o.smith2.civ@us.navy.mil on or before the closing date and time cited elsewhere in this solicitation. Offerors shall comply with the detailed instructions for the format and content of the proposal contained herein; proposals that do not comply may be considered unacceptable and may render the proposal ineligible for award.

II. REQUIREMENTS FOR PROPOSAL FORMAT:

(1) Introduction and Purpose: This section specifies the format that offerors shall use in this Request for Proposal (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

(2) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

· Title of the Proposal

· Volume Number (I, II, or III)

· Proposal Category (Factor)

· Request for Proposal (RFP) Number

· Name and Address of offeror, Point of Contact Information (Name, Phone Number, Email Address), Cage Code, DUNS and applicable Tax I.D. Number (TIN)

· Proposal validity period for 180 days from solicitation closing

(3) Requirements for Style: Each offeror shall submit a proposal that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFP. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired.

(4) Proposal Page Limitations:

(5)

Volume I: Factor I –Technical Acceptability

Volume III: Factor II - Price Proposal

These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the proposal may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½" x 11", with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The offeror is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, table of contents, tabs, and dividers. Pages submitted in excess of the page limitations described within will not be evaluated.

The Price Proposal is not page limited; however, the Price Proposal is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal.

III. PROPOSAL CONTENT

Volume I – Non-Price Proposal

Factor I: Technical Submission

Offerors shall provide a technical submission that demonstrates a complete understanding of and the capability to provide ALL supplies detailed in the PWS.

The offeror shall provide signed proof/verification that they have the required certification from the manufacturer to resell the brand name supplies as identified in the PWS. The proof/verification shall be in the form of any electronic documentation that proves Vendor’s ability to resell required supplies

The proof/verification shall also include the following: Company’s Name, manufacturer logo, Name and Title of manufacture signee.

Volume II – Small Business Subcontracting Approach

This volume shall address the Small Business Participation Approach and include all information required for proposal evaluation. This section shall exclude any reference to the cost/price aspects of the proposal. Each page of each copy shall be affixed with the following legend:

Volume III: Price Proposal

1. Factor II: Price

This volume shall include completed solicitation documents and additional supporting documentation described below:

· A complete and signed SF1449 (Solicitation/Contract/Order for Commercial items) and executed copy of Amendments, if applicable, completed by the offeror;

· Separate pricing spreadsheet will be attached and the pricing information shall be submitted for each year of the supplies as well as a total for all five (5) years of the ordering period.

· All supplemental information to support the proposed price.

· A completed and signed Page 1 of the solicitation and a completed and signed Page 1 of any amendments.

· Unless completed in SAM, RFP, Representations, Certifications and Other Statements of Offerors completed by the offeror.

· All price and price supporting information shall be contained in the Price proposal. No price or pricing information shall be included in any other volume including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price proposal.

· Any and all subcontractors shall be identified and priced in the submission. Subcontractors (regardless of dollar value) shall be adequately documented. Subcontractor price information may be submitted separately.

· Proposal shall be valid for 180 days from solicitation closing date.

The completion and submission of the above items will constitute a proposal and will indicate the offeror’s unconditional assent to the terms and conditions of this RFP and any attachments and/or exhibits hereto. All price and price supporting information shall be contained in the Price Proposal. No price or pricing information shall be included in any other volume, including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price proposal.

Offerors responding to this solicitation are advised that, prior to award, the Government may request offerors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price lists with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted proposal.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

In consideration for the contractor providing the supplies and services set forth in the Performance Work Statement (PWS) provided below, Naval Supply Systems Command Fleet Logistics Center Norfolk (NAVSUP FLC Norfolk) will provide the site in which the contractor will operate as listed herein. The Government does not provide funding for the logistics services or any labor associated with the procurement, shipping, and distribution of the brand name commercial items.

The contractor further acknowledges that any and all risk of loss for any contractor-owned and/or leased materials, inventory, furnishings, fixtures, equipment, and supplies is the sole responsibility of the contractor.

1. SCOPE OF WORK: This requirement is to acquire brand name commercial items intended for resale as required by Navy Exchange Service Command (NEXCOM) Ships Store Program. The NEXCOM Ships Store Program is designed to provide the stores on Navy ships with the quality of life products for sailors at sea. Under the Ships Store Program, brand name commercial items are purchased by NEXCOM and placed in the Ships Store inventory for resale to the crew. The Government requires a contractor to furnish all supplies, parts, and equipment needed to acquire and ship the items. The items shall be supplied to the following zones:

1.1. SHIPPING: Items shall be shipped to address(es) per each individual delivery order. All transportation charges for the articles to be furnished shall be paid by the contractor. Offers submitted on a basis other than F.O.B. destination shall be rejected as nonresponsive.

1.2. BRAND NAME SPECIFIED MANDATORY: Parts or components described herein by reference to a manufacturer’s name and/or part number and nomenclature shall be furnished in strict accordance with the manufacturer’s published data relating to said supplies except to the extent otherwise specified in this contract. Complete interchangeability of parts with original equipment is mandatory. The contractor warrants that the items/parts to be delivered hereunder shall be the specific manufacturer’s name and/or part number(s) and the supplier specified.

1.3. Items within the catalog proposed and incorporated at the time of award are determined to be the scope of the contract. Catalog shall be updated and/or refreshed quarterly. Items in addition to those proposed in the contractor’s original catalog incorporated at the time of award may be added for sale provided that they are within the scope defined in the PWS. Any new items, with the exception of updated versions or models of existing items, must be reviewed by the Contracting Officer prior to being added to the contractor’s catalog. Any changes will be incorporated in accordance with the Changes clause of the contract. Only items found in the contractor’s incorporated catalog shall be offered for resale; sales of non-cataloged items are unauthorized.

1.4. The commercial price list/catalog incorporated as Attachment I into the contract provides the brand name, type and size of packaging, shall remain firm for the full ordering period of this contract. No product changes or substitutions will be permitted unless completed in accordance with PWS Section 1.3.

1.4.1. If, subsequent to award, Non-conforming products are shipped in disregard of this requirement, they will be returned at the Contractor's expense, except that if a product is urgently required or return is not practical, the Government may, solely at its discretion, elect to accept non-conforming products. Payment for any non-conforming products accepted shall not exceed the unit prices as stated in this contract, and acceptance thereof shall not constitute a waiver of the requirement to supply contract specified products.

1.4.2. If, subsequent to award, the Contractor intends to discontinue commercial production of a product required under this contract, the Contractor shall be expected to stock a sufficient inventory of the product to meet all contract requirements, including the estimated quantities stated in this section. Nothing in this paragraph is intended to restrict the Government's rights under FAR clause 52.212-4(a), Contracts Terms and Conditions--Commercial Items.

2. PRICING: The contractor shall provide supply items as specified in orders placed in accordance with the ordering provisions within this contract. The established fixed unit prices incorporated at the time of award shall be the basis for the future pricing. The term “established prices” means prices that are established manufacturer’s price list/catalog or market prices for commercial items sold in substantial quantities to the general public.

2.1. In order to ensure the NEXCOM Ships Store Program can meet customer demand for new items, in their submissions the Contractor may include a valid manufacturer’s price list/catalog and the “catalog” information requested above for items not listed in the Contractor’s current catalog pricing sheets incorporated by reference in this contract.

2.2. When a product’s unit price is increased or decreased, price changes to the contractor’s catalog will be addressed in accordance with FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies and Section

2.3. The Contractor shall submit a Microsoft Office compatible (Excel) electronic “catalog” that includes data in the same format as their initial catalog pricing sheets incorporated by reference in the basic contract for proposed changes in unit prices no more than once a month. Any proposed price changes or product additions shall be highlighted in yellow to clearly identify the proposed changes and additions. Product deletions shall be highlighted in red to clearly identify anticipated products for removal.

2.4. The Contracting Officer’s Representative (COR) will determine if each item is appropriate for resale by the Ships Store Program under this contract and if the offered price is less than or equal to the item price shown in a valid manufacturer’s price list/catalog. If the price meets these criteria, the Contracting Officer will add each item and its associated unit prices to Contractor’s catalog pricing sheets incorporated by Attachment I via contract modification.

A product's unit price in effect on the contract award date shall be the "original contract unit price" for that product. Notwithstanding anything to the contrary herein, the aggregate of the increases in a product's unit price shall not exceed 10% of that product's original contract unit price. A product's unit price in effect as of the date of the exercise of any option under this contract shall remain in effect during the duration of that ordering period, unless changed in accordance with Sections 2.2-2.4 of this PWS.

2.5 The Contractor shall provide the basis for the price increase or decrease in its written notification. The Contractor shall provide all documentation supporting the price change for each item, including, but not limited to, updated versions of the incorporated catalogs showing each items new price.

2.6 QUARTERLY REPORTS: Quarterly Usage Reports (Attachment II) shall be provided no later than 30 days after the end of each quarter. The due dates are as follows:

30 December 2023 30 March 2024 30 June 2024 30 September 2024 30 December 2024 30 March 2025 30 June 2025 30 September 2025 30 December 2025 30 March 2026 30 June 2026 30 September 2026 30 December 2026 30 March 2027 30 June 2027 30 September 2027 30 December 2027 30 March 2028

3. PROHIBITED PACKING MATERIALS: The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

4. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows:

1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or part number when neither NSN or FSN are available.

2. Noun nomenclature cited on contract or order.

3. Quantity and unit of issue.

4. Contract, or order number.

5. From:

6. To: (See delivery address on page 1 or in Section F)

(iii) Markings may be applied by any means which provide legibility.

(iv) Additional markings required are stated below.

Delivery of Supplies

FFP

FP-EPA

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Pricing Spreadsheet. Ordering Period: 01 September 2023 through 31 August 2028.

FOB: Destination

PURCHASE REQUEST NUMBER: TEMPNEXWEBCOFOLLOWONFY23

PSC CD: 8925

NET AMT

FFP

FP-EPA

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Pricing Spreadsheet. Ordering Period FAR 52.217-8: 01 September 2028 through 31 March 2029.

FOB: Destination

PSC CD: 8925

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2028

31-MAR-2029

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government will award a commercial Firm-Fixed-Price (FFP) contract with economic-price adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Products and Commercial Services, FAR Part 15, Contracting by Negotiation and FAR Subpart 16.5, Indefinite-Delivery Contracts. Award will be made to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate proposals: Technical and Price. The Government will utilize a Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15 and FAR Subpart 16.5.

The Government intends to award a contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each offeror should submit its most favorable terms from a technical and price standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined by the PCO to be necessary. The Government reserves the right to award a firm fixed price award to other than the lowest priced offeror; award a firm, fixed-priced contract without discussions; or award a firm, fixed-priced contract after discussions, whichever is in the best interest of the Government.

The Government will conduct a Lowest Price Technically Acceptable (LPTA) source selection. To determine LPTA, the Government will place all proposals in order of lowest total price to highest total price. Award will be made to the lowest priced proposal found to be Acceptable with respect to Technical and Price. The selection of a proposal for award will be conducted in two phases:

Phase I will consist of the evaluation of Factor I – Technical. If the offeror receives a rating of “Acceptable” for Factor I – Technical, the offeror will proceed to Phase II of the evaluation (i.e., evaluation of Factor II – Price). If the offeror receives a rating of “Unacceptable” for Factor I – Technical, the offeror will be considered un-awardable and will not be further evaluated. Thereafter, the next lowest total price proposal will be evaluated for acceptability in accordance with the evaluation criteria established in the solicitation. The evaluation process will continue (in order of price from lowest to highest) until a proposal is evaluated to have an overall Factor I: Technical rated “Acceptable”.

Proposals will be evaluated for acceptability. Selection of a vendor for award will be based on two parts, as follows:

· Technical Acceptability (Acceptable/Unacceptable)

· Price

In order to be considered awardable, proposals must receive an overall rating of ‘Acceptable’ for the non-price proposal.

Non-Price Proposal Evaluation Criteria:

The Non-Price proposal is comprised of the following Factors: Factor I – Technical Acceptability

Factor I - Technical Acceptability

An acceptable proposal must be able to demonstrate that it possesses the required certification from the manufacturer to resell the brand name supplies as identified in the PWS. If it does not successfully demonstrate that it has the certification, it is ineligible for award.

Factor I will be evaluated based on Acceptable or Unacceptable basis IAW Table 1 below.

Table 1 –Technical Acceptable/Unacceptable Ratings Table Technical Ratings

NOTE: A rating of “Unacceptable” for Factor I means that the offeror’s proposal is not awardable and is not susceptible to correction without what would be tantamount to the submission of an entirely new proposal.

Factor II – Small Business Subcontracting Approach

Small Business Subcontracting Plan (for other-than-small businesses only). This is NOT an evaluation factor. The Small Business Subcontracting Plan requirement is mandatory for award to a large business. Each large business offeror’s Small Business Subcontracting Plan will be reviewed in accordance with FAR clause 52.219-9 Alt II (Deviation), Small Business Subcontracting Plan. The plan will be reviewed for acceptability. The apparently successful offeror shall negotiate an acceptable subcontracting plan with the contracting officer prior to award. Failure to negotiate an acceptable subcontracting plan will make the offeror ineligible for award. Negotiation of the small business subcontracting plan is not considered discussions and will only occur with the apparent successful offeror. The plan will be incorporated into any resultant contract(s).

Price Proposal Evaluation Criteria:

The Price proposal is comprised of Factor III – Price.

Factor III – Price:

The Government will evaluate price proposals in accordance with FAR 15.404, Proposal Analysis. The Government will combine all CLINs’ prices in determining the price of the proposal. The Government may evaluate any and all information submitted by the offeror to support the reasonableness of the prices proposed. The method of price evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

Evaluation of Options

The option at FAR clause 52.217-8 will be evaluated pursuant to solicitation provision FAR 52.217-5, Evaluation of Options. The Government will evaluate proposals for award purposes by adding the total price for the option to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option price is significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option.

Written Notice

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

"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).

"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;

(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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"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.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b).