N3943024Q005000001.pdf

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BLANKET PURCHASE AGREEMENT FOR TRAINING SERVICES
Solicitation number
N3943024Q0050
Issued by

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This document is an amendment to a solicitation for a Blanket Purchase Agreement (BPA) to provide training services to the Naval Facilities Engineering and Expeditionary Warfare Center (NAVFAC EXWC) Mobile Utilities Support Equipment (MUSE) Division located at Naval Base Ventura County in Port Hueneme, California.

The key details are: The purpose of this amendment is to remove excessive clauses and add clarifying language to the Statement of Work. The BPA will have a 5-year term and the vendor will be required to provide training on a variety of topics including equipment inspection, maintenance, testing, safety, and other electrical systems knowledge to MUSE technicians. Class sizes should accommodate 8-12 technicians. Trainers must have a minimum of 5 years of related work experience and relevant certifications. The government may partially set aside specific training topics for small businesses if adequate competition exists. Pricing will be evaluated on the total firm-fixed price proposed. The solicitation is being competed under multiple awards with no estimated quantity of BPAs specified.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to remove excessive clauses in addition is to add clarifying language into the statement of w ork.

1. CONTRACT ID CODE PAGE OF PAGES

1 19

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Apr-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3943024Q0050

X 9B. DATED (SEE ITEM 11)

02-Apr-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Apr-2024

CODE

NAVFAC EXWC

CODE ACQ / NAVAL BASE VENTURA COUNTY

1100 23RD AVE BLDG 1100

PORT HUENEME CA 93043-4301

N39430 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

megan.e.ault.civ@us.navy.milEMAIL:8059823993TEL:

MEGAN E. AULT / CONTRACTS

N3943024Q0050

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been added by full text:

STATEMENT OF WORK

NAVFAC EXWC MOBILE UTILITIES SUPPORT EQUIPMENT (MUSE) DIVISION

BLANKET PURCHASE AGREEMENT FOR TRAINING SERVICES

1) General: This is a Training Services Blanket Purchase Agreement to provide relevant training to military members aboard The Naval Facilities Engineering and Expeditionary Warfare Center (NAVFAC EXWC) Mobile Utilities Support Equipment (MUSE) Division, Naval Base Ventura County, Port Hueneme, CA. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government. Vendors will have availability to provide training once quarterly at a minimum.

2) Background: The MUSE Program provides specialized, easily transportable utility platforms and subject matter expertise for temporary support of shore based power systems.

MUSE includes electric power plants, substations, and electrical switchgear to meet emergency and unforeseen utility requirements. MUSE equipment is designed to achieve maximum land, air, and sea transportability, and to maximize standardization and interchangeability of equipment, components, parts, and technological upgrades. MUSE’s mission is to ensure energy security and independence for worldwide Navy and Department of Defense critical infrastructures through reliable, responsive, and effective equipment and technical expertise. MUSE is governed by OPNAVINST 11300.5D and is required to provide specialized, easily transportable utility equipment for temporary support of shore utilities systems.

3) Objectives: MUSE has a recurring requirement for training services to maintain and increase the Subject Matter Expert knowledge of the MUSE technicians. Knowledge includes, but is not limited to, power plants, substations, electrical equipment testing, and equipment and personnel safety.

4) Scope of Work: Services are required to provide training to MUSE technicians located at

Port Hueneme, CA or onsite at vendor location based on cost differential. The length of the contract is five years (60 months). Class sizes should be able to accommodate a minimum of 8-12 MUSE Technicians. Graduation of course will result in certification. The contractor shall be responsible for and provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, labor, and other items and non-personal services necessary to perform training and related services as defined in this Performance Work Statement, except for those items specified as Government Furnished Property or

Services. The contractor shall perform to the standards of this agreement and provide management oversight to meet performance, cost, and schedule objectives in accomplishing all work related to each training order. A non-exhaustive list of training topics is provided below.

a) General Topics 1.Equipment Inspection 2.Equipment Preventative Maintenance 3.Upgrade, modernization, and modification of software 4.Advanced Electrical Testing 5.Uninterruptible Power System Training

6. Protective Relay Training 7.Electrical Safety

i. General Safety should at minimum include electrical hazards (shock, arc flash, arc blast), approach boundaries, personnel protection, lock out tag out, NFPA 70E, NEC, Grounding and Bonding.

ii. Safety Standards will be covered as related civilian application not EM 385-1-1 standard.

8.Grounding and Bonding

9. Oil Sampling

10. Generators

11. Substations

12. Transformers

13. Nationally recognized electrical codes and publications

14. Leadership

15. Project Management Professional

b) InterNational Electrical Testing Association

5) Place of Performance:

a) Naval Facilities Engineering and Expeditionary Warfare Center (EXWC) Public

Works Department, Mobile Utilities Support Equipment (MUSE) Division Bldg.

1360, Lehman Road Port Hueneme, CA 93043 Attn: Equipment Readiness Branch Director Telephone: (805) 982-3525 or 982-5323

b) Training solely offered at vendor location is acceptable.

c) Instructor led online training is acceptable.

6) Class Size: The vendor shall be fully capable of instructing courses onsite, at location, or online with this requirement. Class size will not exceed 12 participants unless otherwise agreed upon by the Government.

7) Course Material: The vendor shall be responsible for providing all course materials. In-person courses must be in hard copy format, virtual course material may be in electronic downloadable format, for both in-person and virtual courses the course material shall be in electronic downloadable format available to all students. MUSE reserves the right to approve or deny the use of electronic material. The vendor shall also be responsible for bearing any costs associated with the reproduction and distribution of student materials.

Shipment of hard copy materials to the training site should occur at least five (5) business days (CONUS) to the scheduled class convening date. Upon request, the vendor shall be prepared to provide tracking information for each shipment of course materials. If approved electronic material is provided it must be stand-alone copies such as a licensed download.

a) Course materials shall demonstrate sound comprehensive professional quality beyond simplified workbooks and PowerPoint presentations.

b) Course materiaL to be dictated and provided by trainer based on topic. Current inventory of material provided by previous single order courses.

c) Examples of training material are NFPA70E, NFPA70B, NETA Standard MTS, NETA Standard ATS.

d) OEM does provide some training material for operating equipment only.

8) Equipment: The vendor shall coordinate with the MUSE to ensure that proper cables and adapters will be available to connect the vendor laptop to the display. However, since MUSE may not have every adapter for every situation, the vendor is responsible to provide their own cables and adapters to ensure their instructors can successfully connect to the classroom display. Possible connections to displays include (but are not limited to) HDMI, DisplayPort, DVI, and VGA.

For ease of communication, the vendor shall use the same or compatible computer software version as the government. MUSE primarily uses Microsoft Office products.

The vendor is responsible for providing the instructor with his or her own laptop and hotspot for internet connectivity, if needed. Vendors are not allowed to require any nondisclosure agreements for materials or exercises from participants during the training period.

MUSE will provide access to traditional training classrooms for delivery of courses.

MUSE will also provide flipcharts and supplies necessary to instruct the class.

Coordination for access to the facility will be facilitated between the contracted trainer and MUSE. The COR for the contract will provide arrangements for the hands-on need of electrical equipment.

9) Course Delivery: Specific course topics will be identified on each BPA call. The vendor shall confirm requested training/services can be provided within ten (10) business days’ notice of the need for the training/service. Specific dates, courses, and suggested locations will be provided following award of the anticipated contract. The vendor must be capable of delivering multiple topics, separately lead at different geographically located sites at one time. These courses may be the same class titles. Training is to be provided by contractor and therefore, curriculum is governed by the contractor. Topics requested for training provide general guidelines and information. Proposals should list course, individual course cost, and yearly availability. For example, NFPA70E training is over the months of January-March. Cost is $XX for XX students. All topics desired location for training is onsite aboard NBVC Port Hueneme CA.

• Each topic will be delivered as a single course.

• Courses will be ordered on an as needed basis with frequency occurring 1 to 2 courses per quarter.

• Courses should not be delivered in a modular style sequence, the completion of which results in a certification

10) Cancellation & Rescheduling Policy: The government may cancel a class within ten

(10) business days from the scheduled convening date without incurring any costs associated with the course. The agency will not be liable for cost incurred due to cancellations caused by, natural disaster, national emergency or unforeseen government related closure/ shutdown. In the event that an unforeseen cancellation would occur, the agency shall make every effort to communicate with the vendor as soon as possible to minimize the burden to the vendor. In the event of cancellation, postponement, or rescheduling of a learning event or other vendor-led effort under this contract, the vendor shall make every effort to minimize the costs to the government of the cancellation, postponement or rescheduling. The government will recognize and pay all reasonable costs associated with such cancellation, postponement, or rescheduling as provided by the applicable contract clause. However, the vendor must take immediate action, after being informed of a cancellation, postponement or rescheduling of a class, to eliminate or minimize the costs associated with cancellation, postponement, or rescheduling. Nothing in this paragraph should be construed by the vendor, and interpreted by the vendor in such a way as to hamper management of this contract.

11) Evaluations: Upon completion of each course, the vendor will provide each student with a course evaluation.

12) Deliverables:

a) Completion Certificates: The vendor, at his or her own expense, shall provide each participant with a certificate of completion within two (2) weeks of the course completion date. Where possible, an electronic version of the completion certificate (Adobe Acrobat®) shall be delivered via e-mail utilizing the address specifically listed by each participant on the class roster. When this method of distribution is not practical, the completion certificate shall be mailed to the respective classroom site manager through use of common ground carrier (U.S.

Postal Service, ET). The certificates must display the participant’s name, course title, and the training date.

b) Class Rosters: The vendor shall be responsible for distributing class rosters to enable students to formally document their attendance. The vendor will be responsible for furnishing the completed rosters to MUSE site classroom.

c) Electronic Invoicing and WAWF:

• Invoices shall be submitted per the instructions stated on the individual order.

Receiving/Acceptance system at https://wawf.eb.mil/ (reference clause 252.232- 7003).

• The vendor shall submit invoices no later than ten (10) business days upon completion of a course in accordance with the instructions provided on the individual order. Invoices shall contain a description of the course taught, the location of the delivered course and the date completed.

13) Quality Assurance Surveillance Plan (QASP): The Government shall evaluate the vendor’s performance under this contract in accordance with the QASP. This plan is primarily focused on what MUSE must do to ensure that the vendor has performed in accordance with the performance standards.

14) Vendor Personnel: The vendor shall provide a primary point‐of‐contact (POC) to coordinate with MUSE as necessary to resolve any issues that may arise associated with the delivery of training.

Instructor Qualifications:

• Must have 5 years of related work experience.

• Qualification must be related to topic being trained on.

• Examples of acceptable certifications related to topics: NETA Level 2, NETA Level

3, NETA Level 4, NICET Level II, NICET Level III, NICET IV, Commercial Energy Inspector 77, Commercial Electrical Inspector E2, PMP, Certified Facility Manger, LEED AP Operations and Maintenance

• Teaming arrangements are acceptable

15) Schedule: Training services will be expected to occur during regular working hours, i.e., Monday through Friday, 0730-1600, with federal holidays observed.

a) The Government/vendor may mutually agree to cancel or reschedule a course offering due to unforeseen natural catastrophic events (i.e., floods; earthquake;

national emergencies) that prevent normal course delivery and/or participant travel/attendance.

b) Recognized Holidays: The vendor will not be expected to be on-site working when the Government is observing federal holidays as per Federal Law (5 U.S.

6103). Specific dates for federal holidays can be found at http://www.opm.gov/.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth Independence Day

16) Security Requirements: All the work associated with this effort will be unclassified and therefore a DD 254 is not applicable to this contract. Vendor personnel shall comply with applicable installation, facility, and area commander installation local security policies and procedures. No security clearance required. However, trainers will need to pass background check for base access.

Contractor and Subcontractor may require logical or physical access to DoD installations.

Common Access Cards (CACs) will only be issued in accordance with DoDI 5200.46.

Contractor employees who require physical access to a single DoD installation will use the local defense Biometric Identification System (DBIDS).

The Contractor and COR are responsible for ensuring that each Contractor/Subcontractor employee assigned to the position meet the above requirements prior to beginning work on this contract. The government retains the right to request removal of Contractor/Subcontractor personnel, who regardless of prior clearance or adjudication status whose actions, while assigned to this contract, are determined by the Contracting Officer or government security management office to conflict with the interests of the government. If such removal occurs, the Contractor shall assign qualified personnel, with the required investigation, to any vacancy. When a Contractor/Subcontractor employee who has been granted a clearance is removed from the contract, the Contractor shall provide an appropriately trained substitute who has met or will meet the investigative requirements of this clause. The substitute may not begin work on the TO without written documentation and concurrence from the government security management office, stating that the new Contractor employee has met the criteria to support this contract.

Contractor/Subcontractor individual employees removed from this contract or TO as a result of a violation of local Automated Information Systems (AIS) security policy are removed for the duration of the contract. The above security requirements for all Contractor/Subcontractor employees, do not excuse the Contractor from meeting the delivery schedule/performance requirements set forth in the contract, or waive the delivery schedule/performance requirements in any way. The Contractor shall meet the required delivery schedule/performance requirements unless the Contracting Officer (KO) grants a waiver or extension.

Contractor personnel shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data, and government personnel work products, which are obtained or generated in the performance under this contract.

The Contractor personnel shall complete "Conflict of Interest and Non-Disclosure Statement" forms for every employee and appropriate corporate officer assigned to or associated with this TO on behalf of their corporation. The Government will request copies of these documents. The Contractor shall certify that it has reviewed the accepted contract specifics, and referenced security plans, with all Contractor employees (including any Subcontractor personnel) prior to these employees engaging in field activities. The Contractor shall take immediate precautions for security compromises and prevention of same.

Vendor personnel shall provide all information required for the completion of background checks for base/installation access.. Course instructors and/or key personnel are required to be eligible for base access through Defense Biometric Information Systems (DBIDS) or Common Access Card (CAC) issuance per DODI 5200.46. Course instructors and/or key personnel who require base access will be required to pass a public trust background check or have a favorably adjudicated Tier 1 investigation (formerly known as National Agency Check (NAC)).

The vendor is responsible for safeguarding all Government equipment, information, and property provided for their use. At the close of each work period and when the area is vacant of personnel, Government facilities, rooms, laboratories, equipment, and materials shall be secured. At no time is Government equipment, information, property to be taken out of any DoD Government facility.

The vendor is not authorized to access NAVFAC Government facilities before 0700 or after 1800 local time, Monday through Friday. For access to the buildings during unauthorized working hours, vendor will submit a request for extended hours through the appropriate chain of command (coordinate with the local TPOC at each course location.

17) Contracting Office: A COR will be appointed at time of contract award. If the COR changes during the lifespan of this BPA, the Contractor shall be notified by the KO or the Contract Specialist.

a) The Authorized Callers for this BPA are CEC Matthew Tatro (805-982-5542), CE1 Alphanso Gilling (805) 982-5587, CMC Edward Gugala (805-982-1623), CM1 Jeremy Tatlock (805-982-3531), and CE1 Laura Smith (805-982-4607). If any Authorized Callers change during the lifespan of this BPA, the Contractor shall be notified by the KO or the Contract Specialist.

The following have been deleted:

STATEMENT OF WORK

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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;

FACTOR 1 Technical:

The offeror shall submit a written narrative that provides sufficient detail demonstrating how the requirements listed in the PWS will be met and accomplished. Offeror’s shall submit a timeline identifying all significant events and dates for the completion of services.

FACTOR 2 Past Performance:

The Offeror shall provide information regarding at least three, but not more than five, of their most relevant and recent projects. Recent is considered to be within the last three years. The Offeror shall provide reference names and contact information for each of the projects they referenced. Please make certain that the contact knows he/she may be contacted by the Navy for any questions regarding your past contract performance.

The information provided must describe the equipment and/or services provided to those clients and explain the relevance of the project in relation to relevant experience concerning this solicitation.

Relevant experience is considered as work performed that is similar in size, scope, and complexity to the functions of the PWS.

• Size is defined as dollar value and duration,

• Scope is defined as the type of work, and

• Complexity is defined as performance challenges (e.g., DoD’s regulatory environment, quantity of the inventory, wide-range of equipment types, integration and coordination with a large number of subcontractors and government representatives).

Include any performance recognition documents received within the last 3 years, such as awards, customer letters of commendation, and any other forms of performance recognition.

In the case of an Offeror without a record of relevant past performance, the Offeror shall provide a statement stating such.

IF A COMPLETED CPARS EVALUATION IS AVAILABLE, IT SHALL BE SUBMITTED WITH

THE PROPOSAL. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS

IS AVAILABLE.IF THERE IS NOT A COMPLETED CPARS EVALUATION, the Past Performance Questionnaire (PPQ) (which includes Past Performance Questionnaire Cover Sheet, Past Performance Questionnaire, and Adjective Ratings Definitions) is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Past Performance. Past Performance Questionnaires are to be completed by a client of the Offeror. If the client requests, questionnaires may be submitted directly to the Government's point of contact Jonathan Demorest, via email at jonathan.p.demorest.civ@us.navy.mil prior to proposal closing date. Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information is on the Offeror.

FACTOR 3 Price:

Content of the Price Proposal The offeror shall provide a firm-fixed price proposal to complete the services outlined in the PWS.

Price Proposal Cover letter. The cover letter will state the total price and may include some narrative about the price proposal. The narrative may contain any general information that describes and supports the Offeror’s price proposal, and may describe methodology used and assumptions, if any are made. The Cover Letter shall include:

• Date

• Solicitation Number

• Company Name

• CAGE Code, UEI, TIN #

• Physical Address

• Mailing Address, if different than the physical address

• Company Point of Contact (PoC), telephone and fax number, email address

(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 Federal Acquisition Regulation (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, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(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 products, the make and model of the product to be delivered by the successful offeror.

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(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 products, the make and model of the product to be delivered by the successful offeror.

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

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

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

Factor 1 Technical:

The government will evaluate the technical data and information submitted above and assess whether the offeror’s proposal conforms to the specifications and requirements presented in the statement of work. Such evaluation will result in assignment of either an acceptable or unacceptable rating.

Factor 2 Past Performances:

The Government will evaluate each offeror’s past performance using a two-step process.

First, the Government will evaluate the relevancy of all projects/contracts submitted by the offeror and other information available (Relevancy Assessment). Second, the Government will, considering relevancy and the offeror’s performance on those contracts, assign a Performance Confidence Assessment Rating.

1. Relevancy Assessment. The Government will conduct a relevancy assessment of each project/contract submitted by the offeror to determine how close the work performed under those projects/contracts relates to the work described in this solicitation.

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