N62306-14-R-4002_SOLICITATION.doc

Section SF 1449 - CONTINUATION SHEET

UNDEFINED

FLOATS, BASE PERIOD

FFP

IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

FOB: Destination

MAX

NET AMT

0001AA

FLOATS, IRIDIUM SHORT BURST DATA

AIR-DEPLOYABLE WITH PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

PURCHASE REQUEST NUMBER: N6230614PR272NV

MAX

0001AB

FLOATS, IRIDIUM SHORT BURST DATA

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0001AC

FLOATS, ARGOS

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

UNDEFINED

FFP

MAX

0002AA

FLOATS, IRIDIUM SHORT BURST DATA

AIR-DEPLOYABLE WITH PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0002AB

FLOATS, IRIDIUM SHORT BURST DATA

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0002AC

FLOATS, ARGOS

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

UNDEFINED

FFP

MAX

0003AA

FLOATS, IRIDIUM SHORT BURST DATA

AIR-DEPLOYABLE WITH PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0003AB

FLOATS, IRIDIUM SHORT BURST DATA

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0003AC

FLOATS, ARGOS

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

UNDEFINED

FFP

MAX

0004AA

FLOATS, IRIDIUM SHORT BURST DATA

AIR-DEPLOYABLE WITH PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0004AB

FLOATS, IRIDIUM SHORT BURST DATA

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

UNDEFINED

FFP

MAX

0005AA

FLOATS, IRIDIUM SHORT BURST DATA

AIR-DEPLOYABLE WITH PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

0005AB

FLOATS, IRIDIUM SHORT BURST DATA

AIR-PACKAGED WITHOUT PARACHUTE. IN ACCORDANCE WITH SALIENT CHARACTERISTICS INCORPORATED HEREIN.

MAX

SALIENT CHARACTERISTICS

I. Item: C-130 Air Deployable Certified, Conductivity, Temperature, Depth (CTD) Autonomous Profiling Float.

II. Description: An autonomous Lagrangian profiling circulation float which is an air/surface deployable instrument capable of operating in the open sea and providing underwater profile measurements of salinity, temperature, and pressure. The main housing of the float encloses the batteries, circuit boards, satellite transmitter, and all other pertinent electronics. The primary function of the subsurface float is to provide a platform that has the capability to drift at a depth where the float is neutrally buoyant and also cycles vertically from an operator-specified depth to the surface then returns to an operator-specified depth. The float is capable of operating at sea for at least 24 months unattended. The float system, upon contact with the water, is capable of freeing itself from the deployment package.

III. Salient Characteristics:

A. Deployment

1) The float must be air-deployable and surface-deployable. The profiling float must meet Department of Defense (DoD) certification standards for air deployment and must contain all associated packaging and rigging, including parachute, which can be attached and detached.

2) All float deployment containers should accommodate seating for the approved method for attachment of a 10-foot ring-slot parachute canopy.

3) The vendor must program the float to user specifications with regard to operating temperature, salinity, and pressure environment.

4) The vendor must consider input from the user with regard to operating cycle and profile depth and profile frequency when programming default parameter settings.

5) After the float platform has been activated by the user, the manufacturer must not collect, nor process, nor archive any float data.

B. Performance

1) The float must solely utilize alkaline batteries; the float must not contain lithium batteries nor contain lithium power sources.

2) The float must be capable of operating unattended for at least 24 month or at least 200 profiles to a depth of 1200 meters at pre-programmed or operator-specified intervals.

3) The float must be capable of collecting data according to a user-approved sampling interval (spot-samples) or in a continuous, high-resolution mode.

4) The Short Burst Data Iridium float must be capable of being commanded to remain at surface and to transmit position until instructed to resume normal operating cycle.

5) The float must be capable of collecting data from shallow water depths of 100 meters or less at pre-programmed or operator-specified intervals and also be able to collect profile data from a specified depth with zero park time.

6) The float must be capable of collecting data from multiple profiling cycles in less than 24 hours.

7) The float must be capable of obtaining the first profile independent of the user-specified park and profile cycle interval.

8) The float must be capable of initiating profile data collection from the park depth, or, after drifting at the park depth, descend to a deeper depth to initiate profile data collection.

9) The profiling float must use SBE 41/41 CP or equivalent Conductivity Temperature Depth (CTD) module, as recognized and approved by the Argo Program.

10) The float must be capable of sampling a minimum of 48 user-defined pressure intervals to a maximum pressure of 1200 decibars.

11) The float must be capable of automatic pressure activation.

12) The float must be capable of operating over a water density range of at least10 sigma-t.

13) The float CTD’s conductivity sensor must be capable of measuring ocean conductivity over the range 0 to 90 millisiemens/centimeter.

14) The float CTD’s conductivity sensor must be capable of measuring ocean conductivity with an accuracy of 0.00 millisiemens/centimeter.

15) The float CTD’s sensor must be capable of measuring ocean temperature over the range of -5 to 40 degrees Celsius.

16) The float CTD sensor must be capable of measuring ocean temperature across the full measurement range with an accuracy of ± 0.002 degrees Celsius.

17) The float CTD sensor must be capable of measuring ocean pressures across the full depth operating range with an accuracy of ± 2 decibars.

18) The float CTD sensor must be capable of sampling data at a rate of at least once every two seconds.

19) The float must support in-water operations from sea state 0 through sea state 6 as per the International Sea and Swell scale.

C. Communications

1) The autonomous profiling float must report through either of the following satellite systems as specified:

a. Iridium Short Burst: The DoD Defense Information Systems Network (DISN) Enhanced Mobile Satellite Services (EMSS) using the Iridium satellite Short Burst Data (SBD) based system utilizing bi-directional communication protocol for data dissemination and platform position determination. The float must use a GPS receiver for position determination. The vendor’s modem IMEI must be DoD-approved and not a commercial IMEI and should transmit data via the DoD EMSS Gateway. The same IMEI must be provided by the vendor to the U.S. Navy for provisioning and activation by the U.S. Navy as necessary.

b. Argos: The NOAA POES, EUMETSAT MetOp and the ISRO SARAL satellite systems for data dissemination and platform position. The CLS Argos ID will be provisioned and activated by the U.S. Navy as necessary.

2) The Iridium SBD float must be capable of reporting detailed engineering data (including all necessary parameters to control and troubleshoot the float especially in shallow water operations) along with the profile data in short burst format to U.S. Navy servers.

3) The Iridium SBD remote control commands should include the ability to:

a. Modify the profile ascent time

b. Modify the profile descent time

c. Modify the maximum profile pressure

d. Modify the park/drift pressure

e. Modify the park descent time

4) The Iridium SBD float must be capable of receiving a file over air containing commands that will change the settings of the operating parameters of the float.

5) The Iridium SBD float must be capable of being remotely programmed to ascend to the surface at a specific time of day.

6) The Argos float and the Iridium SBD float must be capable of being re-programmed after delivery to communicate profile data and engineering information from the surface more than once within 24 hours to accommodate shallow-water operations.

D. Pre-deployment

1) The float must be capable of being stored in a climate-controlled warehouse or aboard U. S. Navy vessels for at least 3 years.

2) Ballasting options for the profiling floats must include at least one of the following features as specified within each individual purchase order:

a. Totally self-ballasting,

b. Pre-ballasted for a specified area of the ocean before delivery, and/or

c. Equipped with ballasting rings/weights and additional necessary supplies capable of allowing weight adjustments upon delivery.

Possible ocean deployment areas include, but are not necessarily limited to, the South China Sea, the Mediterranean Sea, the Red Sea, the Sulu Sea, and the Arctic. Different depth sampling intervals may be specified by the user for different areas of the ocean. The float shall be capable of surviving the Arctic winter.

3) The float must be capable of running self-diagnostic tests initiated by the user.

4) The float must be capable of being re-programmed to change operating parameters at the user's facility. The float should also include the capability to connect directly to a government laptop in an approved manner.

Vendor must contact NAVOCEANO POCs Lee Chambers (228-688-5654) or Carl Szczechowski (228-688-4622) for specifics of:

a. Depth settings and sampling frequencies

b. Data formats

c. Ballasting specifications

5) The vendor must provide software and software updates to the U.S. Navy no later than delivery of the float for decoding the transmitted data stream as Government Off the Shelf (GOTS) software, applying calibration coefficients, and producing an output file containing: temperature ((C), pressure (dbar), depth (m), conductivity (S/m), salinity (PSU), and positional information that must conform to, or can be easily reformatted by the user into WMO standard KKYY and standard ARGO BUFR format(s).

6) All source code must be included as GOTS software. This software must be compatible with the Red Hat Enterprise 5 (or later) Linux operating system for a PC, and the software must be delivered to run on a DoD system as a single, specific, non-privileged user. Root privileges must not be required to execute or build the software and the software must use relative paths. The software must be directly supplied to the U.S. Navy and be DISA Security Technical Implementation Guides (STIG) compliant (reference http://iase.disa.mil/stigs/index.html).

7) The vendor must provide a digital copy of the technical specifications (including ballasting and calibration details), float pre-deployment, deployment, testing, operational software and user guides with each delivery order.

8) If the vendor cannot meet or exceed any of the salient characteristics stipulated in this salient characteristics document as per their currently available Commercial Off-the-Shelf (COTS) system, the vendor must state the short fall in their quote and the Government will take this information under consideration.

9) Quotes must itemize the following expenses:

a. The cost of complete air-rigged packing and with the cost of the parachute for Iridium SBD floats listed as a separate line item

b. The cost of complete air-rigged packing and with the cost of the parachute for Argos floats listed as a separate line item

c. The optional cost for air-rigged packing without a parachute for Iridium SBD floats

d. The optional cost for air-rigged packing without a parachute for Argos floats

e. Shipping/freight costs

IV. Packaging:

A. Each shipping container must always be clearly marked on the outside to indicate any unevenness or weight imbalances, when applicable, to avoid injury to personnel, and to avoid damage to packaging or the actual float due to stacking imbalances.

B. Each float must be marked on the hull area with only the float serial number which must be provided by the manufacturer.

C. The presence of a parachute must be indicated on the exterior of each container to quickly assess and confirm delivery specifications for invoice approval.

D. The presence of tools, documentation and/or accessories must be indicated on the shipping container to help minimize inspection efforts.

E. Each float must be packaged in its own individual shipping and deployment container.

F. All documentation (including shipping records) and containers must be marked with their associated contract number and the delivery order number.

G. Each deployment container located inside the shipping container as well as the shipping container itself must be visibly labeled with an impact monitor to indicate when a float has been exposed to a potentially damaging jolt during transit or storage.

V. Delivery:

A. Upon delivery, the vendor must provide the necessary accessory(s) required to connect the float to a government laptop for communication. The vendor must also provide the accessories required to prepare the float for deployment as indicated in these salient descriptions.

B. The vendor must provide a utility software program(s) to verify the validity of the user's proposed operating parameters for a float to protect against misconfiguration and loss of communication to the float.

C. The vendor must provide the software program code and subsequent upgrades that will decode the float profile data.

D. The articles to be furnished must be delivered within the time frame indicated on each delivery order issued under the contract with respect to the receipt of Argos float IDs and Iridium IMEI provisioning supplied by the NAVOCEANO POC’s mentioned above.

E. All instruments must be shipped to the following unless otherwise specified:

TO:

NAVAL OCEANOGRAPHIC OFFICE

RECEIVING OFFICER N62306

MSAAP B9134, CODE N114 UIC: N62306

STENNIS SPACE CENTER, MS 39522-5001

TEL: 228-689-8786

ATTN:

LEE CHAMBERS

PHONE:

228-688-5654

EMAIL:

LEE.CHAMBERS@NAVY.MIL

F. All other terms and conditions for delivery specifications will be provided upon issuance of task order.

VI. Inspection and Acceptance:

A. The government shall retain the ability to refuse delivery if there is obvious damage to product and or shipping containers upon arrival at the government premises.

B. The vendor shall be responsible for damages incurred by the carrier during transit.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$17,000.00

100.00

$2,000,000.00

0001AA

0001AB

0001AC

$17,000.00

100.00

$2,000,000.00

0002AA

0002AB

0002AC

$17,000.00

100.00

$2,000,000.00

0003AA

0003AB

0003AC

$17,000.00

100.00

$2,000,000.00

0004AA

0004AB

$17,000.00

100.00

$2,000,000.00

0005AA

0005AB

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-SEP-2015

MSAAP B9134, CODE N114 UIC: N62306

GBLOC: FMNU SPLC: 488936290

STENNIS SPACE CENTER MS 39522-5001

N62306

14-SEP-2016

MSAAP B9134, CODE N114 UIC: N62306

GBLOC: FMNU SPLC: 488936290

STENNIS SPACE CENTER MS 39522-5001

N62306

14-SEP-2017

MSAAP B9134, CODE N114 UIC: N62306

GBLOC: FMNU SPLC: 488936290

STENNIS SPACE CENTER MS 39522-5001

N62306

14-SEP-2018

MSAAP B9134, CODE N114 UIC: N62306

GBLOC: FMNU SPLC: 488936290

STENNIS SPACE CENTER MS 39522-5001

N62306

14-SEP-2019

MSAAP B9134, CODE N114 UIC: N62306

GBLOC: FMNU SPLC: 488936290

STENNIS SPACE CENTER MS 39522-5001

N62306

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM

QUANTITY

QUOTATION

TOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

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

(End of provision)

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

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

Factor

Description

Technical Capability of the Item offered to meet the Government’s requirement

Past Performance

Price

Technical capability and Past Performance, when combined, are more important when compared to price.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014) ALTERNATE I (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal…