RFP_Abutments_29_Mar_16_II.pdf

RFP - Dental Implant Abutments

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR 13.5, Test Program for Commercial Items. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.The solicitation number is N62645-16-R-0022. The solicitation is issued as a Request for Proposal (RFP).

Provisions and clauses in effect through Federal Acquisition Circular 2005-86 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://acquisition.gov/far/ and http://farsite.hill.af.mil. The

NAICS code is 339114, with a small business size of 500 employees.

The Naval Medical Logistics Command (NMLC) requests responses from qualified sources capable of providing dental implant abutments as needed for patient care. The vendor shall provide the following dental implant abutments on an as needed basis:

a. Titanium Implant Abutment

b. Titanium Gold Shaded Abutment

c. Zirconia Abutment

d. Titanium Duplicate Abutment

e. Zirconia Shaded Abutment

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 783 Each Atlantis Titanium Implant Abutment

FFP

(Primary) to include titanium screw for standard implants, 2-day inbound shipping label, and warranty as described in the Statement of Requirements.

FOB: Destination

NET AMT

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P295_49304 http://acquisition.gov/far/ http://farsite.hill.af.mil/

0002 500 Each Atlantis Titanium Gold-Shaded Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and warranty as described in the Statement of Requirements.

0003 50 Each Atlantis Zirconia Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

0004 20 Each Atlantis Gemini (Duplicate) Abutment

FFP

(Duplicate) to include titanium screw for standard implants, 2-day inbound shipping label, and warranty as described in the Statement of Requirements.

0005 180 Each Atlantis Zirconia Abutment (Shaded)

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

1001 783 Each OPTION Atlantis Titanium Implant Abutment

FFP

(Primary) to include titanium screw for standard implants, 2-day inbound shipping

1002 500 Each OPTION Atlantis Titanium Gold-Shaded Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

1003 50 Each OPTION Atlantis Zirconia Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

1004 20 Each OPTION Atlantis Gemini (Duplicate) Abutment

FFP

(Duplicate) to include titanium screw for standard implants, 2-day inbound

1005 180 Each OPTION Atlantis Zirconia Abutment (Shaded)

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

2001 783 Each OPTION Atlantis Titanium Implant Abutment

FFP

(Primary) to include titanium screw for standard implants, 2-day inbound shipping

2002 500 Each OPTION Atlantis Titanium Gold-Shaded Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

2003 50 Each OPTION Atlantis Zirconia Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

2004 20 Each OPTION Atlantis Gemini (Duplicate) Abutment

FFP

(Duplicate) to include titanium screw for standard implants, 2-day inbound

2005 180 Each OPTION Atlantis Zirconia Abutment (Shaded)

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

3001 783 Each OPTION Atlantis Titanium Implant Abutment

FFP

(Primary) to include titanium screw for standard implants, 2-day inbound shipping

3002 500 Each OPTION Atlantis Titanium Gold-Shaded Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

3003 50 Each OPTION Atlantis Zirconia Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

3004 20 Each OPTION Atlantis Gemini (Duplicate) Abutment

FFP

(Duplicate) to include titanium screw for standard implants, 2-day inbound

3005 180 Each OPTION Atlantis Zirconia Abutment (Shaded)

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

4001 783 Each OPTION Atlantis Titanium Implant Abutment

FFP

(Primary) to include titanium screw for standard implants, 2-day inbound shipping

4002 500 Each OPTION Atlantis Titanium Gold-Shaded Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

4003 50 Each OPTION Atlantis Zirconia Abutment

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

4004 20 Each OPTION Atlantis Gemini (Duplicate) Abutment

FFP

(Duplicate) to include titanium screw for standard implants, 2-day inbound

4005 180 Each OPTION Atlantis Zirconia Abutment (Shaded)

FFP

to include titanium screw for standard implants, 2-day inbound shipping label, and

ADMINISTRATIVE INFORMATION

THE POINT OF CONTACT FOR ADMINISTRATIVE CONCERNS FOR THIS ORDER AT NAVAL MEDICAL

LOGISTICS COMMAND, 693 NEIMAN STREET, FORT DETRICK, MD 21702 IS ANDREW A. HAMPTON, 301-619-3115, andrew.a.hampton3.civ@mail.mil

CONTRACTOR SUPPORT

NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the

Small Business Administration’s 8(a) program, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act(41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to mailto:andrew.a.hampton3.civ@mail.mil.

have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

INSTRUCTIONS TO OFFERORS

This section specifies the format and content that Offerors shall use in this Request for Proposal (RFP). Offerors shall submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation by the

Government. Any proposal which does not provide, as a minimum, that which is required in the solicitation may be determined to be substantially incomplete and not warrant any further consideration.

Proposals shall be submitted by email only as an MS Word or Adobe PDF attachment to Andrew Hampton at andrew.a.hampton3.civ@mail.mil. Proposals are due by 3:00 pm local on 28 April 2016.

Any questions must be addressed to andrew.a.hampton3.civ@mail.mil by email only no later than 3:00 pm local time on 8 April 2016. No phone calls accepted.

All Offerors shall provide the following company details on its cover page:

Complete company name and address

Company Point of Contact (POC)

Email

Phone Number

Cage Code

DUNS number

Place of Manufacture

Technical

Offerors shall submit a proposal including all necessary documentation demonstrating that its solution meets all of the requirements within the Statement of Requirements. If marketing brochures are submitted, please ensure that it denotes exactly how all Statement of Requirements are met; otherwise, provide the supplemental information within the technical approach of the proposal. Offerors shall submit sufficient documentation to allow for an evaluation of the Technical Approach and its abilities to meet the Statement of Requirements.

The total number of pages submitted for technical shall not exceed fifteen (15) pages, excluding a cover letter. If technical contains more than fifteen (15) pages, only the first fifteen (15) pages will be evaluated.

Past Performance

Offerors shall complete a maximum of three (3) past performance information sheets (Enclosure 1). Each of the Past Performance Information Sheets shall be completed in its entirety. The Past Performance

Information listed on each sheet shall be for the same and/or similar items. If more than three (3) Past

Performance Information Sheets are provided, only the first three (3) will be considered. Each Past

Performance Information Sheet shall identify no more than one Point of Contact (POC). Each Past

Performance Information Sheet may include multiple contracts or one or more task orders under single mailto:andrew.a.hampton3.civ@mail.mil mailto:kasey.l.carroll.civ@mail.mil

IDIQ contracts. The same contract may appear on more than one Past Performance Information Sheet if more than one POC exists. If more than one POC is provided for any Past Performance Information Sheet, only the first POC will be considered. Each Past Performance Information Sheet shall not exceed one (1) page. If a Past Performance Information Sheet contains more than one (1) page, only the first page will be considered. Contracts cited must be current, or have ended not more than three (3) years prior to the closing date of the solicitation. If the contract performance ended more than three (3) years prior to the closing date of the solicitation it will be determined not relevant.

If the offeror does not possess relevant past performance, the offeror shall submit a statement affirming that it possesses no relevant Past Performance.

The Government may contact the POCs listed on the Past Performance Information Sheets. POCs must be either Government personnel (civil service or military) or employees of private sector clients with whom it has provided services. Information provided by or for POCs who work directly for the offeror or a teaming partner will be determined not relevant.

The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided.

The total number of pages submitted for past performance shall not exceed three (3) pages, excluding a cover letter. If past performance contains more than three (3) pages, only the first three (3) pages will be evaluated.

Price

The Offerors shall provide pricing for all line items and a total contract price (all line items)

The Offerors shall provide acknowledgement of the solicitation and of any amendments.

The proposed price will be evaluated by the Government and must be determined to be fair and reasonable for award.

Other Administrative Instructions

The Offerors shall complete and submit DFARS Provision 252.209-7991 Representation by Corporations

Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal

Year 2016 Appropriations (Deviation 2016-O0002) (Oct 2015).

Contractors must be registered in the System for Award Management (SAM) database at time of award.

Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/.

Small Business Subcontracting Plan: 5% Subcontracting Goal

1. If applicable (for other than small business concern offerors under the assigned NAICS code herein), the offeror shall submit a subcontracting plan in accordance with FAR Clause 52.219-9 and DFARS Clause 252.219-7003 (for reference see FAR 19.704 and DFARS 219.704). The subcontracting plan requirement is not applicable to small business concerns qualified as such under the NAICS code assigned to this solicitation. Master subcontracting plans can be included as an appendix to the subcontracting plan.

2. Any contractor receiving a contract for more than the simplified acquisition threshold must agree in the contract that small businesses will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance. In negotiated acquisitions, each solicitation of offers to perform a contract or contract modification, that individually is expected to exceed $700,000 and that has subcontracting possibilities, shall require the apparently successful offeror to submit an acceptable subcontracting plan.

3. In determining the acceptability of a proposed subcontracting plan, the contracting officer should take the following actions:

(1) Obtain information available from the cognizant contract administration office, as provided for in 19.706(a), and evaluate the offeror’s past performance in awarding subcontracts for the same or similar products or services to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If information is not available on a specific type of product or service, evaluate the offeror’s overall past performance and consider the performance of other contractors on similar efforts.

https://www.sam.gov/portal/public/SAM/

(2) In accordance with 15 U.S.C. 637(d)(4)(F)(iii), ensure that the goals offered are attainable in relation to—

(i) The subcontracting opportunities available to the contractor, commensurate with the efficient and economical performance of the contract;

(ii) The pool of eligible subcontractors available to fulfill the subcontracting opportunities; and

(iii) The actual performance of such contractor in fulfilling the subcontracting goals specified in prior plans.

(3) Ensure that the subcontracting goals are consistent with the offeror’s certified cost or pricing data or data other than certified cost or pricing data.

(4) Evaluate the offeror’s make-or-buy policy or program to ensure that it does not conflict with the offeror’s proposed subcontracting plan and is in the Government’s interest. If the contract involves products or services that are particularly specialized or not generally available in the commercial market, consider the offeror’s current capacity to perform the work and the possibility of reduced subcontracting opportunities.

(5) Evaluate subcontracting potential, considering the offeror’s make-or-buy policies or programs, the nature of the supplies or services to be subcontracted, the known availability of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in the geographical area where the work will be performed, and the potential contractor’s long-standing contractual relationship with its suppliers.

(6) Advise the offeror of available sources of information on potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors, as well as any specific concerns known to be potential subcontractors. If the offeror’s proposed goals are questionable, the contracting officer must emphasize that the information should be used to develop realistic and acceptable goals.

4. (7) Obtain advice and recommendations from the SBA procurement center representative

(or, if a procurement center representative is not assigned, see 19.402(a)) and the agency small business specialist.The Contracting officer will review the subcontracting plan for acceptability. If an offeror fails to negotiate a subcontracting plan acceptable to the Contracting Officer within the time limit prescribed by the Contracting Officer, the offeror will be ineligible for award. If the offeror believes there are no subcontracting possibilities, the offeror shall submit documentation sufficient to support its position.

BASIS OF AWARD

This requirement will be evaluated as a Lowest Price Technically Acceptable (LPTA) requirement. Award will be made on the basis of the lowest evaluated price of proposals that meet or exceed the non-price factors. The

Government anticipates award of a firm fixed price (FFP) contract.

The Government intends to evaluate proposals and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation.

Technical Evaluation Factors

The Offeror with the lowest overall proposed price and determined technically acceptable will receive an award and no further offers will be evaluated.

Conformance to Essential Characteristics

Evaluation shall include the ability to meet the essential characteristics of this requirement. Offerors not meeting all requirements will not be further considered for award unless there are no other technically acceptable Offerors.

https://www.acquisition.gov/far/html/Subpart%2019_4.html#wp1080442

Past Performance

The Government will first evaluate the offeror’s Past Performance Information Sheets to determine whether the company has provided relevant Past Performance. A determination of relevant or not relevant will be made for each Past Performance Information Sheet. A relevance determination may be made based solely on the information provided on the Past Performance Information Sheets. After obtaining additional information from the POC named on the Past Performance Information Sheets the past performance information may be determined not relevant.

In order to be determined relevant, contracts cited must be current, or have ended not more than three years prior to the closing of the solicitation. If the contract performance ended more than three years prior to the closing date of the solicitation it will be determined not relevant. Past performance will be considered relevant if the offeror has supplied the same/similar abutments within the scope of this requirement.

The Government is not restricted from evaluating and considering other relevant Past Performance information in its possession and may contact references for that information. Past performance information may be obtained from any other sources available to the Government, such as Past

Performance Information Retrieval System (PPIRS) and interviews with Contracting Officer’s

Representatives/Technical Liaisons.

The government will evaluate the offeror’s relevant Past Performance Information Sheet(s) to determine how well the offeror performed on the contract provided on the Past Performance Information Sheet. The

Government shall assign a Past Performance Acceptable/Unacceptable rating to the offeror’s proposal.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305

(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Price

Reasonableness: The offeror’s proposed line item prices will be evaluated to determine the degree to which the line item prices compare to the prices a reasonable prudent person would expect to incur for the same or similar equipment.

Completeness: Offeror’s have included pricing for all line items, are registered in SAM at time of award and have provided acknowledgement of all amendments.

STATEMENT OF REQUIREMENTS

1. The contractor shall design the abutment according to the specifications of the abutment design without the need for a technician to manually create a model. It shall involve digital duplication with a computer aided manufacturing processes to create the customized abutments to the precise requirements needed. In addition, the system shall measure the oral geometry of a patient’s mouth.

2. The contractor shall have the technology coupled with their computer aided manufacturing process for abutments to customize abutments without regard to the implant manufacturer. In addition to manufacturing a wide variety of implant systems the contractor shall warrant not only their abutment but the implant replacement cost if the implant fails while using their abutment.

3. The contractor shall deliver manufactured products to the site by FEDEX at the government expense. The contractor is responsible for completing requested procedures and returns the completed case work NLT than 10 business days from the date received by the contractor. The contractor shall contact NMCP

Shipping Section for shipping instructions and account number information for the return shipment.

Further shipping instructions will be provided at time of award.

4. The Government shall be responsible for all shipping and receiving cost via Federal Express, including shipment of physical cases from the dental laboratory.

5. The contractor shall provide a digital receipt to the submitting laboratory for all case submissions. The contractor shall notify the submitting laboratory of any observed design or manufacturing problems within two (2) hours of case submission. This notice shall be emailed to Department Head, Area Dental

Laboratory. Email address will be provided to the contractor.

6. If a product is delivered to the site that does not meet the requirement of the government, the contractor shall correct the deficiency, remanufacture another product, and deliver to the site with no additional cost to the government with a maximum turn-around time of 10 days.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-MAY-2016 TO

30-APR-2017

N/A SEWELLS POINT BRANCH MEDICAL

CLINIC

1721 TAUSSIG BLVD

NORFOLK VA 23320

N32510

0002 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.217-5 Evaluation Of Options JUL 1990

52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2013-O0014) OCT 2015

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7008 Only One Offer OCT 2013

252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)

(Deviation 2013-O0014)

OCT 2014

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7021 Trade Agreements--Basic (OCT 2015) OCT 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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 $3,500, and offers of

$3,500 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.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

http://www.acquisition.gov/

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this…