RFP 47PF0023R0046.pdf

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RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALL

((RRFFPP))

U.S. GENERAL SERVICES

ADMINISTRATION

Acquisition Management Division (AMD) 230 South Dearborn Street, Suite 3500

Chicago, IL 60604

PPRROOJJEECCTT:: Chicagoland and Rockford Fire Drill and Training Seminars Multiple Locations, Chicago and Rockford Illinois

SSOOLLIICCIITTAATTIIOONN NNOO:: 47PF0023R0046

IISSSSUUEE DDAATTEE:: April 14, 2023

CCLLOOSSIINNGG DDAATTEE && TTIIMMEE:: May 15, 2023 2:00 PM (Central Time)

CCOONNTTRRAACCTT NNOO:: TBD

DDAATTEE OOFF AAWWAARRDD:: TBD

IISSSSUUEEDD BBYY::

U.S. General Services Administration Public Buildings Service Acquisition Management Division (AMD) 230 South Dearborn Street, Suite 3500 Chicago, IL 60604

GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUNE 2005) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

ATTENTION OFFERORS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract. Please note that it is not inclusive - you are cautioned to carefully read the entire solicita-tion in order to be fully aware of all requirements, provisions, and clauses.

SOLICITATION NO. 47PF0023R0046

GENERAL SERVICES ADMINISTRATION’S MISSION

To provide quality services required by our clients in a timely manner and to ensure the best value to the Federal Government and the public thereby enhancing our clients’ ability to accomplish their mission.

“SHALL” “WILL” and “MUST” Throughout this solicitation, the terms “shall” “will” and “must “ are used. “Shall” “will” and “must” denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” “will” and “must” have the same meaning.

SOLICITATION ISSUED ELECTRONICALLY

This solicitation is being issued electronically as of the solicitation “Date Issued” in block 6 of the Standard Form 1449. The offeror shall not alter the solicitation or any component thereof (i.e. drawings, etc.). The Government’s version of the solicitation and accompanying components take precedence if a discrepancy arises between the version issued by the Government and the signed documents submitted by the offe-ror.

INFORMATION COLLECTION REQUIREMENTS

The information collection requirements contained in this solicitation/contract are either required by regu-lation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.

SYSTEM FOR AWARD MANAGEMENT (SAM)

All contractors must be active in the System for Award Management (SAM), www.sam.gov prior to sub-mission of offers to be considered for award, firms not registered will be ineligible for evaluation, and award.

TOTAL SMALL-BUSINESS SET-ASIDE

This solicitation is set-aside to any of the socioeconomic programs for small businesses as defined by SBA The NAICS code for this solicitation is 542622, and the size standard is 24.5 Million Dollars.

SAFEGUARDING DOCUMENTS

Associated plans, drawings, or specifications provided under this solicitation are intended for use by pro-spective bidders/offerors (and their subcontractors and suppliers). In support of this requirement, GSA requires bidders/offerors to exercise reasonable care when handling documents relating to building draw-ings/plans, security equipment, security equipment installations, and contract guard service, to include:

1) Limiting reproduction and/or dissemination of covered materials only to persons/parties related to this acquisition or otherwise authorized to receive such information;

2) Making every possible effort that is reasonable and prudent to prevent unauthorized disclosure of this information;

3) Upon award and completion of any appeals process, unsuccessful bidders/offerors making every rea-sonable and prudent effort to destroy or render useless all information/documentation received during the solicitation and/or appeals process; and http://www.sam.gov/

4) The awardee continuing the efforts required above throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the awardee.

PERFORMANCE BASED SPECIFICATIONS

Note that the service specifications included in this solicitation are performance-based specifications. These specifications express the Government’s requirements in the form of minimum quality standards. Work schedule, frequencies, resources utilized, and methods of performance are to be determined by offerors.

A-76 REQUIREMENT

Note paragraph entitled FAR 52.207-3, Right of First Refusal of Employment in Section I.

CURRENT CONTRACTOR AND CURRENT CONTRACT PRICE

The current contractor is AK Productions, LLC, located in Seattle, Washington The current monthly price is $1,574.17. Although this solicitation is for services basically the same as the current contract Scope of Work, it should be reviewed carefully before submitting a bid.

NOTICE CONCERNING COMPLETION OF SOLICITATIONS

Offerors are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions and clauses. Fill-ins should be properly completed and verified. All copies should contain the same information. Verify calculations before signing your bid.

Offerors shall submit with their offer the following documents:

• Standard Form 1449 – Solicitation/Contract Order for Commercial Items.

• FAR 52.212-3 Offeror Representations and Certifications—Commercial Items

• EXHIBIT 6 – B.1.1.0 OFFER FOR STANDARD SERVICES Offeror’s Checklist (See Section L)

• Quality Control Plan (See Section C)

• Past Performance References

• EXHIBIT 9 – Contractor Cost Worksheet

SITE VISIT

Offerors may inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the infor-mation is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Site visits will be held via appointment only. Please contact the COR to request a site visit (see section L.3. Inspection of Facility).

EXERCISING OPTIONS AND MULTIPLE AWARD CONTRACTS

If this is a multiple award contract with optional performance periods, please note that the successful awardee will be required to re-certify size status prior to the option being exercised.

FAIR LABOR STANDARDS/SERVICE CONTRACT ACT PRICE ADJUSTMENT PROVISIONS

If this is a multiyear service contract or a service contract that may exceed a year in length if options are exercised, offerors should note the price adjustment provisions in Section I of this solicitation.

FREEDOM OF INFORMATION ACT (FOIA) REQUESTS

It is not necessary to reference the FOIA when requesting procurement history, such as the name of the current contractor, contract amount, contract copies, or abstracts of bids. For this information, you may contact the point of contact shown in Block 10 on the first page of the solicitation.

SOLICITATION COPIES

Note that Block 9 on the first page of the solicitation specifies the number of copies of the offer that must be returned by offerors.

Do not include any allowance for any contingency to cover increased cost for which adjustments are pro-vided for under the Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multi-year Con-tract) contained in the CONTRACT CLAUSES section of this contract.

Reimbursement for emergency call-back, overtime, and additional services will only be computed for the man hours performed at the work site.

PRICING OF OPTIONS

Offerors shall price the initial base period and the option requirements for the 4 additional 1 year periods and additional 6-month Option to Extend Services by assuming that the minimum hourly wages and fringe benefits established by the Administrator, Wage and Hour Division, U.S. Department of Labor for the initial 1 year period of performance will apply to the 4 additional years and 6-month Option to Extend Services.

The minimum wage rates and fringe benefits applicable to the initial 1 year period of performance are outlined on the wage rate sheet.

PROMPT PAYMENT DISCOUNT

Block 13 on the first page of the solicitation and possibly the solicitation pricing page(s), is to be used to offer prompt payment discounts. Payment terms are set forth in the Prompt Payment clause in this solici-tation. Offerors are cautioned against inserting any statement that indicates that payment is due sooner that the time stipulated in the Prompt Payment clause. EXAMPLE: Inserting "Net 20" may cause the offer to be rejected as unacceptable, because the entry would be contrary to the 30-day payment terms specified in the Prompt Payment clause.

OPTION TO EXTEND SERVICES

Offerors should note that Section I of this solicitation includes FAR 52.217-8, Option to Extend Services, which allows the Government the unilateral option to extend the term of any resultant contract up to six months, exclusive of any other option provisions which may be included as part of any resultant contract.

QUALITY CONTROL PLAN (QCP)

The contracting Officer (CO) must accept a completed Quality Control Plan (QCP) prior to award of a con-tract. The QCP will be specific to the contract specification and location(s) in accordance with the provisions and requirements of the solicitation.

NOTICE TO PROCEED (NTP)

Notice to Proceed (NTP) will NOT be issued until the COR has officially notified the CO that approved clearances for proposed employees have been received and approved.

AVAILABILITY OF FUNDS

Funds are presently available for award.

PROJECT LABOR AGREEMENT

Offerors may submit a price proposal subject to the PLA requirements set forth in this solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in this solicitation, or both.

Any price proposal submitted shall clearly identify whether it is subject to such PLA requirements.

PRE-BID/PRE-PROPOSAL CONFERENCE

A pre-bid/pre-proposal meeting has been scheduled for this solicitation. Please see Exhibit 7: Attendance Form.

PRE- AND POST-AWARD DEBRIEFINGS

The General Services Administration’s hours of operation are 8 a.m. to 4:30 p.m. Requests for pre-award debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for post-award debriefings delivered after 4:30 p.m. will be considered received and filed the following business day.

EQUAL OPPORTUNITY FOR VETERANS AND THE VETS-4212 VERIFICATION

The Vietnam Era Veterans' Readjustment Assistance Act of 1972 (38 U.S.C. 4211 and 4212) (the Act), applies to all contracts and subcontracts for personal property and nonpersonal services (including con-struction) of $150,000 or more except as waived by the Secretary of Labor. Per FAR 52.222-35, when contractors and subcontractors are subject to the Act, it prohibits them from discriminating against quali-fied protected veterans, and requires affirmative action by the contractor to employ and advance in em-ployment qualified protected veterans.

Contractor’s Responsibility - The Act requires contractors and subcontractors to submit a report, per FAR 52.222-37, at least annually to the Secretary of Labor regarding employment of protected veterans. It is accomplished by filing VETS-4212, Federal Contractor Veterans' Employment Report, at https://www.dol.gov/vets/vets4212.htm. This must be completed by September 30th each year.

[THIS NOTICE SHOULD BE REMOVED BEFORE OFFER IS SUBMITTED TO GSA] Rev. April 2022.

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjAzMDQuNTQ0Mjk0MzEiLCJ1cmwiOiJodHRwczovL3d3dy5kb2wuZ292L2FnZW5jaWVzL3ZldHMvcHJvZ3JhbXMvdmV0czQyMTIifQ.FqUFFEnMx9gH8VhMbgYaQF3Gi3uUphohXX2MfjxiF_c/s/484500512/br/127584977670-l

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

RFP 47PF0023R0046 - Chicagoland and Rockford Fire Drill and Training Seminars

Revised: March 31, 2022 February 14, 2020

Performance Work Statement and Exhibits

SERVICE: FIRE DRILL AND SAFETY TRAINING

LOCATION(S): 1. John C. Kluczynski Federal Building (JCK) IL0236FC

2. Everett M. Dirksen Courthouse (EMD) IL0205ZZ

3. Ralph H. Metcalfe Federal Building (RHM) IL0303ZZ

4. 11 W. Quincy Court (11W) IL2125ZZ

5. Clark Federal Building (536) IL0054ZZ

6. Customhouse (610) IL0032ZZ

7. Stanley J. Roszkowski U.S. Courthouse (Rockford) IL0311ZZ

PERIOD OF PERFORMANCE: 09/1/2023 – 8/31/2028

TABLE OF CONTENTS

Section A - Solicitation 7

A.1. Standard Forms 7 A.2. Commercial Items Provisions 8

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. 8

52.212-2 Evaluation—Commercial Products and Commercial Services. 12

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. 12

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. 30

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. 44

552.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (FAR DEVIATION 52.212-4). 55

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services. 57

552.212-72 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Products and Commercial Services. 58

52.216-1 Type of Contract 59 552.217-71 Notice Regarding Option(s) 59 552.252-5 Authorized Deviations in Provisions 59

SECTION B - SERVICES, ORDERING AND PRICES 60

B.1.1.0 Offer for Standard Services 61

SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK 62

Introduction 62

C.1. SCOPE OF WORK 62

C.1.2 The Contractor Shall 62 C.1.2.1 Fire/safety Evacuation Training Seminars 62

C.1.2.2 Fire Drills Observations 62 C.1.3 Minimum Level of Work 63 C.2. Definitions 63

C.2.1 Acceptance 63 C.2.2 Acts of God 63 C.2.3 Approval 63 C.2.4 Building 63 C.2.5 Contracting Officer (CO) 63 C.2.6 Contracting Officer's Representative (COR) 64 C.2.7 Contractor 64

C.2.8 Delegated On-site Authority 64 C.2.9 Emergency 64 C.2.10 Federal Holidays – (F.4 Recognized Holidays) 64 C.2.11 Federal Executive Holidays, Unanticipated 64 C.2.12 Modification of Contract 64 C.2.13 Negligence 64 C.2.14 Performance Based Service Contracting 64 C.2.15 Quality Assurance Surveillance Plan (QASP) 64 C.2.16 Quality Control Program (QCP) See C.20 64 C.2.17 Standard Services 65 C.2.18 Stewardship 65 C.2.19 Alternate Contracting Officer’s Representative (ACOR) 65 C.3 Quality Control Plan (QCP) 65

C.4 Government Quality Assurance Surveillance Program 66 C.5 CONTRACT Performance 67 C.6 Methods 67 C.7 Cooperation – Inspections 67 C.8 Contractor Performance Assessment Reporting System (CPARS) 67

C.9 Contractor Submittals/Deliverables Chart 67

SECTION D – PACKAGING AND MARKING 69

D.1. Payment of Postage and Fees 69 D.2. Marking 69

SECTION E – INSPECTION AND ACCEPTANCE 70

E.1 FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996) 70 E.2 Deduction Rate 70 E.3 CONTRACT Close-out Examination 71

SECTION F – DELIVERIES OR PERFORMANCE 72

F.1 Place of Performance 72 F.2 Term of Contract 72 F.3 Options 72 F.4 Recognized Holidays 73

SECTION G – CONTRACT ADMINISTRATION DATA 74

G.1. Payment (General) 74 G.2. Payment for Services 74 G.3. Method of Payment 74 G.4. GSAR 552.232-77 Payment By Government Charge Card (NOV 2009) 75 G.5 Evaluating Contractor Performance- RESERVED 75 G.6 Designated Ordering Officials 75 G.7 Limitation of Government’s Obligation - RESERVED 75

SECTION H – SPECIAL CONTRACT REQUIREMENTS 76

H.1. Security 76

H.1.1 Security Requirements and Personal Identity Verification Procedures (Non-Classified Contract) 76

H.1.2. RESERVED 76

H.1.3. GSAR 552.237-71 Qualifications of Employees (MAY 1989) 76 H.1.4. Suitability Determinations 76 H.1.5. Compliance with Security Requirements 78 H.1.6. Identification Credential 78 H.1.7. GSA Criteria for Adjudication 79

H.2. RESERVED 81

H.3. RESERVED 81

H.4. Standards of Conduct 81 H.5. Removal from CONTRACT Work 81 H.6. Sensitive but Unclassified (SBU) Building Information 83 H.7. Recording Presence 83 H.8. Government Forms 84 H.9. Other Contractors 84 H.10. Ordinances, Taxes, Permits, and Licenses 84 H.11. Discrepancy in the Specifications 84 H.12. Uniforms - RESERVED 84 H.13. Personnel Qualifications 84

H.13.1 Qualifications of Supervisory Employees - RESERVED 84 H.13.2 Submission of Resumes for New Employees 84 H.13.3 State Licensing - RESERVED 84 H.13.4 Compliance with Federal, State, and Local Codes 84

H.14. Government-Furnished Materials 84 H.15. Strike Contingency Plan (SCP) 85 H.16. Occupant Emergency Plan (OEP) 85 H.17. Performance Bond Requirement - RESERVED 85 H.18. Insurance Requirement 85 H.19 Prohibited Telecommunications Equipment 85

SECTION I – CONTRACT CLAUSES 87

52.204-21 Basic Safeguarding of Covered Contractor Information Systems 87 FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 88 52.216-18 Ordering 90 52.216-19 Order Limitations 90 52.216-22 Indefinite Quantity 91 52.217-8 Option to Extend Services 91 52.217-9 Option to Extend the Term of the Contract 92 52.222-35 Equal Opportunity for Veterans 92 52.222-36 Equal Opportunity for Workers with Disabilities 92 52.222-42 Statement of Equivalent Rates for Federal Hires 93

52.252-2 Clauses Incorporated by Reference 93 552.232-39 Unenforceability of Unauthorized Obligations (FAR DEVIATION) 93 552.252-6 Authorized Deviations in Clauses 94 PBS 3490.3 CHGE 1- Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information (Mar 22, 2021) 94 Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information 94

SECTION J - List of Documents, Exhibits, and Other Attachments 100 J.1 Building Information Sheets 101 J.2 Green Purchase Reports - RESERVED 103 J.3 Asbestos Notification Letter - RESERVED 104 J.4 Quality Assurance Surveillance Plan (QASP) 105

Section 1 - Contract Information 105 Section 2 - Purpose/Objective 107 Section 3 - Roles and Responsibilities of Government Officials 108 Section 4 – Partnering 108 Section 5 - GSA/Contractor Meetings 108 Section 6 - Performance Evaluation 109 Section 7 - Effectiveness of Quality Control 109 Section 8 - RESERVED 110 Section 9 - RESERVED 110 Section 10 - Documentation, Submittals and Deliverables 110 Section 11 - Receiving Reports 111 Section 12 - Tenant Recurring Work Authorizations (RWA) RESERVED 111 Section 13 - Employee Health, Safety and Training RESERVED 111 Section 15 – RESERVED 111

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

BIDDERS/OFFEORS 113

K.1. Annual Representations and Certifications 113 52.204-8 Annual Representations and Certifications 113 Provision 52.204-7 is included in this solicitation so paragraph (d) of this provision applies. Complete

(d) as applicable (attach additional sheets if necessary). 113 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 116 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation 118

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS 120

L.1. Bid Guarantee Requirement - RESERVED 120 L.2. Financial Qualifications of Offerors 120 L.3. Inspection of Facility 120 L.4. Instructions for Submitting Proposals 120 L.5. Inconsistencies in Specifications 121

L.6. RESERVED 122

L.7. Offerors Checklist 123

SECTION M – EVALUATION FACTORS FOR AWARD 125

M.1. Basis of Award 125 M.2. Past Performance 125 M.3. Total Evaluated Price 125

M.4. SPECIAL STANDARD(S) OF RESPONSIBILITY: 125

M.5. FAR 52.217-5 Evaluation of Options (JULY 1990) 125

Section A - Solicitation

A.1. Standard Forms

A.2. Commercial Items Provisions 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— (1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

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

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

or

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

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

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

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

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(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/).

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

(k) [Reserved]

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

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

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

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

(4) A summary of the rationale for award;

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://assist.dla.mil/wizard/index.cfm

(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 Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

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

Past Performance and Total Evaluated Price. Past performance is significantly more important than 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 Products and Commercial Services.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)

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

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.sam.gov/

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

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— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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

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

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women https://www.ecfr.gov/current/title-13/part-121

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 least51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

(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)…