RFP 693JF721R000010 - Trash Services.pdf

Solicitation # 693JF721R000010

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PART 1 – SUMMARY

(1) Action Code. Combined Synopsis Solicitation Notice

(2) Date: April 1, 2021

(3) Contracting Office Zip code: 20590

(4) Product or Service Code (PSC): S205 – Housekeeping Trash/Garbage Collection

(5) NAICS Code: 562111 – Solid Waste Collection

(6) Set Aside: Small Business

(7) Contracting Office Address: US Department of Transportation / Maritime Administration

Office of Acquisition (MAR-380)

1200 New Jersey Avenue, SE

Washington, DC

(8) Subject: Trash Collection, Removal and Recycling Services

(9) Proposed Solicitation Number: 693JF721R000010

(10) Closing Response Date: May 4, 2021 at 3PM EST

(11) Contract Point of Contact / Contracting Officer: LaChelle Johnson / Alfredia Rich-Murphy

(12) Contract Award and Solicitation Number: XXXXXXXXXX/693JF721R000010

(13) Contract Award Dollar Amount: To be determined

(14) Line Item Numbers: CLINs 0001 through 0005 (Associated with Period of Performance /

Base Year & 4 Options)

(15) Contract Award Date: TBD

(16) Contractor: TBD

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

This solicitation is a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-03.

The associated North American Industrial Classification System (NAICS) code for this procurement is 56211, with a small business size standard of $38.5 Million.

The US Department of Transportation (DOT / Maritime Administration (MARAD) / US

Merchant Marine Academy (USMMA) is seeking to procure Trash Collection, Removal and

Recycling Services.

TABLE OF CONTENT

PART 1 – SUMMARY…………………………………………………………………………….1

PART 2 - REQUIREMENTS

Performance Work Statement (PWS)

PART 3 - CONTRACT CLAUSES

PART 4 - ATTACHMENTS / TECHNICAL EXHIBITS LISTING……..………………………………..63

Deliverables Schedule

Trash Collection: Locations, Containers and Schedule

Sample: Quarterly Waste Estimate Report

Performance Requirement Summary (PRS)

Trash Collection, Removal and Recycling Services

PERFORMANCE WORK STATEMENT (PWS)

U.S. MERCHANT MARINE ACADEMY (USMMA)

KINGS POINT, NEW YORK

U.S. DEPARTMENT OF TRANSPORTATION (DOT)

MARITIME ADMINISTRATION (MARAD)

Washington, DC

PART 2 - REQUIREMENTS

PERFORMANCE WORK STATEMENT (PWS)

Trash Collection, Removal and Recycling Services

General Information

2. GENERAL: This is a non-personal services contract to provide Trash Collection, Removal and Recycling Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

2.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, training and other items and non-personal services necessary to perform Trash Collection, Removal and Recycling Services as defined in the Performance Work Statement, except for those items specified as government furnished property and services. The

Government will provide recycling bins. The Contractor shall train all cleaning personnel in green cleaning. The green cleaning training shall educate cleaning personnel on each green certification requirement for chemical use and cleaning equipment; educate cleaning personnel on the environmental and health hazards; on the maintenance, disposal, and recycling of cleaning chemicals; on dispensing equipment; and on packaging. The training shall also include the importance of dilution control and methods to dilution control. Green Training records shall be maintained by the Contractor and provided to the CO or COR upon request.

2.2 Background: The United States Merchant Marine Academy (USMMA) is an agency of the Maritime Administration (MARAD) managed by the United States Department of Transportation (DOT). Website: www.usmma.edu

2.3 Objectives: The USMMA is seeking a qualified contractor to provide waste management services to include Trash Collection, Removal and Recycling Services.

The Government's objective is for all solid waste collected as a requirement of this contract be removed from the premises and transported to a processing facility for the purpose of remanufacturing or recycling to the maximum extent available.

2.4 Scope: The Contractor shall provide all required personnel, equipment, tools, supplies, supervision, transportation, and any other resources necessary to pick up trash in accordance with USMMA’s specified pick up frequencies, segregate out trash not acceptable for dumping into the Landfill Facility, and transport sorted and acceptable trash to the Landfill Facility in accordance with the local environmental law, standards, and all other terms and conditions contained herein. All solid waste not transported to a processing facility for remanufacture or recycling shall be disposed of only through a solid waste disposal facility certified within the meaning of the Solid Waste Disposal Act (42.U.S.C. 3251 et seq.) as amended by the Resource http://www.usmma.edu/

Recovery Act of 1970 (Public Law 91-5 12), where such facilities are available.

Certification shall be made by the appropriate State Agency responsible for solid waste management, or by the Environmental Protection Agency.

Specific Tasks: The Contractor shall provide services as follows:

I. The Contractor shall adhere to all Federal, State and City, County, Local laws and regulations governing the proper removal and disposal of refuse / waste materials.

Only Environmental Protection Agency (EPA) approved dump sites shall be used by the Contractor.

II. The Contractor shall perform in compliance with waste minimization and diversion standards outlined in Executive Order 13834 “Implementing

Instructions For Waste Management” utilizing Resource Management (RM) practices.

Website: https://www.epa.gov/sites/production/files/2016-03/documents/insidepages.pdf

III. The Contractor shall demonstrate that they have the appropriate size trash collection vehicles to accommodate the pick-up locations and roadways on the academy grounds as noted in this performance work statement under the Trash

Collection, Locations, Containers and Schedule.

IV. Personnel in the employ of the Contractor shall possess a valid New York State’s driver’s license.

V. The Contractor shall adhere to all recycling requirements in effect at the time of award of the contract.

VI. The Contractor shall describe their procedure for recycling as part of submitted proposal.

VII. The Contractor shall implement a waste management program to provide education to personnel on recycling protocols and local guidelines to effectively follow waste management procedures to maximize recycling.

VIII. The Contractor shall propose any recycling incentives available to the government to achieve environmental and energy conservation objectives.

IX. The Contractor shall clearly state what type(s) of refuse is allowed to be placed in dumpsters. Signs shall be posted on the dumpsters indicating type(s) of refuse.

https://www.epa.gov/sites/production/files/2016-03/documents/insidepages.pdf

X. Mixed Paper: The Contractor shall empty all recycling containers identified as and used for mixed paper recycling. The containers are located in offices, elevator lobbies, resource rooms and near the photocopy machines. Individual office recycling containers shall be emptied one time per week on Wednesday (non-trash removal day). Office recycling bins will be placed at least 6 feet from desk/chair by employees for emptying; once recycling bins are emptied by custodial staff, bins will be returned to same location. Non-office recycling containers (i.e. elevator lobbies, resource rooms) shall be emptied with sufficient regularity to ensure that the lids always close properly and there is no evidence of paper visible (approximately twice per week). The floor area surrounding the containers shall be kept neat, orderly and free of debris. Containers shall be washed as needed to maintain clean appearance and smell.

XI. Commingled Materials: The Contractor shall empty all recycling containers identified as and used for commingled recycling (cans, plastics, bottles). The containers are mainly located in, but not limited to, elevator lobbies, resource rooms, cafeteria and exterior locations. Commingled recycling containers shall be emptied with sufficient regularity to ensure that the lids always close properly and there is no evidence of materials visible (approximately twice per week). The floor area surrounding the containers shall be kept neat, orderly and free of debris.

Containers shall be washed as needed to maintain clean appearance and smell.

XII. Cardboard: The Contractor shall collect all excess cardboard and boxes labeled as trash or recycling from, but not limited to, elevator lobbies, corridors, newsstand, shipping/receiving, resource rooms and loading dock. If not already broken down, the Contractor shall break down boxes and place into large trash hampers provided by the Government in loading dock area until removed from USMMA premises. Recycled materials, including paper, commingled, and cardboard, shall be stored in containers designated for recycling as needed prior to being removed from the property, approximately twice per week.

XIII. The Contractor shall provide dumpsters as noted on the attached schedule.

XIV. Dumpsters shall be removed for cleaning/reconditioning as required or requested but no fewer than twice a fiscal year. If a dumpster needs repair, the dumpster is to be replaced within 2 business days.

XV. The Contractor shall be responsible for clean-up of refuse that spills during removal operations and is not properly loaded into the removal vehicle.

XVI. The Contractor shall be responsible for opening and securing doors for trash removal where dumpsters, bins, cans and baskets may be stored. The Contractor shall be responsible for damage to doors that may occur during the trash removal process.

XVII. The Contractor shall notify the COR of the locations of any overflowing dumpsters so that additional pick-ups can be requested from the Waste

Management Company. In addition, the Contractor shall notify the COR of improper disposal of waste materials observed in the course of their work, including trash bags placed outside of dumpster receptacles, trash placed in dumpsters designated for recyclables, and recyclables placed in dumpsters labeled

“trash only”, if applicable. Recyclables consist of glass, metals, plastics #1, #2, #4, #5 & #6 and paper (including newspaper, magazines, paper & hard cover books, phonebooks, junk mail and corrugated cardboard). Unsoiled aluminum foil, plastic clamshell containers, paper coffee cups, paper plates, plastic utensils are also recyclable.

XVIII. The Contractor is not expected to sort trash and recyclables placed in the incorrect receptacles, only to notify the COR of the location and extent of the problem when observed. The Contractor is also responsible for notifying the COR of any situations, which may delay or impede his/her work immediately upon the discovery by the Contractor of such situations.

XIX. Trash and Recyclables Removal: All waste baskets, recycling bins, cigarette butt receptacles, pencil sharpeners and other trash containers within the area shall be emptied and returned to their initial locations. Boxes, cans and papers placed near a trash receptacle shall be removed if approved by local office personnel and placed in recycling bins. Any obviously torn plastic trash receptacle liners in such receptacles shall be replaced. Ashes and debris shall be removed from cigarette butt receptacles and placed in a non-flammable container. Trash shall be disposed of in plastic bags secured with bag ties. At the Contractor’s discretion, recyclables can be collected in clear plastic bags secured with bag ties or placed directly into appropriately labeled dumpsters (loose cardboard or containers). The Contractor shall pick up any trash or recyclables that may fall onto the facility or grounds in the area around collection points during the removal of such collected waste. If the trash or recycling storage areas are in an enclosed area, the Contractor shall be responsible for relocating trash to designated pick up areas as directed by the

TPOC, COR, COTR.

XX. Removal of Trash and Recyclables: Trash and recyclables shall be emptied daily in all areas covered by this contract regardless of the frequency for any other tasks, unless otherwise noted.

XXI. The contractor shall place all trash and recyclables separately in the appropriate dumpsters. The Contractor will abide by recycling laws and COR-provided guidance in effect during the contract.

XXII. The Contractor shall provide the Quarterly Waste Estimate Report of the total weights (measured weights or volume estimated) of trash of landfill waste and recycling materials (e.g. mix containers and cardboard) collected to support the

Federal Waste Reduction and Recycling reporting requirements. Report Due: 15th of January, April, July, October

XXIII. The Contractor shall provide the COR by the 15th of each month a Waste and

Recycling Material Report, that specifies the total weight of municipal solid waste and the total weight of recycled material (mixed paper, cardboard, co-mingled, compost).

XXIV. The Contractor shall maintain an estimate of the weekly amount of trash that is collected to calculate the quarterly report.

XXV. The Contractor shall provide a monthly report of the total weight of trash and recycling collected from USMMA. Due: 10th of each month o If it is not feasible to provide measured weights of collected trash and recycling, the contractor shall estimate: 1) the volume of trash collected each month and 2) the volume of each type of recycling sent to certified recycling facilities each month.

o For example, the contractor may estimate the volume of trash and recycling collected every day for one week, and provide the data estimates. The estimates should include the container type, size, location, and usage at pickup (e.g. 50% full, 100% full).

Outdoor recycling receptacles will be added next to the existing trash receptacles.

All “loose bag” outdoor waste (trash and recyclables) are to be disposed of by the

Contractor in the nearest or most convenient dumpster designated for trash or recycling, as appropriate.

A list of recycling and trash dumpster locations is provided below, but the locations are subject to change.

The Contractor is responsible for checking the labels on each dumpster and placing trash and recyclables in the appropriate containers.

General Requirements

I. Additional pickups and dumpsters may be required throughout the year.

Contractor shall provide separate pricing when requested.

II. Contractor shall possess the necessary trucks that can navigate the entire campus, and be able to access all pick up locations efficiently.

III. Attendance at the Site Visit, scheduled for Monday, April 26, 2021 is highly encouraged. The site visit will be conducted in accordance to CDC social distancing guidelines for COVID-19 and a face mask or face covering is required.

To register for the Site Visit, send an email to Alfredia.Rich-Murphy@dot.gov by April

23, 2021 by 12 PM EST with subject line “Site Visit - Trash Collection, Removal and

Recycling Services” specifying the following:

Name:

Title:

Company Affiliation:

Email:

Phone:

Questions due date after site visit: April 29, 2021

2.5 Period of Performance: The period of performance (POP) shall be for one (1) Base

Year of 12 months and four (4) 12-month option year as follows:

Base Year: 5/23/2021 – 5/22/2022

Option Year 1: 5/23/2022 – 5/22/2023

Option Year 2: 5/23/2023 – 5/22/2024

Option Year 3: 5/23/2024 – 5/22/2025

Option Year 4: 5/23/2025 – 5/22/2026

2.6 General Information

2.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services is performed in accordance with the requirements of the Performance Work Statement (PWS). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures that the work that is being performed and complies with the requirement of the contract. The written comprehensive Quality Control Plan (QCP) shall be delivered within 5 days after contract award. Two copies of the QCP shall be submitted to the Contracting Officer (CO) and Technical Point of Contact (TPOC).

The contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the Quality Control (QC) plan.

Daily performance report, deficiency list, the QCP and other related documents shall be maintained by the Contractor. The documents shall be readily available to the

Government at any time during the term of the contract.

2.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan

(QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

2.6.3 The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

2.6.4 The Government reserves the right to inspect the Contractor’s performance. The

Government will record all surveillance observations. When an observation indicates defective performance, the Technical Point of Contract will request the Contractor’s representative to initial the observation.

2.6.5 Cleaning of Surrounding Service Area: Upon completion of work, the Contractor shall clean waste pick up area within a ten (10) foot radius after the pick-up of trash waste.

2.6.6 The Contractor shall be responsible for the complete clean-up of all spills caused by the Contractor during the transportation of solid wastes and trash pick-up.

2.6.7 Contractor’s failure to remedy spills within one (1) calendar day after the spill incident may result in a reduction in payment to the Contractor in an amount equal to

Government cleanup costs.

2.6.8 Ten (10) Recognized Holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

The Contractor is not required to perform services on 10 federal holidays.

2.6.9 Hours of Operation:

The contractor is responsible for conducting business, between the following hours:

Monday-Friday

6:00AM-10:00AM (Pickups shall be completed no later than 10:00AM)

Saturday

7:00AM-10:00AM (Pickups shall be completed no later than 10:00AM)

Trash collection shall be performed 6 days per week, Monday-Saturday, with the exception of Federal Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

2.6.10 Place of Performance: The work to be performed under this contract will be performed at The United Merchant Marine Academy (USMMA) located at:

300 Steamboat Road

Kings Point, NY 11024-1699

2.6.11 Type of Contract:

Fully burdened / Firm Fixed Priced (FFP) contract to a small business.

2.6.12. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured as applicable.

2.6.13 Special Qualifications: The contractor is responsible for ensuring all employees possess and maintain current and valid state of New York driver license.

2.6.14 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by government in accordance with

Federal Acquisition Regulation Subpart 42.5 (Post Award Orientation). The

Contracting Officer, Contracting Officers Representative (COR) / Technical Point of

Contact, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

2.6.15 Technical Point of Contact (TPOC): The TPOC monitors all technical aspects of the contract and assists in contract administration and is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and

Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The TPOC is not authorized to change any of the terms and conditions of the resulting contract.

2.6.16 Key Personnel: The following personnel are considered key personnel by the government: Project Manager / Alternate Project Manager. The contractor shall provide a Project Manager who shall be responsible for the performance of the work.

The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The

Project Manager or Alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Project Manager or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except

Federal holidays or when the government facility is closed for administrative reasons.

The Project Manager or alternate shall have 5 years of experience in waste management and recycling at a facility that has at least 10 pick-up locations.

2.6.17 Identification of Contractor Employees: All contract personnel attending meetings and working on the campus are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are

Government officials. The contractor personnel will be required to wear identifiable uniform / attire in the performance of this service.

DEFINITIONS & ACRONYMS

2.7. DEFINITIONS AND ACRONYMS:

DEFINITIONS:

CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key

Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR. One that enters into a contract with a prime contractor. The

Government does not have privity of contract with the subcontractor.

WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK. Monday through Friday, unless specified otherwise.

2.8. ACRONYMS

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

FAR Federal Acquisition Regulation

CO Contracting Officer

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

TPOC Technical Point of Contact

PART 3 - CONTRACT CLAUSES

Contract clauses; if clauses are referenced, read them from their original source.

CLAUSES INCORPORATED BY REFERENCE

52.252-02 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

Clause Title Date

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

May 2014

52.204-13 System for Award Management Maintenance Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance Oct 2020

52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

52.204-19 Incorporation by Reference of Representations and

Certifications

Dec 2014

52.223-6 Drug-Free Workplace May 2001

52.224-1 Privacy Act Notification Apr 1984

52.224-2 Privacy Act Apr 1984

52.227-1 Authorization and Consent Jun 2020

52.232-18 Availability of Funds Apr 1984

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020)

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 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;

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

(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 pre-award 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 subpart 4.10 of the Federal Acquisition

Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

(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) 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 blo ck 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:

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items (Nov

2020) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for

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

(a) Definitions. As used in this provision—

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

Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

Manufactured end product means any end product in product and service codes

(PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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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— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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.

(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 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

(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 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.

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.

(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 Items, have been entered or updated in the last 12 months, are current, accurate,…