05_-_FINAL_Solicitation.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CSB

Washington DC 20037 Suite 400 2175 K. St. NW

CSB

CSB CODE 16. ADMINISTERED BYCODE

X

X

812332

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCSB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

SMALL BUSINESS

08/01/2015 1700 ET

07/10/2015

AMY MCCORMICK

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

RFQ-CSB-15-0018

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 CSB-1I26-15-0004OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20037-1809

SUITE 400

2175 K STREET, NW

CHEMICAL SAFETY & HAZARD INVESTIGAT

CSB

15. DELIVER TO

Washington DC 20037 Suite 400 2175 K St NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$38.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

US Chemical Safety Board

EDWOSB

X

NAICS:

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Customized Flame Resistant Clothing (FRC) for Chemical Incident Investigators

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

12.603. This announcement constitutes the only

solicitation, and quotes are being requested.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-81.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

AMY M. MCCORMICK

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

7/10/2015

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

An offeror must be actively registered in the

System for Award Management (www.SAM.gov) at the time of award in order to accept the award.

The government intends to award a firm fixed price contract for items indicated in the requirements statement in accordance with the pricing sheet submitted by the offeror. An award will be made on a best value basis using trade-offs (see Instructions to Offerors). The government intends to make an award without negotiations but reserves the right to conduct negotiations should the need arise.

The solicitation will result in the award of a firm fixed price contract.

The quantities of items listed on the pricing sheet and in the requirements statement are estimates. The actual quantity purchased will be based on the actual needs of the government. The quantities listed on the pricing sheet and in the requirements statement do NOT represent a guaranteed minimum or maximum quantity.

The items specified in the pricing sheet and the requirements statement are brand name or equal.

Offerors are free to propose alternate items and

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

RFQ-CSB-15-0018

must submit the product description, product manufacturer and number, confirmation that flame resistant items meet requirements of NFPA 2112, availability of required colors and sizes, availability of flame resistant customization, warranty (if applicable) and photo for each item requested.

Final delivery will be required within 90 days of contract award.

Failure to submit the pricing table and specifications for proposed items may result in the quote being determined as non-responsive.

Invoice Approver/COR: MCCORMICK, AMY

Delivery: 90 Days After Award

0001 Flame Resistant Clothing

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

52.212-1 Instructions to Offerors - Commercial Items. (SEP 2006)

Failure to submit any of the requested information or follow any of the stated guidelines will result in the proposal being determined technically unacceptable without being evaluated.

Only questions received by the government to the attention of Amy McCormick at contracts@csb.gov by 5:00 pm ET on Tuesday, July 25, 2015, will be answered.

Only proposals submitted to the attention of Amy McCormick at contracts@csb.gov by 5:00 pm ET on Friday, August 1, 2015, will be evaluated.

The government anticipates that negotiations will be required but reserves the right to make an award without negotiations.

An offeror must submit each of the following as part of a complete proposal package.

Each section (a, b, c) must be independent of one another and there must be no duplication of information anywhere.

The total written proposal package including cover page, pricing form, and written non-price proposal may not exceed 15 pages in length. Therefore, the proposal package must contain 1-15 written pages (single or double spaced, 10-point font minimum).

a) Cover Page – Including the following information at minimum.

1. Company Name as it appears in SAM.gov

2. Company DUNS Number

3. Company Point of Contact (POC) for this acquisition including name, title, phone number, and email address.

b) Price Proposal

1. Pricing for individual items must include the cost of customization and shipping.

2. Pricing shall be provided for one (1) of each item in all sizes specified in the requirements statements. All pricing must be submitted on the pricing sheet provided in the solicitation package.

c) Non-Price Proposal

1. Project Management & Quality Assurance Plan

2. Specifications, Photos and Warranties for Proposed Products

3. References for Past Performance

52.212-2 Evaluation - Commercial Items. (JAN 1999)

Award will be made to the responsible offeror whose proposal is determined to be the best overall value to the government. The government will consider awarding at a slightly higher price only to receive superior technical quality. The Contracting Officer will use the technical merits of each proposal and the price to determine the successful offeror. As technical merit becomes more equal, price may be the deciding factor. As the price becomes more equal, technical merit may be the deciding factor. The technical evaluation team will determine the technical merits of each proposal and provide a written summary of the evaluation results to the Contracting Officer. The Contracting Officer will determine what trade-off between technical merit and price promises the greatest value to the government. Price will be equal to the combination of technical evaluation factors.

Price Proposal (50%):

Provide a firm fixed price for each proposed item based on the estimate of items required. Prices should include all customization, shipping, warranties and volume discounts. The pricing shall be entered on the pricing form provided.

Non-Price Proposal Evaluation Factors (50%):

Project Management & Quality Assurance Plan (20%): The offeror shall provide detailed plan for project management and quality assurance. At a minimum, this plan shall include the following items:

o Timeline to deliver final items to CSB office location at 1750 Pennsylvania Ave., NW, 9th Floor, Washington, DC.

o Contact information for project manager overseeing project management and quality assurance.

o Available remedies to address quality or delivery risks.

Specifications, Photos, Warranties for Proposed Products (20%): The offeror shall provide a detailed proposal with the technical specifications, photos, and warranties (if applicable) for proposed items to meet this requirement. All requested items are brand name or equal. As a minimum, furniture specifications shall include:

o Product Description o Product Manufacturer and Number o Confirmation that flame resistant items meet requirements of NFPA o Available Sizes o Available Colors o Availability of Flame Resistant Customization (if applicable) o Warranty (if applicable) o Photo

Past Performance (10%): The offeror shall provide three (3) references for services completed. References shall include a) agency/company for whom the work was performed; b) point of contact from agency/company including telephone number and email address; c) brief description of the work completed; and d) period of performance of work completed. Please use the attached form.

This action is set aside 100% for woman-owned small business. An offeror must be registered in the System for Award Management (www.SAM.gov) as a woman-owned small business at the time of award to accept an award.

Weighted Evaluation Criteria

(a) Price 50

(b) Project Management/Quality Assurance

(c) Specifications, Photos, Warranties for Proposed Products

(d) Past Performance 10

TOTAL WEIGHT POINTS AWARDED 100

REQUIREMENTS STATEMENT

Customized Flame Resistant Clothing for Incident Investigations

July 2015

BACKGROUND:

The Chemical Safety and Hazard Investigation Board (CSB) is an independent federal agency with the mission of investigating chemical accidents and hazards and recommending actions to protect workers, the public, and the environment. CSB investigators conduct investigations at the sites of serious chemical accidents. In order to ensure the safety of investigators in hazardous environments, the CSB requires a combination of flame resistant and high visibility clothing for up to forty individuals.

SCOPE

The Contractor shall provide a combination of National Safety Apparel and Carhartt (brand name or equal), flame resistant clothing (FRC) and flame resistant, high visibility clothing with customized logos, as described below. All flame-resistant items shall meet standards described in National Fire Protection Association (NFPA) 2112: Standard on Flame-Resistant Garments for Protection of Industrial Personnel against Flash Fire.

CUSTOMIZATION

The Contractor shall provide up to three areas of customization on each item ordered:

Left Chest: The letters “CSB” shall be embroidered in Nomex® or other flame resistant thread on the left chest of clothing, as specified below, in one-inch Arial – or similar – font; or, Left Chest: The CSB seal shall be embroidered in Nomex ® or other flame resistant thread on the left chest of clothing, as specified below. CSB seal contains nine (9) different thread colors, including white, black, red, blue, gold, dark brown, light brown, light gray, and dark gray.

Right Arm: An American flag shall be added to the right arm of clothing, as specified below, with the stars pointing toward the front of the body, and the stripes pointing to the back of the body.

Back: The letters “CSB” shall be embroidered in Nomex ® or other flame resistant thread on the back of flame resistant clothing in six-inch Arial – or similar – font.

Gold colored thread shall be used for embroidery on navy blue FR clothing, and black thread shall be used on high visibility vests.

Flame resistant items finished with embroidery or other modifications shall be compliant with National Fire Protection Association (NFPA) 2112 as finished.

ESTIMATED REQUIRED ITEMS

All information provided in the description and product number columns is provided for reference information. Brand name or equal items will be accepted. Product descriptions and product numbers will be required for proposed items in order for proposal to be considered technically acceptable. Required specifications and customization for each item can be found below in “Clothing Specifications.” The following items (brand name or equal) will be required in the designated sizes and colors. The quantities provided are estimates only. Each item shall be priced individually. The quantities listed below do not represent a guaranteed minimum or maximum.

Description* Product Number* Size Color Quantity

NSA Hi Viz FR Safety Vest C01HV-ST S/M Yellow 4 NSA Hi Viz FR Safety Vest C01HV-ST L/XL Yellow 5 NSA Hi Viz FR Safety Vest C01HV-ST 2XL/3XL Yellow 3

NSA FR Parka in Indura Ultrasoft C18UPMQ_3507 S Navy 2

NSA FR Parka in Indura Ultrasoft C18UPMQ_3507 M Navy 2

NSA FR Parka in Indura Ultrasoft C18UPMQ_3507 L Navy 1

NSA FR Parka in Indura Ultrasoft C18UPMQ_3507 XL Navy 2

NSA FR Parka in Indura Ultrasoft C18UPMQ_3507 2XL Navy 1

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ S - 30" Navy 4

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ S - 32" Navy 2

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ M - 30" Navy 4

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ M - 32" Navy 2

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ L - 30" Navy 2

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ L - 32" Navy 2

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ XL - 30" Navy 2

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ XL - 32" Navy 1

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ 2XL - 32" Navy 1

NSA FR Coverall - 7.0 oz Ultra Soft C88UJ 3XL - 34" Navy 1

NSA Deluxe Insulated Coveralls CLC8 S - 30" Navy 2 NSA Deluxe Insulated Coveralls CLC8 S - 32" Navy 1 NSA Deluxe Insulated Coveralls CLC8 M - 30" Navy 2 NSA Deluxe Insulated Coveralls CLC8 M - 32" Navy 1 NSA Deluxe Insulated Coveralls CLC8 L - 30" Navy 2 NSA Deluxe Insulated Coveralls CLC8 L - 32" Navy 1 NSA Deluxe Insulated Coveralls CLC8 XL - 30" Navy 2 NSA Deluxe Insulated Coveralls CLC8 XL - 32" Navy 1

NSA Deluxe Insulated Coveralls CLC8 2XL - 32" Navy 1 NSA Deluxe Insulated Coveralls CLC8 3XL - 34" Navy 1

ARC H2O 30" Jacket R30RL06 S Yellow 3

ARC H2O 30" Jacket R30RL06 M Yellow 3

ARC H2O 30" Jacket R30RL06 L Yellow 2

ARC H2O 30" Jacket R30RL06 XL Yellow 1

ARC H2O 30" Jacket R30RL06 2XL Yellow 1

ARC H2O Pant R50RL14 S Yellow 3

ARC H2O Pant R50RL14 M Yellow 3

ARC H2O Pant R50RL14 L Yellow 2

ARC H2O Pant R50RL14 XL Yellow 1

ARC H2O Pant R50RL14 2XL Yellow 1

Carhartt FR Fleece Portage Jacket 101575 S Navy 8

Carhartt FR Fleece Portage Jacket 101575 M Navy 8

Carhartt FR Fleece Portage Jacket 101575 L Navy 8

Carhartt FR Fleece Portage Jacket 101575 XL Navy 10

Carhartt FR Fleece Portage Jacket 101575 2XL Navy 3

Carhartt FR Fleece Portage Jacket 101575 3XL Navy 1 *Brand name or equal

CLOTHING SPECIFICATIONS

All items are brand name or equal. Photos are provided in Appendix A for reference.

Item Color Sizes Threads FR Coveralls – 7.0 oz Ultra Soft Brand: National Safety Apparel or equivalent

Navy blue, flame resistant coveralls shall be available in a range of sizes from S to 3XL, or equivalent.

Coveralls shall be compliant with NFPA 2112. Items shall be customized to include 1” letters “CSB” embroidered in gold Nomex ® thread on left chest, an American flag on right arm, and 6” letters “CSB” embroidered in gold Nomex ® on the back. See photos in Appendix A.

Navy Blue S – 3XL (or equivalent)

CSB:

gold

Flag:

red, white, blue

FR Parka with Hood Brand: National Safety Apparel or equivalent

Navy blue, flame resistant parkas with hoods shall be available in a range of sizes from small (S) to 3XL, or equivalent. Items shall include a quilt lining or equivalent insulation. Parkas shall be compliant with NFPA 2112.

Items shall be customized to include 1” letters “CSB” embroidered in gold Nomex ® thread on left chest, an American flag on right arm, and 6” letters “CSB” embroidered in gold Nomex ® on the back. See photos in Appendix A.

Navy Blue S-3XL CSB:

FR Insulated Coveralls Brand: National Safety Apparel or equivalent

Navy blue, flame resistant, insulated coveralls shall be available in a range of sizes from S to 3XL, or equivalent.

Items shall include a quilt lining or equivalent insulation. Coveralls shall be compliant with NFPA 2112. Items shall be customized to include 1” letters “CSB” embroidered in gold Nomex ® thread on left chest, an American flag on right arm, and 6” letters “CSB” embroidered in gold Nomex ® on the back. See photos in Appendix A.

Navy Blue S-3XL (or equivalent)

CSB:

Flame Resistant, High Visibility Rain Jacket – 30-Inch Length Brand: National Safety Apparel or equivalent

Flame resistant, high visibility yellow, waterproof jackets with shall be available in a range of sizes from small to 3XL, or equivalent. No customization necessary on these items.

Yellow S – 3XL N/A

Flame resistant, High Visibility Rain Pants Brand: National Safety Apparel or equivalent

Flame resistant, high visibility yellow, waterproof pants shall be provided in a range of sizes from small to 3XL, or equivalent. No customization is required for these items.

Yellow S – 3XL N/A

High Visibility FR Safety Vest Brand: National Safety Apparel or equivalent

Flame resistant, high visibility yellow, sleeveless vests with parallel reflective striping between 2” to 4” wide on the front and back are required in a range of sizes from small to 3XL. Items shall be customized to include 1-inch “CSB” lettering in black Nomex ® thread on left chest.

Vest shall be compliant with NFPA 2112 See photo in Appendix A.

Yellow S - 3XL Black

Fire Resistant, Fleece Portage Jacket Brand: Carhartt or equivalent

Navy blue, flame resistant, fleece jacket with full zipper. Items shall be available in sizes S-3XL. Jackets shall be compliant with NFPA 2112.

Items shall be customized to include CSB seal embroidered in Nomex ® threads on left chest. Seal includes nine (9) thread colors. Customization also includes an American flag on right arm, and 6” letters “CSB” embroidered in gold Nomex ® on the back. See photos in Appendix A.

Navy S – 3XL CSB:

Seal:

white, black, red, blue, gold, light brown, dark brown, light gray, dark gray

MOCK-UPS

Within three (3) weeks of purchase order award, the Contractor shall provide, to the CSB Washington, DC, office:

A mock up of each item before it is produced and collaborate with the COR to make any necessary adjustments to customization. No variations in customization shall be made at any time after the initial COR acceptance without approval from the COR.

If the Contractor requests a variation from the customization approved, the Contractor shall first receive acceptance from the COR before proceeding. Any costs associated with customization changes at the Contractor's request after the initial COR acceptance will be at a cost to the Contractor.

If changes to customization are requested by CSB after final approval, CSB will be responsible for any costs associated with these changes.

Following the initial mock-up acceptance by the COR, the Contractor shall maintain the same specification and quality for all items ordered.

PERFORMANCE MONITORING

The COR will monitor the contractor's performance, delivery, and quality of items provided by inspection and documenting the Contractor's adherence to the requirements as described in this order.

CONTRACT TYPE:

Firm-fixed price purchase order based on firm fixed prices of individual items.

CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any government employee other than the appointed Contracting Officer on any contract modifications, change orders, letter or verbal direction (other than direction within the scope of the COR’s authority) to the Contractor be effective or binding upon the government. All such actions must be formalized by the proper contract modification executed by the appointed Contracting Officer. The Contractor is hereby put on notice in the event a government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation.

Appendix A: Photos of Current Uniform Customization

NSA FR Coverall – 7.0 oz Ultra Soft (brand name or equivalent) Customization: right arm (flag), left chest (CSB), back (CSB)

NSA Deluxe Insulated Coverall (brand name or equal)

NSA Hi Viz FR Safety Vest (brand name or equal) Customization: Left chest (CSB)

NSA FR Parka in Indura Ultrasoft

ARC H2O 30” Jacket & ARC H2O Pant Customization: NONE

Carhartt FR Fleece Portage Jacket (brand name or equal) Customization: left chest (seal only); back (CSB); right arm (flag)

NOTE: Photos provided for reference for customization only; proposed items must be fleece, flag will be on the right arm, and no words will be embroidered under the seal on the left chest.

Provisions

52.212-1 Instructions to Offerors—Commercial Items (Jul 2013).

(a) North American Industry Classification System (NAICS) code and small business size standard.

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

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

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.

one working day prior to the date specified for receipt of offers; or

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

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

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

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

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

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

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

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

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

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

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

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

(i) ASSIST (http://assist.daps.dla.mil).

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

(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 (http://assist.daps.dla.mil/wizard);

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

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

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

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

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items (NOV 2013).

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

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

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

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

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

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

7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database 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, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-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 that it o is, o is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) HUBZone 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—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the…