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 20006

SUITE 910

1750 PENNSYLVANIA AVE NW

CSB

CSB CODE 16. ADMINISTERED BYCODE

X

X

X

541330

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCSB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

SMALL BUSINESS

06/09/2017 1700 ET

05/24/2017

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-17-0020

5. SOLICITATION NUMBER

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

1 2 CSB-1I25-17-0013OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20006

SUITE 910

1750 PENNSYLVANIA AVE NW

CHEMICAL SAFETY & HAZARD INVESTIGAT

CSB

15. DELIVER TO

Washington DC 20006 Suite 910

1750 PENNSYLVANIA AVE NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

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

NAICS:

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

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

12.6. 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 2005-95.

This action is set aside 100% for Small Business.

An offeror must be actively registered in the

(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.

McCormickA Typewritten Text 5/31/2017

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.

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20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

System for Award Management (www.sam.gov) as a small business at the time of award to accept an award. Contractors will also be required to use the Invoice Processing Platform (www.ipp.gov) to submit all invoices for payment related to this contract.

The government intends to award a time and materials labor hour contract with firm fixed hourly rates plus allowable travel expenses in accordance with the Federal Travel Regulation

(www.gsa.gov/federaltravelregulation) on a best value basis resulting from this solicitation. The government intends to make an award without negotiations but reserves the right to conduct negotiations should the need arise.

Period of Performance: 06/19/2017 to 09/30/2017

0001 Metallurgical Failure Analysis

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

52.212-1 Instructions to Offerors – Commercial Items (Jan 2017).

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 proposals received by the government to the attention of Amy McCormick at contracts@csb.gov or mailed to U.S. Chemical Safety Board, 1750 Pennsylvania Ave NW, Suite 910, Washington, DC 20006, by 5:00 pm EDT on Friday, June 9, 2017, will be evaluated.

All questions about the solicitation should be directed to Amy McCormick at contracts@csb.gov by Monday, June 5, 2017, at 5:00 pm EDT.

The government anticipates that award will be made without negotiations but reserves the right to negotiate if necessary.

All offerors must be certified in the System for Award Management (SAM) at www.sam.gov as a small business at the time of contract award.

An offeror must submit each of the following as part of a complete proposal package. Each section must be independent of one another and there must be no duplication of information.

The total written proposal package including cover page, proposed consultant technical capabilities, past performance, and price proposal may not exceed 10 pages in length. Therefore, the proposal package must contain 1-10 written pages (single- or double-spaced, 10-point font minimum).

1) Cover Page – including the following information, at minimum

a) Company Name as it appears at www.SAM.gov

b) Company Address

c) Company DUNS Number

d) Company GSA Schedule, if applicable

e) Company Point of Contact (POC) for acquisition including name, title, phone number, and email

2) Price Proposal

i) Fixed hourly rates for labor categories proposed for contract

ii) Estimated total cost for completion of project, including but not limited to:

(1) Estimated number of hours for each labor category

(2) Material costs to complete contract

(3) Estimates for travel to Wentzville, MO

3) Non-Price Proposal

a) Technical Approach

b) Résumés

c) References for Past Performance mailto:contracts@csb.gov http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/

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. Non-price factors are more important than price. 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.

Non-Price Proposal Evaluation Factors:

• Technical Capabilities: The offeror will provide a detailed proposal including the technical capabilities of the Contractor’s proposed consultant for carrying out the services as described in the PWS. This plan must demonstrate how the offeror will use sound business practices, qualified personnel, in-depth knowledge and experience, and communication skills to carry out the tasks listed in the PWS. The technical capabilities will be evaluated based on logic, efficiency, organization, and the demonstration of the offeror’s ability to effectively perform services and help the CSB achieve its goals.

• Résumés: The résumés for key personnel will be evaluated for experience related to the work described in the PWS.

• Past Performance: The offeror will provide two (2) references for services completed similar to those found in the PWS. References will 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.

Weights to be Given to the Evaluation Factors

Evaluation Factor Weight (%)

Technical Approach 30

Résumés 30

References for Past Performance 10

Price Proposal 30

PERFORMANCE WORK STATEMENT

Investigation Support Services (Metallurgical Failure Assessment Consultant) for Loy-Lange Box Company Incident of April 3, 2017

May 31, 2017

1. BACKGROUND:

The Chemical Safety and Hazard Investigation Board (CSB) is an independent U.S.

Government agency with the mission of investigating chemical accidents and hazards and recommending actions to protect workers, the public, and the environment. The CSB’s scientific investigations support efforts by government, industry, labor, and communities to prevent chemical accidents. The agency was created by the Clean Air Act Amendments of 1990, and was first funded and commenced operations in 1998. The CSBs core mission activities include conducting accident investigations; formulating corrective or preventive recommendations based on investigation findings and advocating for their implementation; issuing reports containing the conclusions, findings, and recommendations arising from accident investigations; and conducting studies on chemical hazards.

2. INCIDENT BACKGROUND:

The CSB is assessing a steam explosion that occurred on April 3, 2017, in St. Louis, Missouri. The bottom head of a 510-gallon steel vessel called a semi-closed receiver (SCR) failed. The remnants of the bottom head of the vessel looks severely corroded while the shell of the vessel, even the part directly adjacent to the severely corroded head, looks nearly pristine.

DESCRIPTION OF THE VESSEL:

The vessel was reportedly constructed of ¼ inch thick SA-516 grade 70 steel in 1997. The vessel has a 30 inch outside diameter, and the shell is 16 feet long. The vessel was designed with 2:1 elliptical heads welded to the shell, manufactured from the same grade of steel. The thickness of the heads after forming was originally 0.22 inches. There was no corrosion allowance for the shell or heads. The vessel stood vertically on an approximately 2-foot-high skirt.

In 2012, operators noticed water coming from beneath the skirt of the SCR. They cut a large access hole in the skirt with a torch and discovered that the bottom head was leaking. An R-stamp-holding repair company was contracted to do an emergency repair. They supported the SCR on three temporary legs and cut off the bottom head and skirt at the head-to-shell circumferential weld. They then cut a 24 inch circle from the center of the bottom head, and welded in a new 24 inch steel "tank circle." It appears that the "tank circle" was shop-formed by the repair company from steel plate. It was not a section cut from a donor 2:1 elliptical head. The skirt and partially replaced bottom head were then field welded back to the SCR shell using a 1 inch by 1/4 inch backer ring behind the weld. The R-1 for the job states that this backer ring was a replacement in kind.

This procedure left an approximately 5- to 6-inch ring-shaped portion of the original head between the original SCR shell and the new "tank circle." The failure appears to be a total failure of this ring-shaped remnant of the old head. We have good access to the remaining ring of old head material still attached to the vessel. There appears to be four distinct area. In the remaining ring material, there are three bands of different color. And on the shell side of the backer bar, the shell material, subjected to the same process and original to the 1997 construction, appears to be only very mildly corroded.

3. OBJECTIVE:

The objective of this solicitation is to obtain the consultation services of a metallurgical expert with particular expertise in metallurgical damage assessment.

4. CAPABILITIES:

Contractor must possess experience related to metallurgical failure analysis associated with failure mechanisms for carbon steel used in water and steam service. Certifications held by employees that are to perform the scope of work shall be included in the response to this work statement.

5. SCOPE OF WORK:

The objective of this procurement is to obtain the services of an expert to provide advice on specific engineering and technical issues in metallurgical failure mechanisms. As part of this procurement, the contractor shall:

• Travel to Wentzville, MO.

• Conduct a preliminary examination of the subject pressure vessel, and remnants of the bottom head of this vessel.

• Review evidence provided by the CSB to further understand possible failure modes.

• Provide recommendations to the CSB on further documentation to obtain to aid in the diagnosis of probable failure modes.

• Advise the CSB on where and how to collect metal samples for further laboratory testing (i.e. where to cut the vessel, and what type of tool should be used to make the cut).

• Identify the material(s) of construction of the heads, the “tank circle,” and the shell of the vessel.

• Write a brief report describing apparent corrosion mechanism(s) and failure mode of the SCR supported by evidence from metallurgical, chemical, and possibly other analyses. Include possible explanations for the distinct differences in damage between the original shell and head material.

Before performing any task, the contractor shall advise the COR of its plan and methodology for the task, and obtain the COR’s approval of such plan and methodology.

The contractor shall provide all equipment required to perform the work under this contract.

6. DELIVERABLES:

1. A brief written proposal of where and how to cut the subject vessel and/or bottom head remnant. If possible, this proposal should allow several other parties to collect similar samples. For each sample listed, include a recommendation for the type of metallurgical testing to be performed, with a brief justification.

2. A written report detailing the apparent corrosion mechanism(s) on the vessel and bottom head remnant, and the failure mechanism apparent from fracture surfaces or other evidence. Include possible explanations for the distinct differences in damage between the original shell and head material.

All written deliverables required by this Performance Work Statement shall be in MS Word or another MS Office format. All information collected and created by the contractor will become the property of the CSB and a part of the CSB’s case file for the investigation.

7. TIMETABLE:

Upon receiving notice to proceed from a CSB contracting official, the contractor shall immediately contact the COR, who will coordinate the commencement of performance.

The COR, in coordination with the contractor, will develop a timetable for individual tasks. The estimated period of performance for this task order is two to four weeks from date of award. Approximately one to three days of this shall involve travel and initial vessel examination, and one to four weeks shall be work conducted at the contractor’s office and/or laboratory. Delays may occur between tasks as all parties work to reach an agreement about the examination and testing protocol. The COR will notify the Contractor of any anticipated delays or schedule changes.

8. PROGRESS REPORTS:

Throughout the entire period of performance under this contract, the contractor shall provide weekly progress reports to the COR. Each report shall include the following information to the extent to which it is applicable for the reporting period:

• Summary of task assignments finished, and deliverables completed and delivered, during the reporting period.

• Summary of labor hours expended and hourly fees billed, for the reporting period and cumulatively (must be provided in writing).

• Itemized summary of any non-labor costs billed to CSB for the reporting period and cumulatively (must be provided in writing).

In addition to the weekly progress reports, the Contractor shall promptly report to the COR any noteworthy accomplishments, significant problems, and/or other matters requiring immediate attention. The COR may ask the Contractor for informal progress updates at any time.

9. PAYMENT:

The contractor shall invoice the CSB for payment at the end of the period of performance.

Payment will be authorized upon the COR's determination that the work covered by the invoice has been performed and received, and meets the requirements set forth in this work statement.

10. CONTRACT TYPE:

This will be a time and materials labor hours contract plus allowable travel expenses in accordance with the Federal Travel Regulation (FTR), available on the internet at www.gsa.gov/federaltravelregulation. In accordance with the FTR, the contractor must exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business. The contractor must submit receipts for all expenses (other than meals and incidental expenses which are covered by the per diem allowance described in the FTR). Any travel expenses that exceed those allowed by the FTR shall be approved in writing by the COR prior to travel.

Any work performed or expenses incurred by the contractor that are outside the scope of the work statement and/or in excess of the maximum order amount stated in the contract award document shall be at the contractor's sole risk and will not be paid for by the CSB.

11. 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 http://www.gsa.gov/federaltravelregulation.

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.

12. CONFIDENTIALITY:

Prior to commencing performance, the contractor will be required to complete a confidentiality agreement with the CSB.

13. ADDITIONAL TERMS:

Performance under the contract will be subject to the following additional terms, which are hereby incorporated into the contract:

13.1 Public Release of Information

Contractor shall submit any proposed public release of information pertaining to its work for the CSB to the General Counsel of the CSB for approval prior to release. No such information shall be released by Contractor without prior written approval from the CSB General Counsel.

13.2 Personnel Security Requirement

Contractor, and selected Contractor personnel, shall complete and sign a non- disclosure agreement as a condition for granting Contractor, and selected Contractor personnel, access, or potential access, to trade secret and confidential business information.

13.3 Contractor Testimony

Contractor shall immediately report to the General Counsel of the CSB any and all requests for the testimony of Contractor and/or its personnel, and any intention to testify as a witness relating to: (a) any work required by and/or performed for the CSB; (b) any information or data produced by Contractor in the course of its work for the CSB; or (c) any information provided by any individual or entity to assist Contractor in performing work for the CSB. All requests for testimony of Contractor and/or its personnel that fall within the scope of 40 C.F.R. part 1611 shall be handled in accordance with the provisions of that regulation.

13.4 Organizational Conflicts of Interest

a. Contractor, its personnel, and any other person or entity performing work for Contractor on behalf of the CSB, shall execute a certification of non-conflict of interest. Such executed certification constitutes the signatory’s acknowledgement that he/she has read and understood the requirements of this clause and agrees to abide by its terms.

b. Contractor and its personnel performing work for the CSB under this contract should not be placed in a conflicting role because of current or planned interests (whether financial, contractual, organizational, or otherwise), which relate to the work performed under this contract, nor should Contractor obtain an unfair competitive advantage over other parties by virtue of its performance under this contract.

c. Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or in the alternative, warrants that it has fully disclosed all such relevant information. Additionally, during the term of this contract, Contractor agrees to forego entering into any other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. Contractor shall ensure that all agents, employees, and subcontractors retained for any purpose under this contract abide by the provisions of this entire clause. If Contractor has reason to believe, with respect to itself or any of its agents, employees, or subcontractors, that any proposed contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officer and the General Counsel of the CSB before the execution of such contractual arrangement.

d. Contractor further agrees that if, after it commences work for the CSB, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer and the General Counsel of the CSB. It is agreed that this disclosure will include a description of the action that Contractor has taken or proposes to take to avoid or mitigate the conflicts. Contractor shall continue performance until notified by the Contracting Officer of any contrary and/or supplemental action to be taken.

e. It is the specific responsibility of Contractor to ensure that any and all subcontractors, and any subcontractors' employees, are free from conflicts of interest. Contractor warrants that no subcontractors already identified, or any of their subcontractors' employees, have an identifiable conflict of interest. It is further agreed that, in the event a conflict of interest is discovered after award of the subcontract, the same rules for disclosure, and all of the same remedies open to the CSB, described below, remain binding. Contractor further agrees to insert in each subcontract or agreement done in furtherance of this contract, provisions which shall conform substantially to the language of this entire clause.

f. During the period of performance under this contract, and for six months thereafter, Contractor specifically agrees not to represent, assist, be employed by, or otherwise perform any services or functions for Loy-Lange Box Company (“LLBC”), FM Global, Clayton Industries, and Chicago Boiler or for their agents, insurers, or successors in interest (but only to the extent that work for such agents, insurers, or successors in interest would pertain to the April 3, 2017, incident at the LLBC facility in St. Louis, Missouri).

g. Notwithstanding the immediately foregoing prohibitions, the Contracting

Officer and the General Counsel of the CSB may authorize Contractor to solicit or perform this general type of work if the Contracting Officer and the General Counsel determine that the situation will not pose a potential for bias or unfair competitive advantage, and that the Contracting Officer and the General Counsel of the CSB approve of the proposed solicitation or work.

h. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant conflicts of interest required to be disclosed concerning this contract, or for such erroneous representations that necessarily imply bad faith, the CSB may terminate the contract for default, disqualify Contractor from subsequent contracts, and pursue other remedies permitted by law or this contract. Notwithstanding these remedies, however, the CSB may always terminate the contract for convenience, in whole or in part, if termination is in the best interests of the government.

13.5 Proprietary Rights

Contractor agrees that all property rights, including publication rights, in the information and materials produced by Contractor for the CSB shall vest in the government.

Information and materials shall include, but not be limited to: progress reports, source data, plans, systems analyses, reports, extracts, test data, and procedures. Contractor shall not publish any of the results of its work for the CSB without the prior written approval of the General Counsel of the CSB.

I – Contract Provisions

52.212-1 Instructions to Offerors—Commercial Items.

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

INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

(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, including alternative line items (provided that the alternative line items are https://www.acquisition.gov/far/html/Subpart%2012_3.html#wp1084399 https://www.acquisition.gov/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/FormsStandard67.html#wp1189284 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.

(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 exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

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 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) 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.

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

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017)

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

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits https://www.acquisition.gov/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/far/html/www.sam.gov https://www.acquisition.gov/far/html/www.sam.gov https://www.acquisition.gov/ https://www.acquisition.gov/far/html/Subpart%2012_3.html#wp1084399 https://www.sam.gov/portal determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or

State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws.

It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations.

The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for– https://www.acquisition.gov/far/html/www.dol.gov/fairpayandsafeworkplaces http://uscode.house.gov/

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam

Era Veterans’ Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

(6) 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

(7) 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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

http://uscode.house.gov/ http://uscode.house.gov/

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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.

“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”— https://www.acquisition.gov/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

(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…