Attachment_II-OSP.pdf
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- Solicitation number
- SPE603-19-R-0505
- Issued by
-
Defense Logistics Agency Energy
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Attachment II- Offeror Submission Package (OSP) SPE603-19-R-0505
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME 8. OFFER DUE DATE/
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
0074898493 37
SPE603-19-R-0505
JENNIFER WALSH
b. TELEPHONE NUMBER (No collect calls)
571-767-9199
SPE603
See Schedule RFP/OSP Section B: Supplies/Services and Prices/Cost
See Block 9
Defense Finance & Accounting Service - Columbus Center Fuels Payment Division, Services Commodity/JAQBAD P.O Box 182317 Columbus, OH 43218-2317 Fax: (614) 693-2360
See Schedule
541380
$15,000,000.00
DATE
2018 NOV 20
LOCAL TIME
2019 JAN 02
12:00 P.M.
DLA Energy - FESDB 8725 John J. Kingman Road, Suite 2843 Fort Belvoir, VA 22060-6222 Buyer/Office: Jennifer Walsh-DLA Energy jennifer.walsh@dla.mil
SL4701
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
SPE603-19-R-0505, OFFEROR SUBMISSION PACKET (OSP)
EUROPE and AFRICA REGION LAB TESTING SERVICES
OFFEROR SUBMISSION
PACKAGE
LABORATORY TESTING SERVICES
EUROPE & AFRICA REGION
SOLICITATION
SPE603-19-R-0505
TO BE TIMELY, OFFERS MUST BE RECEIVED AT DLA ENERGY
BY
JANUARY 2, 2019 AT 1200 PM LOCAL FORT BELVOIR, VA TIME
INSTRUCTIONS:
1. The original and one (1) PDF electronic copy of this Offeror Submission Package must be returned to the Defense Logistics Agency - Energy with your offer. All documents to be completed and returned are contained in this package.
See FAR 52.212-2 Evaluation -- Commercial Items (OCT 2014)/ADDENDUM to FAR 52.212-2, FAR 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018))/ADDENDUM to FAR 52.212-1 of the solicitation for additional information to be submitted.
2. Check offered prices in Section B for accuracy and legibility prior to submission. Initial all changes, sign, and date the Standard Form 1449 (SF 1449) in blue or black ink.
3. Facsimile proposals are NOT authorized. Please ensure that labels on overnight mailings clearly show the solicitation number and are addressed to the Bid Custodian at the address of the Request for Proposal.
4. By submission of this package, you are stating that all terms and conditions of the solicitation are accepted and apply to your offer unless clearly stated herein on a separate sheet.
ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS
Subject: Solicitation: SPE603-19-R-0505 or Laboratory Testing Services in the Europe and African Region.
Attached is the Request for Proposal Number SPE603-19-R-0505, Laboratory Testing Services in the Europe and Africa Region. Complete details concerning the proper submission of proposals are contained in the Standard Form 1449, Solicitation/Contract/Order for Commercial Items.
This solicitation will be issued utilizing Full and Open Competition IAW FAR 6.2. Award(s) will be made by location. The Government intends to evaluate all proposals submitted.
Discussions may will be held with all responsible offerors with proposals determined to be within the competitive range.
Proposals will be evaluated on the basis of the lowest priced technically acceptable proposal meeting or exceeding the acceptability standards of all non-cost factors. There may be several awards made from this one solicitation, consequently performance start dates and times will vary. Estimated start date for locations identified in C-1.0-1 Service Locations of the Statement of Work (SOW) may begin as early as May 2019.
THE FOLLOWING ITEMS REPRESENTS VOLUME II OF THE OSP THAT SHOULD
BE RETURNED IN RESPONSE TO THIS SOLICITATION:
Offer Submission Package (OSP):
OSP Submission Requirement – One PDF electronic copy of the OSP MUST be submitted by the Offeror.
1) Section I
a) Cover Page –
Offerors shall submit a cover page providing the following information regarding the offeror: (1) RFP Number; (2) Proposal Title; (3) Technical Point of Contact, including name, telephone number, FAX number, e-mail address, and mailing address; (4) Administrative/Contracting Point of Contact, including name, telephone number, FAX number, e-mail address, and mailing address; and (5) if proposing as a team, or sub-contractor arrangement, offeror MUST provide a summary of the responsibility of each teaming partner and sub-contractor.
b) SF 1449 and Amendments –
Offerors shall provide a signed copy of the SF 1449 and all posted amendments in this section. Offeror should ensure the CAGE CODE and DUNS Numbers are placed in Block 17A and complete blocks 30A, 30B, and 30C. Finally, the offeror should sign and date in blue or black ink while ensuring that all changes made are initialed.
c) Exceptions – Unless otherwise stated, an offer is assumed to accept all Terms and Conditions of this solicitation. Any exceptions to any part of this solicitation MUST be specifically identified in the cover letter of the proposal. If no exceptions are being taken to the Terms and Conditions of the Solicitation, offerors shall state so in an affirmative statement in this section.
d) Representations and Certifications – Offerors shall include a completed copy of the provisions to include FAR 52.212-3 –
OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS
(OCT 2018) ALTERNATE 1 (OCT 2014) provided in Attachment II – Offeror Submission Package, for the offeror’s convenience.
2. Section II – PRICE
The offeror is required to submit a price proposal for Contract Line Items as stated in the Statement of Work under Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES OR COSTS (DLA ENERGY FEB 1991). Offerors shall submit a completed Price Sheet (see Attachment III). Price sheets shall include unit prices for all tests for each location an offeror is proposing. Review offers thoroughly to ensure prices and extended prices have been inserted and are correct. DO NOT SUBMIT PRICING ON YOUR COMPANY LETTERHEAD. For additional information, refer to FAR 52.212- 1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS of the solicitation.
FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to:
bidcustodian@dla.mil, Jennifer.walsh@dla.mil and CC Nakia.Shaw@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of three volumes as outlined below) NO LATER THAN (10) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Unless you specifically state otherwise, your offer is assumed to accept all Terms and Conditions of this Solicitation. Any exceptions to any part of this Solicitation MUST be specifically identified in a cover letter to your proposal.
Any material (i.e. Brochure or presentation) beyond those sufficient to present a complete and effective response to his solicitation, are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, expensive visual and other presentations are not required.
Care should be taken to mail correspondence relating to this Solicitation or resulting Contract to the appropriate office as indicated in the applicable clauses.
SYSTEM FOR AWARD MANAGEMENT DATABASE: All Contractors must be registered in the System for Award Management (SAM) database. An offeror that is not registered in SAM will be ineligible for award as described in FAR 52.204-7.
mailto:Jennifer.walsh@dla.mil mailto:Nakia.Shaw@dla.mil.
(a) The offeror is requested to enter its CAGE code, company name and address on its offer in block 17A of the SF1449. The offeror name and address must match the name and address for the submitted CAGE code.
(b) If the Offeror does not have a CAGE code, one can be obtained at the SAM website at http://www.sam.gov.
(c) Do NOT delay submission of the offer pending receipt of a CAGE code.
3. QUESTIONS RELATING TO THIS SOLICITATION: Questions should be submitted via email to jennifer.walsh@dla.mil and Nakia.Shaw@dla.mil no later than 12:00 P.M. Fort Belvoir time on Wednesday, December 12, 2018. Please note the solicitation number in the subject line of your email.
Below is the address to submit the Technical Proposal, OSP and Price Proposal and Past Performance Questionnaires in accordance with Section L – Instructions, Conditions and Notices to Offerors of the solicitation:
US Post Office/US Post Office Express Mail offer only
Hand Carried/Courier Delivery Service only:
ATTN: DLA Energy-FESBB, Bid Custodian Room 2843 Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 2843 Fort Belvoir, Virginia 22060-6222
ATTN: DLA Energy-FESDB, Bid Custodian Room 2843 Jennifer Walsh /Telephone: 571-767-9199 Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 2843 Fort Belvoir, Virginia 22060-6222
DLA Energy- FESBB is the designated office for receipt of offers. Offerors shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED
UNDER SOLICITATION SPE603-19-R-0505”.
FOR VERIFICATION OF RECEIPT: Contact at jennifer.walsh@dla.mil. DO NOT
CONTACT THE PROCUREMENT OFFICIAL ISSUING THE SOLICITATION FOR
VERIFICATION OF RECEIPT.
http://www.sam.gov/ mailto:shane.banks@dla.mil mailto:Nakia.Shaw@dla.mil mailto:shane.banks@dla.mil
Table of Contents
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
B-0001- B.34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)
SECTION C - SPECIFICATIONS/SOW/SOO/PWS
SECTION E – INSPECTION AND ACCEPTANCE
ENERGY QAP E34 TEST FOR SULFIDES IN WATER
SECTION G – CONTRACT ADMINISTRATION DATA
G-0001 - G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)
G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER
SYSTEM (DLA ENERGY JAN 2012)
SECTION I – CONTRACT CLAUSES
52.204-8 ANNUAL REPRESENTATION AND CERTIFICATION (JAN 2018)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2018)
K-0001-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)
K-0003 - K86 FOREIGN TAXES (DLA ENERGY NOV 2014)
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
B-0001- B.34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)
The services to be furnished during the period specified herein and the unit prices are as follows:
CONTRACT LINE ITEMS 0001-0009: EUROPE and AFRICA REGION LAB TESTING CONTRACT LINE ITEMS 0010-0018: EUROPE and AFRICA REGION LAB TESTING
PERIOD OF PERFORMANCE:
CLIN 0001-0009 TWO (2) YEAR BASE
PERIOD
MAY 20, 2019 through MAY 19, 2021*
CLIN 0010 – 0018 ONE (1) TWO (2) YEAR
OPTION PERIOD
MAY 20, 2021 through MAY 19, 2023
NOTE: The Djibouti Africa Lab Testing Services Award will have a (20) month base period effective October 1, 2019 – May 19, 2021.
AREAS OF CONSIDERATION:
As mentioned in Section C-1.0.1 of the SOW service locations are listed below. Refer to SOW for more detail.
Desired Contractor Location *Djibouti, Free Zone Augusta, Sicily Cyprus Rota, Spain Mersin, Turkey Shannon, Ireland
*The Djibouti Africa Lab Testing Services Award will have a (20) month base period effective October 1, 2019 – May 19, 2021
Awards may be made by location. Multiple awards may result from the subject solicitation with a potential award for each of the locations in the Area of Consideration. Offerors ARE REQUIRED to submit a completed price sheet, to include both periods, for EACH location being proposed. Pricing for the proposed location(s), to include both periods, shall be provided on Attachment 3, Price Sheet, of solicitation SPE603-19-R-0505. Estimated quantities are provided on the price sheet per location.
NOTE: The CLIN structure below is for example purposes only. The actual CLIN numbers will vary as EBS system constraints allow only for sequential numbering and CLIN structure maybe affected by the number of resultant awards.
TWO-YEAR BASE PERIOD - The prices for the services and facilities provided for laboratory testing, sampling, and transportation services in Europe and Djibouti, Africa; performing a two-year base period as described in the Statement of Work (SOW) by means of the following:
CONTRACT LINE ITEM NUMBER (CLIN)
CLIN 0001 COMMERCIAL LAB TESTING JET A-1
CLIN 0002 COMMERCIAL LAB TESTING JP-5
CLIN 0003 COMMERCIAL LAB TESTING F-76
CLIN 0004 COMMERCIAL LAB TESTING JP-8
CLIN 0005 COMMERCIAL LAB TESTING AVGAS
CLIN 0006 COMMERCIAL LAB TESTING JPTS
CLIN 0007 COMMERCIAL LAB SAMPLING
CLIN 0008 FUEL SAMPLE TRANSPORTATION
CLIN 0009 FUEL SAMPLE SHIPPING
TWO-YEAR OPTION PERIOD - The prices for the services and facilities provided for laboratory testing, sampling, and transportation services in Europe and Djibouti, Africa contingent upon exercising a TWO-YEAR OPTION period as described in the Statement of Work (SOW) by means of the following:
CONTRACT LINE ITEM NUMBER (CLIN)
CLIN 0010 COMMERCIAL LAB TESTING JET A-1
CLIN 0011 COMMERCIAL LAB TESTING JP-5
CLIN 0012 COMMERCIAL LAB TESTING F-76
CLIN 0013 COMMERCIAL LAB TESTING JP-8
CLIN 0014 COMMERCIAL LAB TESTING AVGAS
CLIN 0015 COMMERCIAL LAB TESTING JPTS
CLIN 0016 COMMERCIAL LAB SAMPLING
CLIN 0017 FUEL SAMPLE TRANSPORTATION
CLIN 0018 FUEL SAMPLE SHIPPING
SECTION C - SPECIFICATIONS/SOW/SOO/PWS
The Statement of Work (SOW) is incorporated by reference as if fully set forth herein. Refer to Attachment I of the solicitation.
SECTION E – INSPECTION AND ACCEPTANCE
ENERGY QAP E34 TEST FOR SULFIDES IN WATER
The Quality Assurance Provisions (QAP) listed in this section is hereby incorporated in full text under Attachment VI of this solicitation.
SECTION G – CONTRACT ADMINISTRATION DATA
G-0001 - G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA
ENERGY JAN 2017)
Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY
ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR
REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items.
In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(b) Check Remittance Address:
(DO NOT EXCEED 30 CHARACTERS PER LINE)
(c) Narrative Information (special instructions).
(DO NOT EXCEED 153 CHARACTERS)
G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL
RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.
(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this contract text must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR
PRINTING)
RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)
CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in)
RECIPIENT’S CAGE CODE: __________________
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT’S DUNS NUMBER: ______________________________________
BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(DO NOT EXCEED 25 CHARACTERS)
BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________
BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |
(EITHER 8 OR 11 CHARACTERS ONLY)
IBAN NUMBER: ______________________________________
BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM
ONLY)
(6 CHARACTERS ONLY)
(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER
INFORMATION.
NAME | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE _______________________________________________________
(e) Notwithstanding any other provision of the contract, the requirements of this contract text shall control.
SECTION I – CONTRACT CLAUSES
52.204-8 ANNUAL REPRESENTATION AND CERTIFICATION (JAN 2018)
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is __541380__ .
(2) The small business size standard is_$15.0 M__.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I).
This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.
This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
___ (i) 52.204-17, Ownership or Control of Offeror.
___ (ii) 52.204-20, Predecessor of Offeror.
___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vii) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date].
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.
FAR Clause Title Date Change
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 on SAM.
(End of Provision) https://www.acquisition.gov/
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision—
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options;
and;
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management via https://www.sam.gov (see 52.204-7).
(End of provision)
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL
ITEMS (OCT 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) 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—
(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.
https://www.sam.gov/
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] 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 [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(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 [_] is, [_] 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 [_] is, [_] 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 [_] is, [_] 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 [_] is, [_] 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.
(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 [_] 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) 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 [_] is, [_] 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 [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(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 [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).
(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
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