SPM8EC11R0001 amendment 0002.pdf

II. CONTRACT ID CODE IPAGlE

OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I ~

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 14.

REQUISITION/PURCHASE REQ. NO. 15. PROJECT NO. (If" applicable)

0002 2011 AUG 26

~PMl;F.l

7. ADMINISTERED BY (If other than Item 6) CODE I

6. ISSUED BY CODE

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT (SUP CHN)

700 ROBBINS A VENUE

PHILADELPHIA PA 19111-5096

Initiator: Darrell Moresi

PEPCDA2 (215)737-7250 I FAX: (215)737-0396

E-mail: darrell.moresi@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (No., street, citv, countv. State and ZIP Code) ~

9A. AMENDMENT OF SOLICITATION NO.

SPMSEC-11-R-0001

X 9B!A"AIJ:J :;;;) QJ~ J I

lOA. MODIFICATION OF CONTRACT/ORDER NO.

JOB. DATED (SEE ITEM 13)

CODE I FACILITY CODE

~ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended,

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

~ is not extended.

Offeror must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment, and i~ received prior to the closing hour and date specified.

12. Accounting and Appropriation Data (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

_Q2_ A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM lOA.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc). SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification ami authority)

E. IMPORT ANT: Contractor D is not, D is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized hy UCF section headings, including solicitation/contract subJect matter where feasible.)

l

1. The purpose of this amendment is to clarify FAR 52.212-1 Instructions to Offerors- Commercial Items and FAR 52.212-2 Evaluation- Commercial Items.

2. Pages 46 thru 57 of the solicitation are hereby deleted and replaced by pages 3 and 14 of this amendment.

3. Page 8 of the solicitation, Dealers paragraph, add the following sentence. If a dealer/su_Pplier other than the manufacturer receives a contract under this sohc1tation but becomes unable to perform the OEM would not assume the dealer/supplier's contract, the OEM or a'nother dealer

CONTINUED ON FOLLOWING PAGE(S)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or I OA, as heretofore changed. remains unchanged and in full force and effect.

\SA. NAME AND TITLE OF SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR

fSienature ofoerson authorized to sienl

NSN 7540-01-152-9070

PREVIOUS EDITION UNUSABLE

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(SiJ!nature of ContractinJ! Officer)

PerFORM (DLA)

16C. DATE SIGNED

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

CONTINUATION SHEET JReference Number of Document Being Continued:

I SPMBEC-11-R-0001-0002

wwould have to submit its own proposal under the Continuous Solicitation provision.

4. Page 19 add the following clause Inspection and Acceptance at Origin (AUG 2007)-DLAD. See pages 15 and 16 of this amendment.

SPM8EC11R0001, amendment 0002

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(5) 252.247-7024, Notification of Transportation of Supplies by Sea (Mar 2000) (10 U.S.C. 2631).

DOCUMENTS, EXHIBITS, OR ATTACHMENTS

STATEMENT OF WORK

DLA Troop Support intends to award contracts for the supply of Material Handling Equipment (MHE) to the military services and federal agencies. Contracts will be awarded to individual contractors for their offered line of material handling equipment.

Product lines can include but not be limited to:

• Forklifts that may include ICE, Electric, Rough Terrain, All Terrain, pallet trucks, order pickers, sideloaders, swinglifts

• man lifts

• platform lifts

• scissor lifts

• telescopic boom lifts

• articulating boom lifts

• reach stackers

• container handlers

• tow tractors

• warehouse tractors

Product lines will also include “incidental service and support” for each machine. This incidental service and support can include but should not be limited to operator training, operator certification training, service plans, spare parts support, video packages, extended warranty agreements, and any additional value-added incidental services that the manufacturer or his certified representative can offer in support of fleet maintenance and lifetime equipment support. This incidental service and support may only be ordered at the time the new equipment is ordered. This support cannot be ordered as a stand alone item.

DLA Troop Support will award only one contract per manufacturer product line. It is intended to issue multiple Requirements Contracts to responsible vendors that conform to the technical requirements contained within this solicitation and whose prices are determined fair and reasonable. After the initial contracts are awarded, customer MHE requirements described by federal specifications, commercial items descriptions, or other commercial descriptions will be competed among all contract holders, and each contract holder will be afforded a fair opportunity to submit a quotation. In instances where only certain specified equipment will meet the customer's needs, or only one contract holder offers the required equipment, Limited Source Justifications will be executed, and only those contract holders offering the specified equipment will be solicited.

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FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(JUNE 2008)

(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 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product Samples.

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

(e) Multiple Offers.

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

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(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

6 | P a g e 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 Index of Federal Specifications, Standards and Commercial Item Descriptions and the documents listed in it may be obtained for a fee by submitting a request to:

GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 ((202) 619-8925) (Fax (202) 619-8978)

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

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

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

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

(iii) ASSISTdocs.com (http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by --

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard );

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

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

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

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

The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. 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 CCR database prior to award, during performance and through final payment of any http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch http://assistdocs.com/ http://assist.daps.dla.mil/wizard http://fedgov.dnb.com/webform

7 | P a g e contract resulting from this solicitation. If the Offeror does not become registered in the CCR 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 internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(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.

1. Addendum to 52.212-1(b) Submission of offers.

See Standard Form 1449 (Continuation Sheet), on page 3, for any specific instructions on how to submit your offer if mailed, hand carried or faxed (when authorized).

Faxed offers are NOT authorized for this solicitation.

2. Addendum to 52.212-1(c) Period for acceptance of offers.

Period of acceptance is 150 days.

3. Addendum to 52.212-1(e) Multiple offers.

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

4. Addendum to 52.212-1(g) Contract Award.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

5. Addendum to 52.212-1(h) Multiple awards.

The Government may make more than one award.

6. Addendum to 52.212-1(j) Data Universal Numbering System (DUNS) Number

The requirement to provide a DUNS number with the offer applies at all dollar values if the offeror is required to register in the Central Contractor Registration (CCR) Database in accordance with DFARS clause 252.204-7004.

http://www.ccr.gov/

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MHE INSTRUCTIONS TO OFFERORS

Offerors can propose for any/all segments of material handling equipment listed. Pricing for each model offered in your proposal shall include all standard commercially available equipment and attachments, price listed attachments and optional features for that model. Commercial price lists for equipment add-ons from outside vendors/sources that could become part of an award shall also be included and so stipulated. Offerors must provide descriptive literature, specifications, along with any other information necessary to provide for the certification of the commerciality of all standard features and attachments, as well as optional features. Offerors shall ensure that each item complies with the latest Government regulations, emission standards etc. See clause 52.212-4(q), Other Compliances, on page 16.

The equipment shall be new, unused, and the manufacturer’s current commercial product. Each product proposed shall be offered with all standard components that are listed in commercial product literature, at minimum. Equipment shall be in operating condition, which may include but is not limited to having all fluid levels filled to normal operating ranges, when delivered to the destination. One paper and/or electronic set of commercial manuals consisting of operator’s instructions, service and repair manuals, and a complete parts list shall be over-packed with each item.

A Model Pricing and Discount Information sheet must be completed for each piece of equipment offered (Attachment #1). This submittal must include a copy of the manufacturer’s commercial specification sheet for that model, a listing of optional features available for that model, and two copies of the commercial published price list for that model, and all attachments and features. The offeror shall include in each basic unit price all applicable federal, state, and local taxes, including Federal Excise Tax (FET), for Continental United States (CONUS) delivery. If the offeror is including in their proposal an Equipment Support Agreement, additional form Attachment #2 shall also be prepared for each model.

Commercial Catalogs: Vendors shall submit with each offer two copies (including one electronic) of the current published (dated or otherwise identified) commercial catalogs. Commercial catalogs shall show formal, certified catalog prices. Special catalogs or price lists, printed for the purpose of offering on this solicitation and showing only net prices to the Government or reference to previous submissions, are NOT acceptable.

In the event that an offer covers more than one item, the offeror shall identify in the catalogs, by each item, the items that are being offered and the model number if appropriate. All other items shall be marked “excluded,” lined out and initialed by the offeror.

Discounts: The Contracting Officer and offeror shall reach an agreement as to discounts offered to the Government. This discount pricing relationship shall be maintained throughout the five year contract period.

Contract pricing will be based on catalog price minus discount. The amount of the discount offered should be greater than or equal to the discount offered to your most favored customer. It is our intention that the negotiated discounts should remain in effect for the entire five year contract period. The contract pricing (catalog price minus discount) shall be the ceiling price for any delivery order solicited and awarded under the contract. At any time, the contractor can offer discounts greater than the discounts negotiated in the contract.

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Established Catalog Price

1. As used herein, the term “established catalog price” is one for which a current published catalog is maintained by the contractor for sales to the general public (or the manufacturer, if the contractor does not manufacture the item).

2. By signing the proposal the contractor represents:

(a) That the items to be delivered under any resulting order are supplies for which there is a published catalog price.

(b) Any differences between the prices listed herein and the catalog price are due to compliance with the requirements herein such as preservation, packaging, packing beyond standard commercial practice such as for overseas shipments, or the amount included for extended warranty (refer to the end of this addendum), transportation , and any applicable discount.

Commercial Invoices: Each offeror will be required to submit at least three (3) commercial invoices for their best five (5) selling commercial items that have been sold under the current catalog price. The invoices will verify commercial sales and discounts offered to the commercial market. These commercial discounts will be compared to the discounts offered to the government. The government reserves the right to request additional invoices at any time during the evaluation process.

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Attachment #1

Model Pricing and Discount Information Sheet

Vendors are required to submit one (1) sheet for each model offered.

Description of Item

Make / Model Number

Delivery (days after award)

Price List Page Number

Base List Price Percentage of Discount (Base Unit/1 EA)

Percentage of Discount (Attachments/Optional Features*

*The same discount will be applied to all attachments/optional features unless otherwise specified.

Quantity Range Discount (if any). The quantity range discount specified will be applied to the net price of the base units and any attachments/optional features ordered (excluding freight) unless otherwise specified:

Quantity Range: __________________________ - Discount %: _____________ Quantity Range: __________________________ - Discount %: _____________ Quantity Range: __________________________ - Discount %: _____________

Additional Charge for Overseas Preservation/Packaging for each unit: $__________

The contractor shall overpack one (1) each electronic set of manufacturer's commercial manuals consisting of operator's instructions, service and repair manuals and a complete parts list with each unit. Users may on occasion require an additional set or sets of manuals. Provide price for each additional manual set: $ _________

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Attachment #2

EQUIPMENT SUPPORT AGREEMENT

IN ORDER TO PROVIDE THE CUSTOMER WITH A FULL RANGE OF EQUIPMENT

SUPPORT AND SERVICES FOR THE LIFETIME OF THEIR ITEMS, OFFERORS ARE

REQUESTED TO PROVIDE AN EQUIPMENT SUPPORT AGREEMENT. THIS FORM IS

PROVIDED AS A GUIDELINE. FEEL FREE TO TAILOR IT, AS NEEDED. FOR EVALUATION

PURPOSES, LIMIT SUBMISSION TO ONE (1) PAGE PER MODEL. THIS SUPPORT

AGREEMENT IS INTENDED TO BE ACQUIRED ONLY AT TIME OF ORIGINAL EQUIPMENT

PURCHASE.

WE REQUEST THAT YOU PROVIDE 1 SHEET PER MODEL OFFERED.

DESCRIPTION OF ITEM: ______________________________________________________

MAKE/MODEL NO. ___________________________________________________________

DESCRIPTION (Add or delete as needed) COST

Operator Training Program - ______________________________________

Spare Parts Package - ______________________________________

Service Plans - ______________________________________

Certification Program - ______________________________________

Other Training Classes - ______________________________________

Extended Warranty Package - ______________________________________

Other - ______________________________________

a) Under separate addenda, please provide pricing support to include commercially available literature for the above referenced items (i.e., catalogs, brochures, spec sheets, etc.).

b) Please include any available discounts that would provide more favorable pricing based on volume, training location, quantity purchased, service time, or any other factors of your choice.

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FAR 52.216-1 -- Type of Contract. (Apr 1984)

The Government contemplates award of a fixed price w/EPA contract resulting from this solicitation.

FAR 52.215-20 REQUIREMENTS FOR INFORMATION OTHER THAN COST OR PRICING

DATA (Oct 1997) Alternate IV (Oct 2010)

(a) Cost or Pricing Data is not required.

(b) Provide the information described below:

(1) Commercial Items

(i) Sales information:

The offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—

a. Total sales to the general public (other than to the U.S. Govt or its instrumentalities) Quantity- At least three (3) commercial invoices for their best five (5) selling commercial items that have been sold under the current catalog price. The invoices will verify commercial sales and discounts offered to the commercial market. These commercial discounts will be compared to the discounts offered to the government. The government reserves the right to request additional invoices at any time during the evaluation process.

b. The lowest price sale to the General Public regardless of quantity. Identify date, price and quantity.

(ii) For Catalog Items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price. If offer prices are or are based on discounted catalog prices, furnish in lieu of or in addition to the price information required by the previous sentence, the following information for each different discount offered.

(A) Identify the largest discount offered currently or within the preceding 12 months to any customer for that item or items.

(B) If offered discount is lower than the largest discount offered to any customer-

(i) justify why you are unable and/or unwilling to offer that largest discount and

(ii) identify the largest discount offered currently or within the preceding 12 months to any customer for that item or items under terms and conditions that are the most comparable to those sought by the Government.

(C) If the offered discount is lower than the largest discount offered to any customer under the most comparable terms and conditions, justify why you are unable or unwilling to offer that largest discount.

(D) For items already on a FSS contract, furnish a copy of, or the appropriate pages from the FSS.

Unless offerors can justify that the proposed contract terms and conditions under this acquisition are less favorable than those under their FSS, award prices under this acquisition may not exceed the FSS contract prices.

(E) Delay in furnishing the appropriate information other than cost and pricing data that is required by paragraphs (A, B, C and D) above and that is adequate for evaluating the reasonableness of the offered prices, may delay any potential award to that offeror. As a consequence, delivery orders that might otherwise have been placed with that offeror may be placed with awardees that furnished the required information on a timely basis.

Failure to furnish the appropriate information other than cost or pricing data that is required by paragraphs above and that is adequate for evaluating the reasonableness of the offered prices may

13 | P a g e result in a determination that there is insufficient information to determine the offer prices to be fair and reasonable. The Contracting Officer may determine that submission of data up to a level equivalent to certified cost or pricing data, but without certification, is required and may determine that an audit of such data is required. If ultimately there is insufficient information to determine the offer prices to be fair and reasonable, the Contracting Officer has no choice but to determine the offer prices to be unreasonable. Unreasonable offer prices may be rejected for award

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FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptable standards for non-cost factors. The following technical (i.e., non-price) factors shall be used to evaluated offers:

Meet Solicitation Requirements:

Technical Requirements Evaluation Ratings Rating Description Acceptable Must meet the criteria for the equipment/product line stated in the Statement of Work (SOW).

Must have submitted the documentation cited in the Addendum to FAR 52.212-1, MHE Instructions to Offerors (i.e., Commercial Price Lists and Discounts, Commercial Catalogs, Commercial Invoices and if a dealer/supplier, the letter of commitment.

Unacceptable Proposals fail to meet one or more of the minimum requirements as stated above

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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INSPECTION AND ACCEPTANCE AT ORIGIN (AUG 2007) – DLAD

(a) Inspection and Acceptance are at Origin.

(b) The point of acceptance will be the point of last inspection before shipment unless otherwise indicated by the offeror.

(c) The Offeror shall indicate below the location where supplies will be inspected:

Supplies:

Plant: ___________________________________Cage Code:__________________

Street: __________________________________

City/St/Zip: ______________________________

Applicable to clin(s): __________________________________________________

(d) The Offeror shall indicate below the location where packaging will be inspected:

Packaging:

( ) Same as for supplies or, Plant: __________________________________ Cage Code: ___________________

Street: _________________________________

City/St/Zip: _____________________________

Applicable to clin(s): ___________________________________________________

(e) For CLIN(S) described by manufacturer's name/code and part number:

(1) Contractor must present evidence of performance of all quality assurance requirements specified in the contract and ensure that item will serve its intended purpose by performing examinations and tests to determine (A) completeness of item, (B) absence of rust, contamination, or deterioration, (C) correct identification, (D) absence of any damage, and (E) compliance with preparation for delivery. If the contractor is not the manufacturer of the supplies, evidence must be furnished to establish that the supplies were produced by the manufacturer.

(2) The word "manufacturer" means the actual manufacturer of each CLIN. The Government’s Quality Assurance Representative may require that evidence be furnished establishing the name and address of the plant that manufactures each CLIN to ensure that a domestic product is being supplied.

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(f) For CLIN(S) designated as Former Government Surplus (whether described by manufacturer’s name/code and part number, or by Military or Federal specification or drawing), the original package markings of each item shall be verified to previous Government contract number and part number (as specified in DLAD 52.211-9000, Section I of the award). Any deviation from this number shall be cause for rejection of the item.

(g) Additional inspection requirements may be required, based on the evaluation of the surplus offer, by the procuring activity. Such additional requirements, if necessary, will be identified before the award.