SPMYM323R1100.pdf

SEE ADDENDUM

(No Collect Calls)

SPMYM323R1100 26-Apr-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

11:00 AM 26 May 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

SPMYM39. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEPHEN P. SMITH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DLA MARITIME PORTSMOUTH

PORTSMOUTH NAVAL SHIPYARD

ATTN: RACHEL TORACINTA

PORTSMOUTH NH 03804-5000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 207-438-6818 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332323

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF66

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

SPMYM323R1100

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

The scope of this acquisition is for a Firm-Fixed-Price Requirements Contract utilizing Federal Acquisition Regulation (FAR) Part 12 – Acquisition Procedures for Commercial Items, for the acquisition of Excel Modular Scaffolding components, Commercial and Government Entity (Cage) Code 93D98. Cage Code 93D98 is the only approved source of supply, and for parts included in the current Excel Price list and the current Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM. Part numbers within the scope may be added to the contract at a later date in accordance with the terms of Defense Logistics Acquisition Directive (DLAD) Procurement Note L27 – Addition and Deletion of Items.

The Government is pursuing a Long Term Contract (LTC) that is for a potential total contract period of five (5) years, which will be comprised of one (1) base year and four (4) option years (one year each). The option years may be exercised at the discretion of the Government. The award will be made on an All or None basis. Split awards will not be considered.

The NAICS code applicable to this requirement is 332323 and the Business Size standard is 500.

The subsequent contract will provide support for Portsmouth Naval Shipyard and Portsmouth Naval Shipyard Detachment Point Loma. Complete delivery addresses are listed in the DELIVERY INFORMATION section.

Proposals will be evaluated in terms of Technical Acceptability and Price. Failure to provide any information request in the solicitation may render the offeror’s proposal technically unacceptable and may preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate, and complete.

This solicitation will be issued as an unrestricted procurement using Other Than Full and Open Competition per the authority cited at 10 U.S.C. 3204(a)(1), implemented by FAR 6.302-1. Excel Modular Scaffolding (93D98) is the only approved source of supply for the requested material. Accordingly, this acquisition and subsequent contract is limited to sole source Excel part numbers and are contained in the Excel Price List. Pricing will be negotiated at a discount percentage against the Excel Price List. Offerors shall insert a percentage discount which meets or exceeds the discounts given to its most favorable customers. The percentage discount will be a fixed percentage that remains the same for the entire life of the contract. Please note that pricing requires FOB Destination and should contain all delivery costs that are required for each delivery.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Scaffolding Purchase Base Year

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard from Excel, Cage 93D98, Excel Catalog: Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM

Offered percent discount from the Excel Price List: _____________% FOB: Destination

PSC CD: 5440

NET AMT

Scaffolding Purchase Base Year

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard Point Loma from Excel, Cage 93D98, Excel Catalog: Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM

Offered percent discount from the Excel Price List: _____________%

OPTION Scaffolding Purchase Option Year One

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard from Excel, OPTION Scaffolding Purchase Option Year One

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard Point Loma from Excel, Cage 93D98, Excel Catalog: Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM

Offered percent discount from the Excel Price List: _____________%

OPTION Scaffolding Purchase Option Year Two

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard from Excel, OPTION Scaffolding Purchase Option Year Two

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard Point Loma from Excel, Cage 93D98, Excel Catalog: Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM

Offered percent discount from the Excel Price List: _____________%

OPTION Scaffolding Purchase Option Year Three

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard from Excel, OPTION Scaffolding Purchase Option Year Three

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard Point Loma from Excel, Cage 93D98, Excel Catalog: Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM

Offered percent discount from the Excel Price List: _____________%

OPTION Scaffolding Purchase Option Year Four

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard from Excel, OPTION Scaffolding Purchase Option Year Four

FFP

Excel Modular Scaffolding Purchases for Portsmouth Naval Shipyard Point Loma from Excel, Cage 93D98, Excel Catalog: Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM

Offered percent discount from the Excel Price List: _____________%

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

BLDG 170, 2ND FLOOR,

CODE KMC

KITTERY ME 03904

207-438-5521

N39040

0002 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

GOVERNMENT RECEIVING

REPRESENTATIVE

PORTSMOUTH NAVAL SHIPYARD-

DETACHMENT SAN DIEG

: 140 SYLVESTER RD

SAN DIEGO CA 92106

619-572-9339

1001 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

BLDG 170, 2ND FLOOR,

CODE KMC

KITTERY ME 03904

207-438-5521

1002 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

REPRESENTATIVE

PORTSMOUTH NAVAL SHIPYARD-

DETACHMENT SAN DIEG

: 140 SYLVESTER RD

SAN DIEGO CA 92106

619-572-9339

2001 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

BLDG 170, 2ND FLOOR,

CODE KMC

KITTERY ME 03904

207-438-5521

2002 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

REPRESENTATIVE

PORTSMOUTH NAVAL SHIPYARD-

DETACHMENT SAN DIEG

: 140 SYLVESTER RD

SAN DIEGO CA 92106

619-572-9339

3001 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

BLDG 170, 2ND FLOOR,

CODE KMC

KITTERY ME 03904

207-438-5521

3002 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

REPRESENTATIVE

PORTSMOUTH NAVAL SHIPYARD-

DETACHMENT SAN DIEG

: 140 SYLVESTER RD

SAN DIEGO CA 92106

619-572-9339

4001 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

BLDG 170, 2ND FLOOR,

CODE KMC

KITTERY ME 03904

207-438-5521

4002 180 dys. ADC PORTSMOUTH NAVAL SHIPYARD

REPRESENTATIVE

PORTSMOUTH NAVAL SHIPYARD-

DETACHMENT SAN DIEG

: 140 SYLVESTER RD

SAN DIEGO CA 92106

619-572-9339

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

JUN 2020

52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.252-3 Alterations in Solicitation APR 1984 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JAN 2023 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

JAN 2023

252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

JAN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7022 Representation of Extent of Transportation by Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

**Please see the addendum to FAR 52.212-1 at the end of this provision**

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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 consistent with FAR subpart 4.10), or alternative commercial products or commercial services 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/).

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

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the 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 Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

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

(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 products, the make and model of the product 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.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (ADDENDA)

Addendum to FAR 52.212-1:

1.1. Initial proposals and any modifications thereto are to be submitted to the Contracting Officer on or before the closing date and time cited elsewhere in this Request for Proposal.

1.2. Important Notes:

1.2.1. Vendors shall respond to all requirements of the solicitation document. Vendors are cautioned not to alter the solicitation.

1.2.2. Responses should be submitted via email, provided elsewhere.

2. CONTENT OF PROPOSAL

2.1. Solicitation cover sheet with appropriate blocks completed by the vendor (including CAGE Code).

2.2. Solicitation pricing pages completed by the vendor.

2.3. A complete and signed Standard Form 1449 (SF 1449), “Solicitation/Contract/Order for Commercial Items” and executed Amendments, if applicable.

2.4. Acknowledgement of solicitation amendments (if not previously acknowledged).

2.5. Technical Submission to include:

2.5.1. Submission of technical information for evaluation, demonstrating compliance with the specifications, should include, but is not limited to: Part Numbers, Product Catalogs, and Traceability Documentation if applicable.

2.5.2. A Small Business Subcontracting Plan, if applicable.

2.5.3. Representations and Certifications completed by the Vendor in accordance with instructions contained elsewhere in this Solicitation. If the Vendor has completed all of the representations and certifications required by this Solicitation in accordance with FAR 52.204-8 and DFARS 252.204-7007 ALT A, then the Vendor need not submit the hardcopy Representations and Certifications.

2.6. Representations and Certifications completed by the Vendor in accordance with instructions contained elsewhere in this Solicitation. If the Vendor has completed all of the representations and certifications required by this Solicitation in ORCA in accordance with FAR 52.204-8 and DFARS 252.204-7007 ALT A, then the Vendor need not submit the hardcopy Representations and Certifications.

3. The completion and submission of the above items will constitute a proposal and will be considered the vendor’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. An objection to any of the terms and conditions of the solicitation may constitute a deficiency which will make the offer unacceptable.

(end text)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conform(s) to the solicitation, price and other factors considered. A Lowest Price Technically Acceptable (LPTA) evaluation, in accordance with (I/A/W) FAR 15.101-2, will be conducted. All offers will be evaluated to determine technical acceptability. Award will be made to the lowest price offeror that is determined to be technically acceptable. In addition to price, the Government will evaluate technical acceptability factors in accordance with the evaluation criteria contained in this solicitation.

1. EVALUATION FACTORS

1.1 The proposal shall consist of: (1) Technical Acceptability, and (2) Price Information. The award will be made to the lowest priced technically acceptable offeror, with acceptable Past Performance.

1.2 Vendors will be required to submit a proposal that will be evaluated in accordance with the requirements and provisions of the solicitation. Vendors are reminded to submit technical description as specified in FAR 52.212- 1(b)(4).

1.3 Proposals will be evaluated as follows:

1.3.1 TECHNICAL ACCEPTABILITY

1.3.2 PRICE

1.4 The Government reserves the right to award on initial offers. The Government is not obligated to seek completion or clarification of technical and past performance information.

2.0 FACTOR 1: TECHNICAL ACCEPTABILITY

2.1 Technical: Proposals submitted by each vendor will be evaluated in accordance with the requirements provided in the solicitation, FAR 52.212-1 Instruction to Offerors, and Addendum to FAR 52.212-1 and determined to be either acceptable or unacceptable. Failure to include pricing for all line items may be cause for rejection of the quote for all line items.

2.2 The Offeror must address the requirements in sufficient detail so that the Government can reasonably determine that the Offeror possesses the ability to successfully perform the contract. The Government will not give any favorable consideration, preference, “extra credit,” or other positive evaluation to any matters contained in a section of the vendor’s proposal, which could be construed to exceed the minimum requirements in the specifications included in the solicitation. Offerors must offer products from Excel Modular Scaffolding components, Commercial and Government Entity (Cage) Code 93D98 for parts included in the current Excel Price list and the current Excel Modular Scaffold Standard Component Technical Manual, EMSLC-TSM.

2.3 Small Business Subcontracting Plan: In accordance with FAR 19.702, the Contracting Officer shall review the apparently successful Offeror’s Small Business Subcontracting Plan. The apparently successful Offeror may negotiate an acceptable Subcontracting Plan with the Contracting Officer prior to award.

2.3.1 Large businesses shall submit a Small Business Subcontracting Plan. The plan will be assessed against the requirements of FAR 52.219-9, Small Business Subcontracting Plan and its Alternate II. A large business offeror who fails to meet all requirements of FAR 52.219-9 may receive an “Unacceptable” rating for this factor. The evaluation is for compliance with the appropriate FAR requirements and involves an assessment as to whether the goals are set at a level that the parties reasonably expect can result from the contractor expending good faith effort to use small business concerns to the maximum extent possible.

2.4 Technical Evaluation Ratings (Rating: Description)

2.4.1 Acceptable: Submission clearly meets the minimum requirements of the solicitation.

2.4.2 Unacceptable: Submission does not clearly meet the minimum requirements of the solicitation.

2.5 Offers that simply state they are in compliance, may be considered Unacceptable.

2.6 Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable.” If the technical submittal is determined “Unacceptable,” it renders the entire quote technically unacceptable and will no longer be considered for further competition or award.

3.0 FACTOR 2: PRICE

3.1 All proposals will be evaluated to determine that the offered price(s) are fair and reasonable. Proposed prices will be evaluated on the basis of price reasonableness in accordance with FAR 15.404-1(b).

3.2 The vendor shall submit one (1) signed copy of the completed SF 1449, and if applicable, executed copies of Amendments. The offeror’s price proposal shall include the unit price and extended unit prices for each CLIN.

Vendors shall include pricing for all line items listed. Failure to do this may be cause for rejection of the quote for all line items.

3.3 Price proposals shall be held firm for ninety (90) days.

3.4 Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items to commercial customers and sales history for the same or similar items to commercial customers. If proposed prices are from a commercial price list, provide invoices from commercial customers showing sales based on the commercial price list, along with the effective date and/or copies of catalog pages with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

4.0 SELECTION

4.1 The Government intends to evaluate proposals and issue an award using the procedures of FAR Part 15.

Upon completion of the above, the Government intends to issue a single award for all items. The Government reserves the right to not issue an award if it is not in the best interest of the Government.

4.2 The Government reserves the right to award on initial offers. The Government intends to award the contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each Offeror should submit its most favorable terms from a Price and non-price standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined to be necessary.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

(a) Definitions. As used in this provision --

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

(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"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent 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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) 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 (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(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--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and…