RFQ_SS130118RQ0015-ITEMISER_4DX.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Part Number: P0007018-015

Itemiser 4DX Product, Itemiser 4DX Instrument includes:

-Non-Radioactive ITEMISER System Patented Ion Trap Mobility Spectrometer (ITMS) for detection and identification of explosives and/or narcotics;

-Integrated computer with touch screen control of all routine operations;

-On-board Printer;

-Soft Travel Case;

-Manual on CD available;

-AC power cord and power supply;

-Battery;

-Flowmeter;

-Hand Wand;

-Consumables to include: Positive Dopant - Qty 1, Lamps 4ct. - Qty 1, Calibration Traps 25ct. - Qty 1, Cotton Gloves 12ct. - Qty 1, Swabs pre-saturated 90% isopropyl alcohol 25ct. - Qty 1, Wipes individually wrapped pre-saturated 90% isopropyl alcohol 50ct. - Qty 1, Thermal Printer Paper 1 Roll - Qty 3, Nozzle Screens 6ct.

- Qty 2, Spare Parts Kit (Includes 2 filter elements) - Qty 1, Negative Dopant - Qty 1(shipped separately), Internal Calibrant - Qty 1(shipped separately);

-One year parts and factory labor warranty is included;

and

-Instructor led on-site training. Includes Operator, Maintenance, and Administrator levels over approximately six hours of hands-on training for up to eight students; training materials provided for eight students. Training shall be completed within one year of shipment.

3.00 EA

0001A Trade-in Discount for Itemiser 3

0002 Part Number: K1000060

Kit, Intial Product Accessory, Itemiser 4DX, to include the following items:

-MP075000 - Cotton Gloves 12 ct, QTY 30 -MP075002 - Chemswab, pre-saturated, 90% isopropyl alcohol 25ct, QTY 2 -MP075037 - Wipes, individually wrapped, pre-saturated, 90% isopropyl alcohol 50 ct, QTY 8 -PA005060 - Thermal Printer Paper, QTY 12 -MP055226 - Membrane Tool, QTY 4

0003 Part Number: M00002057

Sample Traps -100 High Performance, IT4DX

30.00 EA

0004 Part Number: M0001965-100

Verification Traps, 100 IT4DX to include the following:

-Assay, Verification traps; and -Plastic clamshell, 100

9.00 EA

0005 Part Number: SC100003

Source Disposal Fee

PAGE 2 OF 56 SS130118RQ0015

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Freight/Shipping Charges

PAGE 3 OF 56 SS130118RQ0015

Table of Contents

Solicitation

PAGE 4 OF 56 SS130118RQ0015

CLAUSES

Solicitation

RFQ SS130118RQ0015

U.S. DEPARTMENT OF COMMERCE

REQUEST FOR QUOTATION (RFQ) NO. SS130118RQ0015

PROJECT TITLE: RAPISCAN SYSTEMS ITEMISER 4DX

SECTION A

INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS

1. PURPOSE

This RFQ solicits a quote to provide Rapiscan Systems’ Itemiser 4DX. This is a brand name or equal buy in accordance with FAR 52.211-6.

2. METHOD OF ACQUISITION

The Government intends to acquire the necessary supplies by awarding an open market order in accordance with FAR Part 13, Simplified Acquisition procedures and FAR Part 12, Commercial Items.

This is a 100% set aside for small business.

To be considered for an award by the Government, your company must be registered in the System for Award Management Registration (SAM) database at:

https://www.sam.gov/portal/SAM/#1

3. NUMBER OF AWARDS

One (1) award will be made from this solicitation.

4. DATE OF AWARD

It is anticipated that award will be made on or about April 27, 2018.

5. PERIOD OF PERFORMANCE / DELIVERY

Within 45 days from date of Award.

6. COMMITMENT OF PUBLIC FUNDS

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

7. COMMUNICATIONS PRIOR TO AWARD

PAGE 5 OF 56 SS130118RQ0015

https://www.sam.gov/portal/SAM/#1

Bidders shall direct all communications through the FedBid portal under the following:

FedBid Buy Number: 917685 DOC RFQ Number: SS130118RQ0015

Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of this solicitation and/or requirement.

8. PREPARATION COSTS

This RFQ does not commit the Government to pay for the preparation and submission of a quotation.

9. QUOTATION DUE DATE

Quotes are due no later than April 20, 2018 at 2:00 p.m. Eastern Time to the FedBid Buy Number specified in paragraph 7 above. Questions concerning this procurement action must be submitted via the FedBid Number as specified in paragraph 7 above. Questions are due no later than April 17, 2018 at 12:00 p.m. ET. Your quotation shall be organized as specified in paragraph 12.

10. ORDER TERMS AND CONDITIONS

Any order awarded as a result of this solicitation shall be subject to the terms and conditions of the DOC and FAR Clauses found in SECTION D of this solicitation. Terms and conditions provided by the offeror shall be incorporated into the award only if those terms and conditions are agreeable to the government.

Award will be made on an all-or-none basis.

11. INVOICE REQUIREMENTS

(a) Contractor must submit proper invoices at all times. Refer to the Clause Section of this solicitation for additional invoice guidance. A proper invoice shall include the following items (except for interim payments on cost reimbursement contracts for services):

(1) Name and address of the contractor.

(2) Invoice date and invoice number. (Contractors shall date invoices as close as possible to the date of mailing or transmission.)

(3) Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

PAGE 6 OF 56 SS130118RQ0015

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on all invoices.

(9) Electronic funds transfer (EFT) banking information.

(i) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(10) Any other information or documentation required by the contract (e.g., evidence of shipment).

(b) Contractors shall provide signed original invoices plus one copy or email one copy to:

NIST Accounts Payable Office Bldg. 101, Room A-836 MS 1621 100 Bureau Drive Gaithersburg, MD 20899 Telephone: (301) 975-2261 Fax: (301) 975-8283 Email: invoice@nist.gov

(c) Inquiries regarding payment of invoices should be telephoned or emailed to NIST, (301) 975- 2261, invoice@nist.gov; respectively.

(d) If the supplies, services, technical or other reports are rejected for failure to conform to the

PAGE 7 OF 56 SS130118RQ0015

mailto:invoice@nist.gov mailto:invoice@nist.gov technical requirements of the Order, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor. This shall commence the 30day period and causing it to begin anew.

Contractor will clearly mark the final invoice with the legend “FINAL INVOICE” and shall execute a final release.

12. INSTRUCTIONS FOR PREPARING THE QUOTATION

(a) General Instructions

Quotes shall to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the Quote shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

The offeror shall submit an electronic quote as outlined in paragraph 7. All submissions shall be in Microsoft Office application formats, i.e. Word, Excel, etc.

(b) Price Proposal

(i) The Price Quotation must adhere to the pricing structure established in Section B, Schedule of Prices. The Offeror’s price quotation must be based on the Offeror’s own technical quotation, the Government’s SOW, and other contractual requirements.

(ii) Discounts or reductions of the negotiated rates must be clearly identified and are strongly encouraged. Provide a statement to discuss any discounts or reductions of the open market rates. Offeror should provide their best pricing as award may be made without discussions.

(iii) Price/Cost shall be evaluated for reasonableness and completeness.

(iv) Quotations shall provide all information in accordance with FAR 52.212-3 Offeror Representations and Certifications—Commercial Items. (Jan 2017).

(v) Bidder/Offeror shall be an authorized reseller of Rapiscan Systems’ Itemiser 4DX.

13. EVALUATION AND AWARD

The Government will award one task order to the low priced technically acceptable offeror.

Evaluation will be performed in accordance with clause 52.212-2 – Evaluation – Commercial Items.

14. NAICS CODE

PAGE 8 OF 56 SS130118RQ0015

The applicable NAICS Code for this requirement is 334519, size standard is 500.

SECTION B

1. SCHEDULE OF PRICES

All pricing shall be provided as outlined in paragraph 12, Statement of Work, and Standard Form 18.

SECTION C

STATEMENT OF WORK

1. OBJECTIVE

The Department of Commerce (DOC), Office of Security (OSY), seeks to award a contract for:

To purchase Rapiscan Itemiser 4DX (Part Number P0007018-015) or an equal item for the Office of Security’s Security and Emergency Management Division (SEMD).

2. REQUIRMENTS LIST

Item 0001:

Part Number: P0007018-015 Itemiser 4DX Product, Itemiser 4DX Instrument includes:

• Non-Radioactive ITEMISER System Patented Ion Trap Mobility Spectrometer (ITMS) for detection and identification of explosives

• and/or narcotics;

• Integrated computer with touch screen control of all routine operations;

• On-board Printer;

• Soft Travel Case;

• Manual on CD available;

• AC power cord and power supply;

• Battery;

• Flowmeter;

• Hand Wand;

• Consumables to include: Positive Dopant - Qty 1, Lamps 4ct. - Qty 1, Calibration Traps

25ct. - Qty 1, Cotton Gloves 12ct. - Qty 1, Swabs pre-saturated 90% isopropyl alcohol 25ct. - Qty 1, Wipes individually wrapped pre-saturated 90% isopropyl alcohol 50ct. - Qty 1, Thermal Printer Paper 1 Roll - Qty 3, Nozzle Screens 6ct. - Qty 2, Spare Parts Kit (Includes 2 filter elements) - Qty 1, Negative Dopant - Qty 1(shipped separately), Internal Calibrant - Qty 1(shipped separately);

• One year parts and factory labor warranty is included; and

• Instructor led on-site training. Includes Operator, Maintenance, and Administrator levels

PAGE 9 OF 56 SS130118RQ0015

over approximately six hours of hands-on training for up to eight students; training materials provided for eight students. Training shall be completed within one year of shipment.

Quantity: 3 each

Item 0001A:

Trade-in Discount for Itemiser 3 Quantity: 3 each

Item 0002:

Part Number: K1000060 Kit, Initial Product Accessory, Itemiser 4DX, to include the following items:

• MP075000 - Cotton Gloves 12 ct, QTY 30;

• MP075002 - Chemswab, pre-saturated, 90% isopropyl alcohol 25ct, QTY 2;

• MP075037 - Wipes, individually wrapped, pre-saturated, 90% isopropyl alcohol 50 ct, QTY 8;

• PA005060 - Thermal Printer Paper, QTY 12; and

• MP055226 - Membrane Tool, QTY 4

Quantity: 3 each

Item 0003:

Part Number: M00002057 Sample Traps

• 100 High Performance, IT4DX Quantity: 30 each

Item 0004:

Part Number: M0001965-100 Verification Traps 100 IT4DX to include the following:

• Assay, Verification traps, plastic clamshell, 100 Quantity: 9 each

Item 0005:

Part Number: SC100003 Source Disposal Fee Quantity: 3

Item 0006:

Freight/Shipping Charges

3. SHIPPING

Ship all items to following address:

PAGE 10 OF 56 SS130118RQ0015

U.S. Department of Commerce Office of Security (OSY) ATTN: Gregory Servant 1401 Constitution Avenue, NW, Room 1067 Washington, DC 20230 Phone Number: 202-482-6124 E-mail: gservant@doc.gov

4. Privacy

• The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

• To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

• If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

5. SECTION 508 ACCESSIBILITY

There are no Section 508 Accessibility requirements for this supply buy.

6. PLACE OF PERFORMANCE

Washington, D.C.

7. PERIOD OF PERFORMANCE

N/A.

8. POINTS OF CONTACT

A DOC Contracting Officer Representative (COR) will serve as the point of contact for all Government and Contractor meetings, direction, and product deliverables. See clause 1352.201- 72 Contracting Officer's Representative (COR) (APR 2010).

9. ACCEPTANCE

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the specifications provided.

SECTION D

PAGE 11 OF 56 SS130118RQ0015

mailto:gservant@doc.gov

DOC CAR AND FAR CLAUSES

The following clauses from the Federal Acquisition Regulation (FAR) and DOC Commerce Acquisition Regulation (CAR) are incorporated into this order.

FAR 52.252-2, PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE (FEB

1998):

This task order incorporates one or more provisions and clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/index.html

NUMBER TITLE DATE

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.232-23 Assignment of Claims MAY 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.244-6 Subcontracts for Commercial Items JAN 2017 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) APR 1984 1352.201-70 Contracting Officer's Authority APR 2010 1352.209-73 Compliance with the laws APR 2010 1352.209-74 Organizational conflict of interest APR 2010 1352.228-72 Deductibles under required insurance coverage—fixed price APR 2010 1352.239-71 Electronic and information technology APR 2010

CLAUSES INCORPORATED IN FULL TEXT

The resulting Order incorporates the following clauses in full text.

1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

(a) William Smith is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

U.S. Department of Commerce Office of Security (OSY) ATTN: William Smith 1401 Constitution Avenue, NW Washington, DC 20230 Phone Number: 202-482-1985 E-mail: wsmith2@doc.gov

(b) The responsibilities and limitations of the COR are as follows:

PAGE 12 OF 56 SS130118RQ0015

https://www.acquisition.gov/far/index.html mailto:wsmith2@doc.gov

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

1352.233-70 Agency Protests. (Apr 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with Anthony Kram, Director, Enterprise Services- Office of Acquisition, U. S. Department of Commerce, Akram@doc.gov

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Office of Security ATTN: Roger Loy Project and Administrative Management Division, Room 1037 1401 Constitution Avenue, NW Washington, D.C. 20230

FAX: 202-482-2279

Email: rloy@doc.gov

(c) Agency protests filed with the agency Tammy Journet, Deputy, Procurement Management shall be sent to the following address:

Office of the General Counsel C/O Anthony Kram ATTN: Lauren Didiuk, Esquire Contract Law Division--Room 5892 Herbert C. Hoover Building 1401 Constitution Avenue, NW Washington, D.C. 20230

FAX: (202) 482-6281

A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Director, Commerce Acquisition Solutions.

Service upon the Contract Law Division shall be made as follows: U.S. Department of

PAGE 13 OF 56 SS130118RQ0015

mailto:Akram@doc.gov mailto:rloy@doc.gov

Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 1401 Constitution Avenue, NW, Washington, DC 20230. FAX: (202) 482-5858.

(End of Clause)

1352.233-71 GAO and Court of Federal Claims Protests. (Apr 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 1401 Constitution Avenue, NW, Washington, DC 20230. FAX:

(202) 482-5858.

1352.246-70 Place of Acceptance. (Apr 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

Office of Security ATTN: William Smith 1401 Constitution Avenue, NW Washington, D.C. 20230 Phone: 202-482-1985 Email: wsmith2@doc.gov

52.211-6 Brand Name or Equal. (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s

PAGE 14 OF 56 SS130118RQ0015

mailto:wsmith2@doc.gov needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

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

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

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

(1) The solicitation number;

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

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

PAGE 15 OF 56 SS130118RQ0015

https://www.acquisition.gov/far/html/FormsStandard67.html#wp1189284

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the

PAGE 16 OF 56 SS130118RQ0015

https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/52_212_213.html#wp1179194

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

PAGE 17 OF 56 SS130118RQ0015

reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

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

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

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

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

(i) ASSIST (https://assist.dla.mil/online/start/).

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

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

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

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

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

EST; or

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

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character

PAGE 18 OF 56 SS130118RQ0015

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of Provision)

52.212-2 Evaluation-Commercial Items. (Oct 2014)

(a) In awarding the proposed firm fixed price contract, the following evaluation factors will be utilized to determine the selection of a vendor who offers the best value to the Government.

Award shall be made using the lowest price technically acceptable (LPTA) evaluation method.

Technically acceptable shall consist of meeting all of the acceptability standards/non-cost factors and a satisfactory past performance rating.

The Government intends to select one contractor for award of this effort.

PAGE 19 OF 56 SS130118RQ0015

https://www.acquisition.gov/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/far/html/www.sam.gov https://www.acquisition.gov/far/html/www.sam.gov https://www.acquisition.gov/

For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

Factor 1. Price Factor 2. Authorized Reseller of Rapiscan Systems’ Itemiser 4DX Factor 3. Satisfactory Past Performance

Factor 1. Price Quote

Price shall be evaluated to determine reasonableness and completeness associated with the effort and deliverables proposed as well as for comparison to the Statement of Work and the Government estimates for this contract.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful bidder within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the bidder’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. In the event of a tied bid, the award will be made to the offeror who provided their bid first and have met all other requirements as specified in this RFQ. A first bid determination is based on the FedBid time stamp as provided by FedBid when a bid is posted to the FedBid Buy Number assigned to this

RFQ.

Factor 2. Authorized Reseller of Rapiscan Systems’ Itemiser 4DX

Bidder/Offeror shall be an authorized reseller of Rapiscan Systems’ Itemiser 4DX. Proof of authorization from Rapiscan Systems, Inc. is required before the issuance of an award.

Factor 3. Past Performance

The government may seek relevant performance information on all responsive and otherwise Technically Acceptable quoters through sources such as DCMA offices, CPARS, PPIRS, or other government data bases and other sources that are available. The government shall not be limited in its search for performance data. The quoter shall not submit performance data for this factor. When performance is evaluated, the outcome is either satisfactory or unsatisfactory.

Unsatisfactory performance will disqualify an offeror from award.

(End of Provision)

52.212-3 Offeror Representations and Certifications—Commercial Items. (Nov 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

PAGE 20 OF 56 SS130118RQ0015

https://www.sam.gov/portal

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

“Civil judgment” means–

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

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

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

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

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

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

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

PAGE 21 OF 56 SS130118RQ0015

https://www.acquisition.gov/far/html/www.dol.gov/fairpayandsafeworkplaces their capacity as contracting agencies, conduct investigations of potential labor law violations.

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

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

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

(ii) OSHA-approved State Plans;

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

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

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

Era Veterans’ Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

PAGE 22 OF 56 SS130118RQ0015

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

PAGE 23 OF 56 SS130118RQ0015

http://uscode.house.gov/ https://www.acquisition.gov/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

“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.

PAGE 24 OF 56 SS130118RQ0015

(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…