A21_W52P1J-17-T-5010.pdf

SEE ADDENDUM

(No Collect Calls)

W52P1J-17-T-5010 31-Aug-2017

b. TELEPHONE NUMBER

309-782-1088

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 07 Sep 2017

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.

W52P1J9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEVEN RODERICK PERRY

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W52H1B 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

TRANSPORTATION OFFICER, W52H1C

BLDG 299, RECG BRANCH DOOR 24A

ROCK ISLAND ARSENAL

ROCK ISLAND IL 61299-5000

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333999

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF44

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.

W52P1J-17-T-5010

Section SF 30 - BLOCK 14 CONTINUATION PAGE

EXECUTIVE SUMMARY

1. Request for Quote (RFQ) W52P1J-17-T-5010 is for 2 Three Dimensional (3D) Printers for the U.S.Army Research, Development and Engineering Command (RDECOM) at the Rock Island Arsenal, Rock Island, IL.

2. The brand name or equal purchase description is provided at Attachment 0001.

3. This RFQ is issued on a 100% small business set-aside basis. It is anticipated that a single firm-fixed-price type contract will be awarded.

4. The Government intends to award a contract resulting from this RFQ to the responsive, responsible offeror who submits the lowest priced technically acceptable proposal.

5. Please review FAR 52.212-1 entitled “Instructions to Offers – Commerical Items” and fill out the certifications at FAR 52.212-3 entitled “Offeror Representations and Certifications – Commercial Items” before submitting your proposal. Offerors are cautioned to ensure their proposals are fully complete, including all fill-ins and blanks in the RFQ. Blocks 30(a)(b) and (c) on page 1 shall be completed and signed by someone that has the authority to contractually bind the company. Any offeror submitting a proposal agrees by submission that its proposal and the prices contained therein will remain valid for 30 days after receipt.

6. The following clauses are incorporated by addendum to FAR 52.212-4 entitled "Contract Terms and Conditions - Commercial Items:

52.0000-4035, Rock Island Arsenal Site Clause (Jul 2014) 52.204-7, System for Award Management (Oct 2016) 52.232-18, Availability of Funds (Apr 1984) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

252.204-7008, Compliance With Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7011, Alternative Line Item Structure (Sep 2011) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System-- Statistical Reporting in Past Performance Evaluations (Jun 2015) 252.223-7008, Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7001, Buy American and Balance of Payments Program--Basic (DEC 2016) 252.225-7002, Qualifying Country Sources As Subcontractors (Dec 2016) 252.225-7048, Export – Controlled Items (Jun 2013)

252.232-7010, Levies on Contract Payments (Dec 2006) 252.232-7006, Wide Area Workflow Payment Instructions (May 2013)

7. This executive summary is provided as an administrative convenience and is not intended to alter the terms and conditions of the solicitation in any way. Any inconsistencies between this executive summary and other solicitation provisions shall be resolved in favor of the other solicitation provisions.

8. This RFQ should not be discussed with any Government employee except the Procuring Contracting Officer, Ms.

Kathleen M. Ward, or her representative, Mr. Steve Perry.

9. The Government Representative for this RFQ is Mr. Steve Perry, (309) 782-1088. Comments and/or questions should be directed in writing to Mr. Perry by email to steven.r.perry32.civ@mail.mil. Please indicate the RFQ number, W52P1J-17-T-5010 in the subject line.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each 3D Printer

FFP

Specifications and delivery in accordance with the Purchase Description at Attachment 0001 FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 30 dys. ADC 2 TRANSPORTATION OFFICER, W52H1C

BLDG 299, RECG BRANCH DOOR 24A

ROCK ISLAND ARSENAL

ROCK ISLAND IL 61299-5000

FOB: Destination

W52H1B

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4035 ROCK ISLAND ARSENAL SITE CLAUSE (JUN 2015)

ROCK ISLAND ARSENAL SECURITY, LAW ENFORCMENT, FIRE PREVENTION, AND SAFETY

REQUIREMENTS. Any contractor personnel entering Rock Island Arsenal (RIA) as the result of this order/contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer for this order/contract.

Emergency Phone Number for Rock Island Arsenal. Dial 9-1-1 FOR POLICE, FIRE, AMBULANCE. State your name, location, nature of emergency and answer any questions the dispatcher may have. Stay on the line with the dispatcher until you are told you can hang up. If calling from a cell phone, tell the dispatcher that you are calling from the Rock Island Arsenal.

1. Operations Security (OPSEC) Review:

a. All contractor/sub-contractor employees will insure an OPSEC review is conducted through coordination with the COR, by a (level II) certified, Operations Security Officer by the originating command and/or organization prior to the release of any of the following products; (a reviewed product may be, but is not limited to), picture, map, blue print, memorandum, letter, article, academic paper, video, briefing, contract, news release, technical document, proposal, plan, order, response to Privacy Act requests, or other visual or electronic media. The obligation for prior OPSEC review applies to releases occurring both during and after completion of the contract. If the command/organization does not have a Level II certified OPSEC officer the review will be sent to the next higher headquarters.

b. The contractor/sub-contractor will be responsible for establishing and maintaining an OPSEC program to adequately manage, protect and control critical, sensitive and classified information that has been provided or generated under the contract.

2. SECURITY REQUIREMENTS:

a. Physical Security. The contractor shall be responsible for proper security and safeguarding of all property within designated work areas, to include all vehicles and storage areas. Loss or theft of property/equipment will be reported to RIA Police immediately upon discovery.

b. Installation Access. All personnel requesting access to Rock Island Arsenal will only enter through a manned and operational Access Control Point and present a United States National or State issued identification that is capable of being scanned for valid entry. All contractor and contractor employees' vehicles, equipment, and packages are subject to inspection or examination (search) at entry/exit of the Arsenal. Security personnel/police will conduct the inspection deemed necessary to enforce security requirements. The contractor shall comply with all installation and other applicable security regulations, requirements, and instructions.

c. Restricted Areas.

(1) Contractor personnel requiring access to a restricted area are required to obtain proper identification and authorization. Access or escort with the owner/occupant of the restricted area shall be coordinated through the Contracting Officer’s Representative (COR).

(2) Government Administrative Office Areas. Government personnel will be working in office areas during normal working hours. Contractor employees shall cooperate with personnel in the immediate area where any service or maintenance work is being performed. Work performed after normal duty hours shall be coordinated with the Contracting Officer or his designated representative.

d. Photographic Equipment Restrictions:

(1) There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes, but is not limited to, digital cameras, cell phones, and personal data assistants (PDAs) with cameras. Per U.S. Army Regulation 360-1, taking or producing ground or aerial photographs, sketches, or graphic representations of classified military equipment or installations designated as restricted areas is punishable by law (18 United States Code 795). Reproducing, publishing, or selling this type of material is also punishable by law unless the photograph, sketch, or graphic representation indicates it has been reviewed and cleared for release by proper authority (18 USC 797). Video, still photos, digital photos, sketches, and graphic representations are for official use only and are not authorized for public release. The contractor must get permission from the Physical Security Office, Bldg 225, to use any type of photographic device at the Access Control Points or in any Restricted Area.

(2) Upon completion of this contract, all critical and sensitive information (video, still photos, digital photos, sketches, graphic representations, etc.) that is no longer needed, must be destroyed (burned, shredded, etc.) to prevent the inadvertent disclosure and reconstruction of this material.

e. Electronic Access. The COR must coordinate, request, and issue electronic access keys for contractor personnel. Contractor personnel must report the loss of electronic keys immediately to the COR.

f. Key Control. The Director, Public Works key custodian, thru the COR, is responsible for issuing keys to the contractor. The contractor shall establish a key control system IAW AR 190-11, Physical Security of Arms Ammunition and Explosives, and AR 190-51, Security of Unclassified Army Property (Sensitive and Non-sensitive), to ensure that none of the keys issued to the contractor are lost, misplaced, or used by unauthorized persons. Government keys shall not be duplicated by the contractor.

(1) Replacement. The contractor shall be responsible for all costs incurred as a result of the contractor losing any key. The contractor shall reimburse the government for replacement of locks or keys required as a result of the contractor losing any key(s).

(2) Entrance to Locked Areas. The contractor shall not permit entrance to locked areas to any person (other than employees of the contractors engaged in the performance of work in those areas) without authorization by the

COR.

(3) Lock Combinations. The contractor shall ensure that no lock combinations are made available to unauthorized persons.

g. Industrial Security:

(1) Contractor personnel requiring issuance of a government Common Access Card (CAC) and/or require access to any government Automated Information System (AIS), must obtain a favorable National Agency Check with Inquiries (NACI) or equivalent personnel security investigation, initiated by the Garrison Security & Intelligence Division.

(2) Foreign Nationals must be escorted by a US Citizen at all times. This person must be a cleared government employee or a contractor employed on RIA.

(3) Access to the installation may be denied during increased readiness or Force Protection Conditions (FPCONs).

3. GENERAL SAFETY AND OCCUPATIONAL HEALTH GUIDANCE:

a. The Army has an overall goal of ensuring that contracted work is performed using procedures and risk controls that ensure workers, the public and the environment are not endangered.

b. Contractors must comply with applicable Federal, State, and local codes and standards, including Safety and Occupational Health (SOH) requirements, as well as any additional specific requirements invoked by the contract.

These requirements are listed in, but not limited to: (1) DoD Instruction 6055.1, "DoD Occupational Safety and Health Program," (2) Army Regulation 385–10, "The Army Safety Program," (3) Department of the Army Pamphlet 385–10, "Army Safety Program," (4) Occupational Safety and Health Administration, General Industry Standards, CFR 1910, (5) Occupational Safety and Health Administration, Construction Standards, CFR 1926, (6) U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385–1–1, (7) Local Installation Safety and Health Regulations.

c. Army contractors will be required to have a Safety and Occupational Health Program implemented that is tailored to meet the safety requirements of each contract and the associated tasks and products of that contract. This program will be documented in the contractor’s safety plan.

d. Contract activities will be conducted in a safe and healthful manner that minimizes accidents as well as impacts on Army operations and members of the public.

e. Contractors are responsible for the safety and health of their employees and protection of the public at contractor plants and work sites.

4. Automated Information Systems (AIS) Access:

a. The contractor will ensure that all automation systems are operated, used, maintained and disposed of IAW AR 380-5, AR 380-67, AR 25-1, DOD Directives 5200.1, 5200.1-R, 5200-40, and 5200-40M, and all other RIA and higher headquarters regulations.

b. Government Computer Access. The contractor will be responsible for the following items for personnel accessing government systems:

- No contractor computer accessing a government system will be allowed to access a non-government system through any means.

- The contractor will support compliance with all Information Assurance Vulnerability Alerts (IAVA), Information Assurance Vulnerability Bulletins, and Tech. Tips.

- The contractor will ensure that all computers and devices are accredited prior to connection to any government network.

- The contractor will report information assurance (computer) incidents immediately to their Information

Assurance Support Officer.

- The contractor will ensure that only approved virus detection software is installed on computers.

- The contractor will scan all media utilizing approved virus detection software before it is introduced into computers.

- Contractors will ensure that individuals accessing government computer systems sign and comply with the Acceptable Use Policy (AUP) and complete initial and annual information assurance awareness training.

- The contractor will not process classified data on computers that are not accredited for classified processing.

- The contractor will not share personally assigned accounts, passwords, or PINs with anyone.

- The contractor will use Command Access Card (CAC) as the primary system access credential.

- The contractor will not allow anyone else to operate the computer while they are logged on.

- The contractor will not use unapproved accounts (such as Hotmail or Yahoo mail) for official army business.

The use of a commercial Internet Service Provider (ISP) or email accounts for official purposes is prohibited.

- The contractor will not install their personally owned software, Shareware, Freeware, Public Domain or software downloaded from the INTERNET on a government system.

- The contractor will not be simultaneously connected to a local area network and an active dial-up modem.

- The contractor will not be allowed remote management capabilities in the defense perimeter of the RIA.

5. PARKING:

a. Parking is on a first-come, first served basis, provided the parking space is not posted with a reserved, visitor or handicapped parking sign. Parking is allowed in “marked” spaces only. At no time will a contractor park within 40 feet of an inhabited building. Violator’s vehicle may be subject to ticket, or towed at contractor expense.

b. All valid spaces are clearly marked with white lines on both sides of the parking space. Vehicles parked in other than valid spaces are subject to being issued a parking ticket.

6. SMOKING POLICY: All contractor personnel must comply with local smoking policy. See COR for local policy.

7. GOVERNMENT INSPECTIONS AND INVESTIGATIONS: The government reserves the right to conduct announced or unannounced inspections and investigations at any time, pertaining to government information, equipment and/or facilities. This includes, but is not limited to, security, safety, fire prevention, and environmental inspections. The contractor shall cooperate with government officials in the conduct of all investigations.

8. REMOVAL OF CONTRACTOR OR GOVERMENT-FURNISHED PROPERTY: The following procedures are prescribed for the issuance of passes for removing contractor owned material and equipment which has been brought onto the Rock Island Arsenal by authorized contractors for use in accomplishing work under a contract, or government-furnished property which, under the terms of a contract, may properly be removed by the contractor.

a. It will be the responsibility of the contracting officer, or designated inspector, to determine that property being removed by a contractor is property of the contractor, or government-furnished property being removed under the terms of the applicable contract. In case government-furnished property is involved, it will be the responsibility of the individuals designated above to insure that all accounting papers prescribed by the contract or other regulations have been completed before the contractor is permitted to remove the property.

b. All contractor owned property will be labeled with the contractor’s name for quick identification.

9. EQUAL EMPLOYMENT OPPORTUNITY (EEO) SERVICES: EEO does not service contractors. However, if a government employee allegedly discriminates against a contractor employee, the RIA Garrison EEO office should be contacted.

(End of clause)

52.0000-4834 AMC-LEVEL PROTEST PROGRAM

(LS7000) Jan 2016

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.

(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;

(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 Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

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

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

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

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits 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, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

(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—

(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).

“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.

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered…