16-T-0156_Combined_Synopsis_Solicitation_Final.docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR 13.5, Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is W81XWH-16-T-0156. The solicitation is issued as a Request for Quote (RFQ). It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and www.acq.osd.mil/dpap/dfars/index.htm. The NAICS code for this requirement is 334510, with a small business size of 500 employees.

The U.S. Army Medical Research Acquisition Activity (USAMRAA) requests responses from qualified sources capable of providing the following:

In-Vivo Xtreme II System with MARS

FFP

Contractor shall provide (1) Bruker In-Vivo Xtreme II System with MARS or equal (IAW) the Minimal Essential Characteristics (MECs); (2) Installation of the Bruker In-Vivo Xtreme II System or equal by a certified technician; and (3) Training on the use of the Bruker In-Vivo Xtreme II System or equal for a maximum of sixteen (16) hours.

The Bruker In-Vivo Xtreme II System or equal shall be delivered 90 days after contract award; Standard Warranty Applies

FOB: Destination

PURCHASE REQUEST NUMBER: 0010844316

NET AMT

Installation

Price seperately if applicable. Installation of the Bruker In-Vivo Xtreme II System or equal by a certified technician.

NET AMT

Training

Price seperately if applicable. Training on the use of the Bruker In-Vivo Xtreme II System or equal for a maximum of sixteen (16) hours.

NET AMT

Contractor Manpower Reporting

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Center for Environmental Health Research (USACEHR) via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil/default.aspx?ReturnUrl=%2F. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the applicable help desk at: contractormanpower@hqda.army.mil.

NET AMT

OY1-Preventive Maintenance

The Contractor shall provide all parts and labor that are required for service at no additional cost, one (1) annual preventive maintenance visit, and unlimited technical support and remote support, in accordance with Performance Work Statement.

PURCHASE REQUEST NUMBER: 0010844316

NET AMT

Contractor Manpower Reporting

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Center for Environmental Health Research (USACEHR) via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil/default.aspx?ReturnUrl=%2F. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the applicable help desk at: contractormanpower@hqda.army.mil.

NET AMT

OY2-Preventive Maintenance

The Contractor shall provide all parts and labor that are required for service at no additional cost, one (1) annual preventive maintenance visit, and unlimited technical support and remote support, in accordance with Performance Work Statement.

NET AMT

Contractor Manpower Reporting

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Center for Environmental Health Research (USACEHR) via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil/default.aspx?ReturnUrl=%2F. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the applicable help desk at: contractormanpower@hqda.army.mil.

NET AMT

OY3-Preventive Maintenance

The Contractor shall provide all parts and labor that are required for service at no additional cost, one (1) annual preventive maintenance visit, and unlimited technical support and remote support, in accordance with Performance Work Statement.

NET AMT

Contractor Manpower Reporting

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Center for Environmental Health Research (USACEHR) via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil/default.aspx?ReturnUrl=%2F. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the applicable help desk at: contractormanpower@hqda.army.mil.

NET AMT

ADDITIONAL INFORMATION

CONTRACT ADMINISTRATION

Contracting Officer (KO):

**TO BE COMPLETED AT TIME OF AWARD**

U.S. Army Medical Research Acquisition Activity (USAMRAA) Materiel Branch 1 820 Chandler Street Fort Detrick, MD 21702-5014 Telephone: 301-619-xxxx Email:

Contract Specialist:

Mr. Rudolph Spencer U.S. Army Medical Research Acquisition Activity (USAMRAA) Materiel Branch 1 820 Chandler Street Fort Detrick, MD 21702-5014 Telephone: 301 619-2376 Email: rudolph.j.spencer.civ@mail.mil

Technical Information Contract (TIC):

**TO BE COMPLETED AT TIME OF AWARD**

United States Army Center for Environmental Health Research (USACEHR) Env Health Research 568 Doughten Dr.

Ft. Detrick, MD 21702-5010 Telephone: 301-619-xxxx

Vendor Information Contact (VIC):

**TO BE COMPLETED AT TIME OF AWARD**

Telephone:

PERFORMANCE WORK STATEMENT

Performance Work Statement

Installation and Training of the Bruker In-VivoXtreme II Imaging System with Multimodal Animal Rotation System (MARS) for the U.S. Army Center for Environmental Health Research (USACEHR)

14 June 2016 - VERSION: 2

PERFORMANCE STATEMENT OF WORK

Installation, Training, and Configuration Support Services

1. Introduction

The U.S. Army Center for Environmental Health Research (USACEHR) develops surveillance capabilities to detect, assess, and prevent health effects from adverse environmental, physiological and psychological exposures. The USACEHR is an outgrowth of a robust and comprehensive toxicology program that existed as part of the U.S. Army Biomedical Research and Development Laboratory (USABRDL) under the US Army Medical Research and Development Command.

1.1. Mission

USACEHR’s mission is to develop surveillance capabilities to detect, assess, and prevent health effects from adverse environmental, physiological, and psychological exposures.

1.2. Background

USACEHR’s Integrative Biology Program provides comprehensive molecular solutions for the diseases of military interest. The Bruker In-Vivo Extreme II Imaging System with MARS (Brand Name or Equal) will fulfill the Integrative Systems Biology Program’s need for greater productivity by providing high speed switching between five imaging modalities provided as standard to allow for co-registration of molecular evens with access to bioluminescence, multispectral VIS-NIR fluorescence, unique Direct Radioisotopic Imaging, and Cherenkov radiation. This is a new requirement and no prior contracts for the same requirement exists. This opportunity represents a full and open competition as brand name or equal.

1.3. Scope

This is a non-personal professional supply and support services contract. The Performance Work Statement (PWS) has been reviewed and contains no services that are inherently governmental functions, as defined in Federal Acquisition Regulation (FAR) Part 2.1. USACHER has a requirement to procure a Bruker In-Vivo Extreme II Imaging System with MARS (Brand Name or Equal), installation, associated 2 day training, standard commerical warranty, and extended 3 year Comphrensive support service plan.

1. General Requirements

2.1. Place of Performance. Accomplishment of the tasks contained in this PWS requires work at USACEHR located at 568 Doughten Drive, Fort Detrick, MD 21702-5010. Delivery of the equipment required identified in this PWS shall be delivered to the same address.

2.2. Periods of Performance. The periods of performance for this CONTRACT are proposed in Table 2.

Table 1: Periods of Performance

2.3 Hours of Work. Normal workdays are Monday through Friday except U.S. Federal holidays. Core hours of work are from 0900 to 1500 daily. The Contractor shall complete the required tasks during the core hours.

2.3.1 Contractor shall not perform services on those days designated as a Federal Holiday by Federal Status, Executive Order, Presidential Proclamation, or Installation Commander.

2.3.2 Contractor shall not perform services or report to work on those days the Government or installation is closed due to local determination relating to inclement weather conditions, national emergencies, energy conversation, requiring the closures. During these periods of closure, the Contractor personnel that are not designated as essential shall not report for work nor will they be compensated for those days.

2.3.3 The following is a list of legal Federal holidays that services shall not be performed. Services shall not be performed on any other day declared a Federal holiday.

1. New Year’s Day, 1 January

1. Martin Luther King’s Birthday, 3rd Monday in January

1. President’s Day, 3rd Monday in February

1. Memorial Day, last Monday in May

1. Independence Day, 4 July

1. Labor Day, 1st Monday in September

1. Columbus Day, 2nd Monday in October

1. Veteran’s Day, 11 November

1. Thanksgiving Day, 4th Thursday in November

1. Christmas Day, 25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

2.4. Non-Personal Services

The PWS identifies services that are strictly non-personal in nature, as defined by FAR Part 37. The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (KO) immediately.

2.5. Business Relations

The Contractor shall successfully coordinate all activities needed to execute the requirements. The Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide timely identification of issues and effective management of subcontractors (as applicable). The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel providing support services under this Contract.

2.6. Contract Administration and Management

The following subsections specify requirements for Contract management, administration, and personnel administration.

2.6.1. Contract Management

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The Contractor shall maintain continuity between the required support services at USACEHR and the Contractor's corporate offices.

2.6.2. Contract Administration

The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall respond to Government requests for contractual actions in a timely fashion. The Contractor shall appoint a single point-of-contact between the Government and Contractor personnel assigned to support the requirement.

2.6.3. Personnel Administration

The Contractor shall provide notifications for employees during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The Contractor shall maintain the currency of their employees skills/training by providing initial and refresher training as required to meet the PWS requirements. The Contractor shall make necessary travel arrangements for employees.

2.7. Subcontract Management

The Contractor shall be responsible for any subcontract management necessary for work performed on this Contract and shall be responsible and accountable for subcontractor performance. The prime Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations.

2.8. Contractor Personnel, Disciplines, and Specialties

The Contractor shall accomplish the assigned work by employing and utilizing qualified service technicians with the appropriate combinations of education, training, experience, and certification. The Contractor shall match personnel skills to the services to be performed and provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.9. Travel / Temporary Duty (TDY). Travel shall be used to satisfy the requirements of this Contract. The Vendor shall coordinate with the Technical POC the dates and times for traveling to accomplish the task described in this PWS. Travel shall be in coordination with the Government and rates should be comparable to the Joint Travel Regulation (JTR) and reimbursable as outlined in the Federal Acquisition Regulations (FAR) Part 31.205-46. The Contractor shall be required to travel to USACHER located at 568 Doughten Drive, Fort Detrick, MD 21702-5010.

2.10. Inherently Government Functions. This PWS does not contain services that are inherently governmental functions as defined in FAR 7.5 – Inherently Governmental Functions.

2.11 Organizational Conflicts of Interest (OCI)

The U.S. Army Medical Research and Materiel Command (USAMRMC) has categorized all service procurements into one of the following three as defined below, for purpose of identifying, avoiding or mitigating against Organizational Conflicts of Interests (OCIs) IAW FAR Subpart 9.5. If any OCI arises during the Period of Performance, the vendor shall notify the KO in writing within 10 business days that the OCI is identified. Please be advised that the Government may not make an award that would result in a prohibited OCI. Therefore, Offerors shall identify any and all potential OCI that arises from performing any aspects of the requirement as detailed in the SON and MECs, and include proposed means of preventing, avoiding or mitigating each OCI identified. (Deliverable 1). These categories are defined as follows:

· Category 1: Program and/or Administrative Support: Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts within subordinate directorates/ Commands.

· Category 2: Program Management Support: Services which assist USAMRMC in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business, process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

· Category 3: Product Support: Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS Procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other then the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

1. Performance Requirements

The Contractor shall provide all necessary personnel required to support the installation, configuration, training, and annual PM support services, but are not limited to the following Performance Objectives and Performance Elements for the contract.

3.1. Delivery of Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS.

The Contractor shall provide one (1) Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS that meets the Minimal Essential Characteristics (MECs) identified in Table 1. The Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS is an Advanced, highly sensitive, multimodal in-vivo optical imaging system complete with six modalities – Luminescence, Fluorescence, Radiographic(X-ray), Radioisotopic, RGB LED white light and Cherenkov imaging for preclinical research. (Deliverable 2)

Table 2: MECs - Brand Name or Equal

3.2. Installation The Contractor shall provide one-time installation services for the Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS on-site at USACHER. The installation shall be performed by certified Bruker instrument specialists. The installation shall be completed within ten (10) days after the delivery of the Brand Name or Equal equipment identified in the solicitation and PWS. The Contractor shall coordinate the date and time with USACEHR that is agreeable for the installation and configuration.

3.3. On-site Training Services. The Contractor shall provide a maximum of sixteen (16) hours or two (2) day on-site training on the use of the Bruker In-VivoXtreme II Imaging System with MARS to USACHER personnel. The on-site training services shall be completed immediately following the installation of the new system. The Contractor shall coordinate the date and time with USACEHR that is agreeable for the on-site training. Any training material shall be provided at the time of training to the COR. (Deliverable 3)

3.4. Extended Comprehensive Service Plan. The Contractor shall provide one (1) Preventative Maintenance (PM) inspection and support for the Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS for a one (1) year base period andthree (3) option periods that extend coverage for an additonal three (3) years in accordance with the Original Equipment Manufacturers (OEM) guidelines. The PM service shall include cleaning, adjusting, lubricating, and inspection of the Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS. The Contractor shall provide all parts, labor, upgrades, and travel expenses required to perform a complete PM service on the Brand Name or Equal Bruker In-VivoXtreme II Imaging System with MARS. The annual PM service shall be documented to record the system is functioning within the defined OEM operational specifications and USACEHR’s Standard Operating Procedures (SOPs). The annual PM report shall be provided to the COR within 30 days after annual maintenance has occurred. (Deliverable 4)

1. Special Requirements

This section describes the special requirements and the subsections provide details of various considerations for this requirement.

4.1. Security and Safety

Contractor shall not have access to classified information. The Contractor shall require an escort for on-site visits to be provided by the Government.

4.1.1. Access to Army controlled installations, facilities, and personnel badging. Applicable for all Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated subcontractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security office. Contractor workforce must comply with all personal identity verification requirements (FAR Clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by the DoD, Headquarters Department of the Army, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.1.1.2. Contractors that do not require a Common Access Card (CAC), but require access to a DoD facility or installation. The Contractor an all associated subcontractors shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4.1.2 Force Protection Condition (FPCON) impact on work levels. The Contractor employees must comply with all personal identity verification requirements as directed by DoD, and local policy. In addition to the changes otherwise authorized by the changes clauses of this contract, should the FPCON at any individual facility or installation change, the Government may require changes in Contractor security matters or process. IAW DoDI 2000.16, the FPCON is defined as follows:

FPCON ALPHA. This condition applies when there is a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable, and circumstances do not justify full implementation of FPCON BRAVO measures. However, it may be necessary to implement certain measures from higher THREATCONS resulting from intelligence received or as a deterrent. The measures in this THREATCON must be capable of being maintained indefinitely.

FPCON BRAVO. This condition applies when an increased and more predictable threat of terrorist activity exists. The measures in this THREATCON must be capable of being maintained for weeks without causing undue hardship, affecting operational capability, and aggravating relations with local authorities.

FPCON CHARLIE. This condition applies when an incident occurs or intelligence received indicating some form of terrorist action against personnel and facilities is imminent. Implementation of measures in this THREATCON for more than a short period probably will create hardship and affect the peacetime activities of the unit and its personnel.

FPCON DELTA. This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is likely. Normally, this THREATCON is declared as a localized condition.

4.1.2.1 During FCONs Charlie and Delta, non-essential service contracts are placed under a stop work order. Designated essential service contracts will resume when the FPCON level is reduced to level Bravo or lower.

4.1.3. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned vehicle or privately-owned vehicle while on a DoD facility.

4.2. Quality Assurance and Surveillance Plan (QASP)

See Attachment 1: Quality Assurance Surveillance Plan of this solicitation. The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The QASP is a living document and may be updated by the Government as necessary.

4.3 Environmental Requirements

The Contractor shall comply with all documents/directives listed below as mandatory and compliance with documents/directives listed as non-mandatory is at the Contractor’s discretion.

Contractors shall comply with the Occupational Safety and Health Act (OSHA), AFI 91-301 Air Force Occupational Safety and Health Program, and the Air Force Occupational Safety and Health (AFOSH) standards.

4.3.1. Mandatory compliance. Occupational Safety and Health Act, AR 2001- Environmental Protection and Enhancement

4.4 Applicable Directives

4.4.1. Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this order:

· Army Federal Acquisition Regulation Supplement (AFARS)

· Department of Defense FAR Supplement (DFARS)

· AR 530-1 Operations Security

· AR 70-1 Army Acquisition Policy

· DoD Directive 5205.02, DoD Operations Security (OPSEC) Program

· DoD 8570.01-M Information Assurance Workforce Improvement Program

· DoD Directive 85701.1 Information Assurance Training, Certification and Workforce Management

· DoDI 8510.01 DoD Information Assurance Certification and Accreditation Process (DIACAP)

· Deputy Secretary of Defense Memorandum, Control of Planning, Programming, Budgeting and Execution (PPBE) Documents and Information

· DoD Directive 70.45.14, Planning, Programming and Budgeting System

· Federal Acquisition Regulation (FAR)

· Health Insurance Portability and Accountability Act (HIPAA)

· Occupational Safety and Health Act

· OMB Circular A-130 Management of Federal Information Resources

· Privacy Act of 1974

· Service Contract Act (SCA)

4.4.2. Reference Documents

The following documents may be helpful to the Contractor in performing the work described in this document:

· AR 525-13 Anti-Terrorism

· DoD 4120.24-M Defense Standardization Program Policies & Procedures

· DoD and Army environmental program and regulations, https://aec.mil/usaec/

· MHS Information Assurance, http://www.health.mil/MHSCIO/programs_products/ia.aspx

· National Crime Information Center, http://www.fbi.gov/about-us/cjis/ncic

· DoD Directive 5400.7, Freedom of Information Act Program. (Paragraphs 2 & 3)

· DoD 8910.1, Management and Control of Information Requirements, June 1993

5. Deliverables

The Contractor shall provide deliverables as described in the table below for the base contract and all option years.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

W4D7 US ARMY CTR FOR ENV HLTH

568 DOUGHTEN DRIVE

FORT DETRICK MD 21702-5010

210-221-7877

W23MWK

25-OCT-2016

W23MWK

25-OCT-2016

W23MWK

14-OCT-2017

W23MWK

14-OCT-2018

W23MWK

14-OCT-2018

W23MWK

14-OCT-2019

W23MWK

14-OCT-2018

W23MWK

14-OCT-2020

W23MWK

14-OCT-2020

W23MWK

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 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 (OCT 2015)

**INCLUDES ADDENDUM, STARTING AT SECTION “M” BELOW**

(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 or 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) Data Universal Numbering System (DUNS) Number. (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 “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) 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…