W81XWH-17-T-0111_Solicitation.docx

W81XWH-17-T-0111

Section SF 1449 - CONTINUATION SHEET

SUPPLIES AND PRICES

1. AGREEMENT

1.1 This acquisition is under the NAICS code of 322219 Other Paperboard Container Manufacturing.

1.2 The resultant Blanket Purchase Agreement (BPA) will be on a DD 1155 which will not include any Contract Line Item Numbers (CLINs). Therefore, there are no CLINs included on this solicitation.

1.3 The Government expects to award a single-award BPA resulting from this solicitation. All resultant Call Orders will be Firm Fixed Price.

2. EXTENT OF OBLIGATIONS

2.1 The Government is obligated only to the extent of authorized purchases ordered and received under the resultant BPA.

2.2 Ordering Officers with a Government Purchase Card (GPC) are limited to $25,000.00 for each Call Order. All orders above $25,000.00 will be issued by a USAMRAA Contracting Officer on a call order.

2.3 Individual Call Orders may exceed $150,000 in accordance with AFARS 5113.303-5. Ordering Officers with a Government Purchase Card (GPC) are limited to $25,000.00 for each Call Order.

3. ISSUANCE OF CALL ORDERS

3.1 All deliveries under the resultant BPAs will be set forth in individual Call Orders. All Orders will be issued in accordance with (IAW) the requirements and all clauses listed in this solicitation.

3.2 The anticipated collective maximum amount of all Call Orders issued against the resultant BPA for the five (5) year ordering period (1 April 2017 – 31 March 2022) will not exceed $2,000,000.

3.3 Issuance of verbal or oral Orders is authorized under the resultant BPA for the GPC Ordering Officers and the USAMRAA Contracting Officer. Call Orders issued by the USAMRAA Contracting Officer will be on the DD 1155 or SF 1449.

STATEMENT OF NEED

Climate Controlled Boxes for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel Blanket Purchase Agreement (BPA)

1. SCOPE

The U.S. Army Medical Research Acquisition Activity (USAMRAA) on behalf of its customer activity, the U.S. Army Medical Materiel Center, Europe (USAMMCE) and U.S. Army Medical Materiel Center, Southwest Asia (USAMMC-SWA) has a recurring requirement for Climate Boxes for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel. These boxes are used by USAMMCE and USAMMC-SWA to send high-value medical items to medical units stationed and deployed throughout Europe & Southwest Asia.

2. OBJECTIVE

The Government intends on issuing a Single Award BPA for Climate Boxes and supplies for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel. The BPA shall be established for one 60-month period. The requirements for Climate Boxes from USAMMCE and USAMMC-SWA are urgent and cannot be filled by the normal medical logistics supply chain. The Government seeks to establish an acquisition relationship with a manufacturer or distributors of Climate Boxes for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel in order to offer to the Government a streamlined, cost effective, and efficient manner in which to purchase these types of specialized boxes.

3. DESCRIPTION OF AGREEMENT

Vendor shall furnish Climate Boxes for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel if and when ordered by the contracting officer or a designated ordering officer from 1 April 2017 to 31 March 2022. Listed below in Table 1, Table 2 and Table 3 are the types of shipping containers that will to be supplied by this BPA. Pricing shall be in accordance with the Price Proposal and Non-Price Proposal in of this BPA.

4. EXTENT OF OBLIGATION. The Government is obligated only to the extent of authorized purchases ordered and received under this BPA.

5. PURCHASE LIMITATION

The dollar limitation for each individual purchase under the BPA may exceed $150,000.00 or equivalent Euros.

6. INDIVIDUALS AUTHORIZED TO PURCHASE

a. The authorized USAMMCE and USAMMC-SWA callers for this BPA are:

Martin Zimmermann Birgit Sauer-Strasser

7. ORDERING PROCEDURES

Due to the limited storage space available at USAMMCE, shipments of 2 to 4 weeks’ worth of usage of each size will be ordered. Periodically individuals authorized to purchase using this BPA will contact the contractor with that current order. The contractor will process orders using proposed pricing for that ordering period. All orders shall be delivered no later than 5 business days after confirmation of order. Monthly these individual orders will be rolled up into separate BPA calls. To optimize pricing, all orders shall be made in full truckloads (26 pallets) if practical.

8. DELIVERY TICKETS

FAR 13.303-3(a)(5) requires that all shipments made under this agreement be accompanied by delivery tickets or sales slips that contain the following minimum information

1. Name of supplier

1. BPA number

1. Date of purchase

1. Purchase (delivery order) number

1. Itemized list of items furnished

1. Quantity, unit price, and extension of each item

1. Date of delivery or shipment

9. SHIPPING INSTRUCTIONS

The items ordered under these BPAs are destined for Outside the Continental United States (OCONUS) activities. Items will be delivered Freight On Board (FOB) Destination to USAMMCE in Pirmasens, Germany until May 2017. After May 2017*, items will be delivered Freight On Board (FOB) Destination to USAMMCE in Kaiserslautern, Germany. Some select orders may have amplifying shipping labels that may need to accompany those orders; contractor is expected to provide these amplifying instructions. All orders will be shipped (FOB) Destination to USAMMCE in Pirmasens or Kaiserslautern, Germany, some select orders may proceed onto other destinations other than USAMMCE in Pirmasens or Kaiserslautern, Germany. All orders shall be delivered no later than 5 business days after confirmation of order.

* USAMMCE will move to Kaiserslautern Army Depot (KAD), Germany in the summer of 2017. The scheduling of deliveries to either Pirmasens or KAD is based upon contracted movement coordinators and completion of facilities to be occupied by USAMMCE at KAD. Dates will be locked in within the next month, or so, but some flexibility in the contract is needed should the schedule slip to right or left.

b. The contractor will send all invoices electronically to the following email addresses to be matched with the appropriate receiving reports: birgit.sauer-strasser.ln@mail.mil

c. Invoices will be only paid upon receipt of material ordered. Payment will be made by Government Purchase Card (VISA) upon receipt of proper invoice. Authorized activities may use their Government Purchase Card for payment subject to the limitations established by GPC issuing authority (ERCO or USAMRAA). Proper invoice must show the CLIN number ordered Description, Quantity, Unit of Issue, Unit Price and Total Amount.

d. A summary report/invoice shall be submitted monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period (1 month), identifying the delivery tickets covered therein, stating their total dollar value, quantity ordered, product name, catalog number and supported by receipt copies of the delivery tickets. This report shall be provided to the Contract Specialist and the Ordering Official.

11. Salient Characteristics – Brand name or equal to Topa Verpakking

(Table 1) (Metric System)

(Table 1.1) (Imperial System)

All Climate Boxes for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel listed above in Table #1 shall be able to maintain an internal temperature of 2 to 8 degrees Celsius for 72 hours without requiring additional cooling (refrigeration, ice, or cold packs) when outside ambient air temperature is -25 degrees to 22 degrees Celsius.

(Table 2) (Metric System)

*Gel Packs shall be easy to freeze and non-toxic.

(Table 2.1)(Imperial System)

(Table 3) (Metric System)

*Gel Packs shall be easy to freeze and non-toxic.

(Table 3.1) (Imperial System)

12. REPORTS

Vendor shall provide monthly purchasing information to the Contracting Officer/Contract Specialist detailing products ordered by:

1. Order Number

1. Ordering Official

1. Order Date

1. Order Ship Date

1. Total Order Amount (dollar amount or Euros equivalent)

1. Date of Receipt @ USAMMCE

1. Invoice Payment Date

1. Cumulative (dollar amount or Euros equivalent) for all orders to Date on BPA

BPA ADMINISTRATION

1. PAYMENT

Payment procedures will be indicated on each Call Order.

2. CONTRACTING OFFICER’S REPRENSETATIVE (COR)

The COR for the resultant BPAs will be assigned via a separate appointment letter.

3. BPA MANAGEMENT

It is the contractor’s responsibility to notify the Contracting Officer (KO) immediately if there are any administrative changes such as contact information. Additionally, the contractor shall immediately contact the KO to request clarification when a question arises regarding the authority of any person to act for the KO under the resultant BPAs.

4. INTERPRETATION OR MODIFICATION

No verbal or written statement by any person other than the KO, or his/her authorized representative acting within the scope of his/her authority, shall be interpreted as modifying or otherwise affecting the terms of this solicitation and the resultant BPAs. All requests for amendments/modifications shall be made in writing to the KO or Contract Specialist.

5. ANNUAL BPA REVIEWS

The resultant BPAs will be reviewed annually, in accordance with FAR 13.303-6 to ensure that authorized procedures are being followed and to determine if updates and/or modifications to existing terms and conditions are appropriate.

6. CALL ORDERS

6.1. The contractor shall perform in accordance with the agreement schedule and as called for by Orders issued in accordance with the following procedures.

6.2. The DD 1155 or SF 1449 will be used to issue Call Order assignments and to signify Contracting Officer notification to commence work under the individual Call Orders. The contractor shall not proceed with the Call Order assignments until notification is received from the Contracting Officer or authorized GPC Ordering Officers.

6.3. The Call Orders, and modifications to Call Orders, will be numbered by the issuing office. Modifications to the Call Order will be designated by the modification number and contain the original Call Order number.

6.4. The contractor shall identify all correspondence, reports, drawings, and other pertinent papers in connection with the BPA by imprinting thereon the Call Order and the BPA number, plus any other references furnished by the Contracting Officer. Note that the BPA number will follow this format: W81XWH-17-A-XXXX.

6.5. The total of all completed and outstanding Call Orders will at no time exceed the current amount obligated.

6.6. Procedures:

6.6.1. Prior to issuance of a Call Order and upon definition of the Government requirement, either

1. The Contract Specialist will, in writing, issue to the contractor a Call Order Request for Quote (RFQ), or

1. An authorized GPC Ordering Officer will, in writing or verbally, issue to the contractor a Call Order RFQ

6.6.2. The contractor shall provide its Call Order quote to the Contract Specialist or authorized GPC Ordering Officer by a date mutually agreed upon but no later than five (5) working days after receipt of the RFQ, unless otherwise specified.

6.6.3. The Government will award a Call Order to the offeror whose proposal is deemed most advantageous to the Government based upon the evaluation factors defined in the Call Order RFQ.

7. BPA CEILING

The cumulative ceiling price of the BPA issued against this solicitation will be $2,000,000. The contractor agrees that the work performed under the resultant BPA shall be accomplished within the specified ceiling price. Unless and until the Contracting Officer has notified the contractor in writing that the ceiling price has been increased and the amount of the increase, any costs incurred in excess of the ceiling price shall be borne by the contractor. Contractor entitlement to the monies specified as the BPA ceiling is derived solely from the issuance and successful performance of Call Orders against that ceiling amount.

DELIVERY INFORMATION

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 (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.

ADDENDUM TO 52.212-1

ADDITIONAL INSTRUCTIONS TO OFFERORS

1. TECHNICAL QUESTIONS AND PRE-PROPOSAL DISCUSSION

Questions concerning the solicitation are due no later than 21 February 2017 at 11:00 AM Eastern Time. Questions shall be submitted to James Cheng at james.cheng1.civ@mail.mil. An amendment to the solicitation will be posted in order to address the questions received; however, no questions will be addressed after the cutoff date and time listed above. Please note that only one (1) set of question will be accepted by the Government

2. INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF PROPOSALS

Failure to submit all documents concurrently and in accordance with these instructions may render a proposal unacceptable. The proposal shall be submitted electronically via email to james.cheng1.civ@mail.mil no later than 16 March 2017 at 11:00 AM Eastern Time.

3. PROPOSAL EVALUATION

To aid in evaluation, proposals shall be practical, specific complete, and logically assembled. The proposal shall be in a clear, concise format satisfying all requirements of this solicitation. It shall be in sufficient detail to demonstrate a complete understanding of the work to be accomplished.

4. THE PROPOSAL

The overall proposal shall consist of three (3) separate volumes, individually titled. Each volume shall be appropriately titled, as follows:

Volume I shall be broken up into four (4) sections: Executed Solicitation Documents, Executive Summary, Technical, and Past Performance information (excluding the completed past performance questionnaires submitted from past performance references). The entirety of Volume I, should not exceed twenty (20) pages, including appendices, matrices, and tables. Fold-outs (either 8 ½” by 14” or 11” x 17”) shall count as two (2) pages each. Proposals shall be typed in 12-point, Times New Roman font using 1” margins on the top, bottom and sides. Graphics, tables and matrices are exempt from the 12-point font requirement. The Table of Contents, Solicitation (executed copy of this SF1449 and any amendments), tabs and index sheets will not be counted towards the page limits listed above. Any pages exceeding the page limitation or any pages containing materials not legible to the evaluators will be disregarded and will not be evaluated.

There are no page limitations for Volume II and III of the proposal. However, an electronic copy of the Offeror’s Commercial Published Price List, including any additional discounts off of their current pricing shall be submitted as part of Volume II.

4.1. Contents of the Technical Proposal (Volume I)

All sections of the Offeror’s Technical Proposal shall make direct reference to the Topa Verpakking brand name or equal Climate Boxes and supplies for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel as outlined in the SON and Product List (Section 11 of the SON). If an equal product is proposed, the Offeror shall directly reference the salient characteristics in order to be evaluated IAW FAR 52.211-6. The Proposal shall be presented in a clear and logical order. Statements such as “will comply”, “meets the intent of”, or “we intend to meet the requirements” and the like, will not suffice for evaluation purposes.

Section 1 – Executed Solicitation Documents (SF 1449) Shall contain a signed copy of the SF1449 and signed amendments (if any).

Section 2 – Executive Summary The Executive Summary shall not exceed one (1) page and should briefly summarize the content and identify the key points of the Offeror’s Technical Proposal.

Section 3 – Technical Acceptability The Offeror shall clearly demonstrate that it has a clear understanding of the requirements outlined in the Request for Quote (RFQ) to include the Statement of Need, the Product List which identifies the specifications of the required products. Offerors shall clearly illustrate how they meet the required delivery requirements per Section 9 of the SON. All orders shall be delivered no later than 5 business days after confirmation of order. The Offeror’s proposal shall include all required documentation detailed in the list below.

Section 4 – Past Performance The Offer shall provide past performance questionnaires (Exhibit A) to past performance references/points of contact for contracts of similar nature (size, scope and complexity) to be completed and returned to the Contract Specialist for this requirement. A contract of similar nature is a contract of comparable risk – functions, responsibilities, and control exercised by the Contractor which is essentially the same as required under this solicitation.

The Offeror shall also provide the following information for the points of contact to whom they provide the Past Performance Questionnaires (Exhibit A) for submittal to the Government. This information shall be provided as part of Section 4 within the Technical Proposal Volume:

1. Name of the Organization that will be providing the reference (Exhibit A)

1. Name of the individual Point of Contact (POC)

1. Current POC Telephone number

1. Current POC email address

1. Contract Number

1. Period of Performance

1. Brief statement explaining the scope of work to include the contract value (in terms of dollars).

4.2. Contents of the Price Proposal (Volume II)

The Offeror shall provide a Price Proposal to include the following items:

· Electronic copy of the Offeror’s Commercial Published Price List for Climate Boxes and supplies for Temperature Controlled Shipping of Refrigerated and Frozen Medical Materiel (including any additional discounts off of its current pricing);

· A completed copy of proposed pricing for Shipping. (Shipping Cost will be Fixed Priced at the Call Order Level. All associated Shipping Cost will be finalized at the time of each Call Order.)

The Offeror’s Price Proposal, to include all of the aforementioned items, will be incorporated into the resultant BPA award. The Offeror is encouraged to propose additional discounts off of their Published Price List for this Blanket Purchase Agreement. Please indicate the discount amounts within your proposal for review. After award of the base BPA, the Offeror may propose additional discounted price(s) to the Government in response to Call Order Request for Quotes. Call Order total values however, shall not exceed the individual Call Order limitations established in the Master BPA.

4.3. Contents of the Administrative Documents (Volume III)

4.3.1. OCI Mitigation Plan (If Applicable): Offerors are directed to review FAR 9.5, Organizational and Consultant Conflicts of Interest (OCIs). Please be advised that the Government may not make an award that would result in a prohibited OCI. Therefore, offerors shall identify in their proposals any and all potential OCI that might result 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. If no current or potential OCI is identified, then the Offeror shall provide a statement within the proposal indicating that OCI does not exist for this effort.

4.3.2 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) and DFARS 252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014): Offerors are directed to fill-in and complete the representations and certifications in FAR 52.212-3 and DFARS 252.209-7992.

5. COST/PRICE COMPETITION

It is expected that there will be adequate price competition; therefore, the Offeror is not required to provide other than certified cost or pricing data IAW FAR 15.403-1(c). However, if after receipt of the proposals, the Contracting Officer determines that data other than certified cost or pricing data is required, the Offeror shall provide this information upon request.

6. PERIOD FOR ACCEPTANCE OF OFFERS

The offeror shall hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) Basis for Award and Evaluation

The Lowest Price, Technically Acceptable (LPTA) process is selected as appropriate for this acquisition because the best value is expected to result from the selection of the technically acceptable proposal(s) with the lowest evaluated price(s). For purposes of this requirement, LPTA is defined as any technically acceptable offer for which the proposed pricing is determined fair and reasonable.

Please note that if upon evaluation, an Offeror is deemed “Unacceptable” for either Technical or Past Performance, it will be excluded from award consideration.

The Government intends to evaluate proposals and award a single-award Blanket Purchase Agreement (BPA) without discussions to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary in accordance with FAR 15.306. Therefore, the Offeror’s initial proposal should contain its best terms from both price and technical standpoint.

1. Evaluation Criteria

The award will be made based on the LPTA source selection process. The following factors shall be used to evaluate offers:

Factor 1 – Technical Acceptability (Requirements per Section 9 and Section 11), Factor 2 – Past Performance (Relevancy and Recency), and Factor 3 – Price (Complete, Fair and Reasonable)

Each of the evaluation factors will be rated as follows:

1. Factor 1 – Technical Acceptability

A technically acceptable proposal will demonstrate that the Offeror has a clear understanding of the requirements outlined in the Request for Quote (RFQ) to include the Statement of Need, the Product List which identifies the specifications of the required products, and all orders shall be delivered no later than 5 business days after confirmation of order.

2. Factor 2 - Past Performance

There are two aspects to the past performance evaluation:

a. The first aspect is based on the Offeror’s record of recent and relevant performance. The Government will assess the relevancy in past performance efforts performed within the past three (3) years of a similar nature (scope, size, and complexity) in accordance with the solicitation. The Government will evaluate this aspect of past performance based on the information contained within the Offeror’s proposal and completed past performance questionnaires (Exhibit A) that are submitted by the past performance references.

b. The second aspect of the past performance evaluation is to determine how well the contractor performed on the previous contracts. The past performance references reviewed will be based on the completed past performance questionnaires.

Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of demonstrating relevancy, recency, and quality of the past performance rests with the Offeror. Other sources available to the Government include, but are not limited to, the Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS).

In the case of an Offeror without a record of recent/relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance in accordance with FAR 15.305(a)(2)(iv). Therefore, the Offeror shall be determined to have unknown past performance. In the context of Acceptability/Unacceptability, “Unknown” shall be considered “Acceptable.”

3. Factor 3 – Price

The cost/price will be evaluated separately from all non-cost/price factors. The objective of price analysis is to ensure that the final agreed-to price is fair and reasonable in accordance with FAR 12.209 and FAR 15.404-1(b).

The Government intends to award a single BPA to the lowest priced technically acceptable Offeror. For purposes of this requirement, LPTA is defined as any technically acceptable offer for which the proposed pricing is determined fair and reasonable.

4. Rating Standards for the Non-Cost/Price Factors and Definitions

4.1. Technical Ratings

4.2. Past Performance Evaluation Ratings

4.3 Definitions

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

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

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) 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…