Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION INSTRUCTIONS

1. Issue Date: 24 January 2018 2. Close Date: 12 February 2018 at 3:00 pm EST

3. Contracting Activity: U.S. Army Medical Research Acquisition Activity (USAMRAA) located at 820 Chandler Street, Fort Detrick, MD 21702

4. Requiring Activity: U.S. Army Medical Research Institute of Chemical Defense (USAMRICD) located at E2900 Ricketts Point Rd, Aberdeen Proving Ground MD 21010-5400

5. Subject: COMBINED SYNOPSIS/SOLICITATION INSTRUCTIONS

6. Solicitation Number: W81XWH-18-Q-0078

7. Description of Requirement: The U.S. Army Medical Research Institute of Chemical Defense (USAMRICD), Wood Technical Library, has a requirement for annual subscriptions, to domestic and foreign published scholarly journals in the Biological, Chemical, and Bio-Medical Disciplines.

7.1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

7.2 This combined synopsis/solicitation issued as a Request for Quote (RFQ).

7.3 This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95; 19 January 2017.

7.4 This acquisition is being competed as 100% small business set aside.

7.5 Contract award shall be made on a competitive best value basis using “Lowest Price, Technically Acceptable (LPTA)” approach.

7.6 The Contract Line Items Numbers (CLINs) and items, quantities units of measure, and description are identified under the Supplies/Services Section of the RFQ.

7.7 The anticipated date of delivery is 30 days after contract award (ADC) with shipping Free On Board (FOB) Destination IAW FAR 52.247-34.

REQUEST FOR QUOTE W81XWH-18-Q-0078

7.8 FAR provision 52.212-1 Instructions to Offerors- Commercial Items including the Addendum applies to this acquisition and the attached RFQ.

7.9 FAR provision 52.212-2 Evaluation—Commercial Items applies to this acquisition including the Addendum in the attached RFQ.

7.10 Offerors responding to this combined synopsis/solicitation shall include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications—Commercial Items with its quote.

7.11 The FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items applies to this acquisition.

Additional contract requirements and terms and conditions are identified in the attached RFQ.

7.12 The FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. See the clause for additional FAR clauses cited and marked which are applicable to this acquisition.

8. Point-of-Contract: The point-of-contact for this acquisition is Ms. Cathy Hutchinson;

catherine.hutchinson4.civ@mail.mil. No telephone calls will be accepted.

9. Instructions for the Preparation and Submission of Quotes

9.1 Quotes shall be prepared in accordance with this solicitation and FAR provision 52.212-1 Instructions to Offerors- Commercial Items including the Addendum which is included with the attached RFQ.

9.2 All quotes shall be evaluated in accordance with the evaluation criteria identified in the Addendum to FAR 52.212-2 Evaluation—Commercial Items included with the attached RFQ.

9.3 The Government reserves the right to reject any or all quotes, and to award no contract at all, depending on the quality of the quote(s) submitted and the availability of funds.

9.4 Questions: Questions shall be submitted via e-mail to Ms. Cathy Hutchinson;

catherine.hutchinson4.civ@mail.mil no later than 5 February 2018 at 3:00 PM. EST. Questions received after this date will not be accepted.. An Amendment to this RFQ will be posted to FedBizOpps with responses to the questions received. No telephone calls will be accepted.

9.5 Quotes: Quotes in response to this RFQ are due via e-mail no later than 12 February 2018 at 3:00 PM EST to Ms. Cathy Hutchinson; catherine.hutchinson4.civ@mail.mil.

9.6 The Offeror shall agree to honor proposed prices for 60 calendar days from the due date for receipt of quotes.

REQUEST FOR QUOTE W81XWH-18-Q-0078

ITEM

NUMBER DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT PRICE AMOUNT

0001 Calendar Year 2018 Journal Subscriptions 1 Base Year See Attachment 1 "List of Required Journals"

FFP

FOB Destination

1001 Calendar Year 2019 Journal Subscriptions 1 Option Year 1 See Attachment 1 "List of Required Journals"

2001 Calendar Year 2020 Journal Subscriptions 1 Option Year 2 See Attachment 1 "List of Required Journals"

3001 Calendar Year 2021 Journal Subscriptions 1 Option Year 3 See Attachment 1 "List of Required Journals"

4001 Calendar Year 2022 Journal Subscriptions 1 Option Year 4 See Attachment 1 "List of Required Journals"

GRAND TOTAL

Minimum Essential Characteristics

SUBSCRIPTION SPECIFICTIONS

1. The US Army Medical Research Institute of Chemical Defense (USAMRICD) Wood Technical Library requires the delivery of magazine subscriptions for calendar year (CY) 2018 with four option years (CY2019, CY2020, CY2021, and CY 2022, if exercised).

See the attached List of Required Journals for publication titles, ISSN numbers, and number of issues per subscription year.

2. Contractor is responsible for:

a. Placing orders for domestic and foreign periodical subscriptions with publishers. (The titles required by the library are not mass circulation magazines but scholarly journals in the biological, chemical, and bio-medical disciplines. Approximately 50 percent of the titles are published in foreign countries).

b. Providing order confirmation of journal subscriptions to Wood Technical Library within 10 business days of receipt.

c. Paying invoices received from the publisher, in currency requested, within 30 business days of receipt unless otherwise indicated by publisher

d. Providing centralized receiving site for all subscriptions. At this site, preferably in the same United

Parcel Service (UPS) zone as Aberdeen Proving Ground, the contractor shall check the journals into an automated receiving file, except for those designated as “Drop Ship. As journal boxes may be up to 25 lbs in weight and as several boxes may arrive at once, it is more practical for them to arrive via the loading dock by freight rather than the mailroom by US Postal Mail.

e. Obtaining missing journal issues and placing claims for non-receipt of individual issues within the time frame established by each publisher. Upon receipt of the claimed journal issues the contractor shall check them into an automated receiving file and then ship them to the library. The contractor shall not wait for any claim action from the USAMRICD Library and shall be able to obtain from publishers replacement copies for journals found to be defective, mutilated, lost in transit, or otherwise missing, if reported within 60 calendar days.

f. The USAMRICD Library will directly contact, within 60 calendar days, the contractor to request claims for those titles designated as “Drop Ship” since these do not pass through the contractor’s centralized receiving site.

g. Providing the same ordering, receiving, preparation, and claiming for foreign titles as for domestic titles, except that designated foreign titles shall be air-shipped to a US port of entry for subsequent shipment by parcel service to the USAMRICD Library.

h. Providing notice to the USAMRICD Library of all actions taken in the interest of the library including but not limited to:

(1) Notice of all orders placed and of those rejected by the publisher within 45 days of contract award.

(2) Notice of annual or cumulated indices available from the publishers that are not included in the journal subscription price.

(3) Notice of title changes, special and supplemental issues or volumes, and other publications associated with the ordered titles, but not covered by the subscription price.

i. Provide a specific point of contact to avoid voice mail and telephone tag and access to a serial librarian during normal working hours for the Contracting Officer’s Representative (COR).

Response to telephone queries and/or complaints should be made within 24 hours.

j. Submit cumulative subscription invoice via Wide Area Workflow (WAWF) pursuant to Army policy.

3. DELIVERABLES

a. Journals

a. Print journals shall have customized library labels (supplied by USAMRICD library) affixed to cover.

b. Print Issues shall be shipped within three working days of receipt at contractor’s location.

c. Contractor shall provide assistance to the library in activating electronic access for online journals (e. g. customer subscription number, licensing information, publishers’ web addresses, etc.).

b. Management Reports ------- Printed Packing List

a. Packing lists shall accompany journal shipments.

b. Lists shall include: Journal Title; International Standard Serial Number (ISSN); Quantity;

Volume; Issue; Date.

c. Automatic Claiming

a. Contractor shall provide a printed monthly claims list.

b. Claims lists shall include Journal Title; Claim Number; Contract Number; Publisher

Replies/Claim Notes.

c. Contractor shall submit a sample claims list.

d. Contractor shall submit claims for missing or damaged journal issues within 60 days.

Contractor shall not wait for any claim action from the USAMRICD Library.

e. Contractor shall submit claims for missing or damaged Drop Ship titles when notified of non-receipt by COR.

4. The Contractor will be monitored by the COR to ensure all deliverables are received in accordance with the above specifications. The COR shall upload the report monthly to the VCE-Tool for the Contracting Officer’s review and approval.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLIN PERIOD OF PERFORMANCE QUANTITY SHIP TO ADDRESS DODAAC

DATE OF AWARD to 31 DEC 2018 USA MED RESEARCH INST OF CHEM DEFENSE

EDGEWOOD AREA

E2900 RICKETTS POINT RD

ABERDEEN PROVING GROUND MD 21010-5400

FOB: Destination

1 JAN 2019 to 31 DEC 2019 (SAME AS PREVIOUS LOCATION)

FOB: Destination

1 JAN 2020 to 31 DEC 2020 (SAME AS PREVIOUS LOCATION)

FOB: Destination

1 JAN 2021 to 31 DEC 2021 (SAME AS PREVIOUS LOCATION)

FOB: Destination

1 JAN 2022 to DEC 2022 (SAME AS PREVIOUS LOCATION)

FOB: Destination

1 W23MEX

1 W23MEX

1 W23MEX

0001 1 W23MEX

1 W23MEX

52.202-1 DEFINITIONS Nov-13 52.203-3 GRATUITIES Apr-84

52.203-11

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS Sep-07

52.203-12 LLIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Oct-10

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS Apr-14

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER May-11 52.204-7 SYSTEM FOR AWARD MANAGEMENT Jul-13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE Jul-13 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING Jul-15 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR Nov-14 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE Jul-15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS Dec-14 52.204-20 PREDECESSOR OF OFFEROR Apr-16

52.209-2

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION Nov-15

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS Nov-18 52.217-5 EVALUATION OF OPTIONS Jul-90 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT Mar-00

52.219-1 Alt I SMALL BUSINESS PROGRAM REPRESENTATIONS ALTERNATE I Sep-15

52.222.22 PREVIOUIS CONTRACTS AND COMPLIANCE REPORTS Feb-99

52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS Jun-13

52.231-1 PAYMENTS Apr-84 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS Jun-13 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS Dec-13 52.242-15 STOP-WORK ORDER Aug-89

52.243-1 CHANGES--FIXED PRICE8/1987

52.246-16 RESPONSIBILITY FOR SUPPLIES Apr-84 52.247-34 F.O.B. DESTINATION Nov-91 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) Apr-12 52.249-8 DEFAULT (FIXED PRICE SUPPLY & SERVICE Apr-84 52.253-1 COMPUTER GENERATED FORMS Jan-91 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS Sep-13 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS Sep-13 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS Nov-11

252.203-7996

(DEV) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS REPRESENTATION (DEVIATION 2015-O0010) Oct-15

252.203-7997

(DEV) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003) Oct-15

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT Apr-92 252.204-7004 ALTERNATE A, system for award management Feb-14 252.204-7006 BILLING INSTRUCTIONS Oct-05

252.204-7008 (DEV) COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS Dec-15 252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION Nov-13 252.211-7003 ITEM UNIQUE IDENTIFICATION Mar-16 252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS Sep-10 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM Dec-12 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS Dec-12 252.225-7048 EXPORT-CONTROLLED ITEM Jun-13 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS Jun-12 252.232-7010 LEVIES ON CONTRACT PAYMENTS Dec-06 252.243-7001 PRICING OF CONTRACT MODIFICATION Dec-91 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS Jun-13 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT Mar-08 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA Apr-14

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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);

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ 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 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.

https://www.acquisition.gov/

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

(End of provision)

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

(a) The Government Award: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 Technical Capability/Specifications Factor 2 Price

(b) Basis for Award & Evaluation: Award of this contract shall be made on a competitive best value basis using “Lowest Price, Technically Acceptable (LPTA)” approach. Evaluation will be made to identify all Offerors whose quotes are technically acceptable in accordance with this RFQ and the evaluation criteria set forth below. Award will be made to the Offeror from the pool of technically acceptable quotes, whose price is the lowest. The Offerors’ quotes will be evaluated to ensure the Government receives a technically acceptable quote at a fair and reasonable price. The non-price evaluation factors are listed below:

Factor 1 - Technical Acceptability

A Technically Acceptable quote will demonstrates to the Government evaluators that the Offeror can provide the requested items in the solicitation and meet all requirements identified within the solicitation.

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the minimum requirements of the solicitation

Factor 2 – Price

The Offeror’s price quote will be evaluated to determine the price is fair and reasonable in accordance with FAR 12.209 and FAR 13.106-3.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL 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;

http://www.dol.gov/fairpayandsafeworkplaces

(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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(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 representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a womenowned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a womenowned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a womenowned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that—

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement…