W9098S21R0017.pdf

SEE ADDENDUM

(No Collect Calls)

W9098S21R0017 23-Jul-2021

b. TELEPHONE NUMBER

309-782-2456

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Jul 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9098S9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HEATHER J. PETERSEN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ROCK ISLAND ARSENAL (ACC-RI)

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

334519

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9098S21R0017

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NARRATIVE

1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues solicitation W909S821R0017 for a 3 Gas Analyzer (Brand Name or Equal too) in accordance with the Rock Island Purchase Description (RIPD) E4000- 21-9-39 dated 20 July 2021 in support of the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC). The solicitation is issued in accordance with FAR Part 12 (Acquisition of Commercial Items) and FAR Part 13.5 (Simplified Procedures for Certain Commercial Items). The result of this solicitation will be a Firm Fixed Price contract.

2. Your attention is directed to the following:

Addendum to FAR clause 52.212-1, Instructions to Offerors, and Evaluation Criteria.

Attachment 0001 – RIPD E4000-21-9-39 Attachment 0002 – CDRLs

3. Attachments to the solicitation are the following:

Attachment 0001 – SOW/RIPD Attachment 0002 – CDRLs Enclosure 1

4. The following proposed timeline for Project RIPD E4000-21-9-39 is based upon the contract award date and the number of calendar days between events. Time allocations are maximums for each stage. It is acceptable to complete a stage in fewer days than shown on the timeline and move on to the next stage.

The timeline for this project is as follows:

Contract Award Contract Award Equipment Delivery Contract Award + 98 Days Manuals Contract Award + 30 Days Final Acceptance Equipment Delivery + 30 Days

Total Maximum Time from Award to Acceptance Contract Award + 128-days

5. Offerors are cautioned to ensure their proposals are fully complete, including all fillins and blanks in the solicitation. Any offeror submitting a proposal agrees by submission that their proposal and the prices contained therein will be valid for 1 year after date of proposal.

6. Payment will be made by the Defense Finance and Accounting Service (DFAS) via Wide Area Workflow

(WAWF) DFARS 252.232-7006.

7. Army Contracting Command Government Point of Contact (POC) Attachment

**NOTE: Communication with the Government POC should start with the Contract Specialist.

The Contract Specialist is Heather Petersen, 309-782-2456, heather.j.petersen.civ@mail.mil. The Procuring Contracting Officer is Cathy Mendoza, 309-782-1258, cathy.k.mendoza.civ@mail.mil

8. Effective Immediately: Rock Island Arsenal (RIA) Visitor Access Passes are issued to individuals, not companies.

All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three (3) business days in advance. Pre-registering visitors allows for the NCIC-III background check to be conducted before the individual visits RIA, reducing the wait time necessary to complete the check. All visitors must complete a Visitor Access Request Form. Access Request Forms should be emailed or faxed prior to the delivery.

The Visitor Access Request Form can be found at http://www.usagria.army.mil/AccessRequests.

Follow the instructions on How to Obtain a Visitor Pass. All first time visitors must process through the Moline Gate Visitor Center.

TRUCKS MUST ENTER THROUGH MOLINE, IL GATE, OFF OF RIVER DRIVE IN MOLINE I-74.

Transportation Service Providers are required to send drivers with proper identification who meet all the installation access requirements. Transportation Service Providers are required to send United States Citizens and drivers that will pass applicable background checks failure to do so can result in warnings or Non-use. Real-ID access implementation is active at Rock Island Arsenal, IL. Individuals using a driver's license from the states of Illinois, Minnesota, Missouri, New Mexico or Washington will have to use a secondary form of Identification to enter U.S.

military installations. Additional forms of identification that may be used in conjunction with a state driver's license are Vehicle Registration with name and address, Veterans Health Identification Card, PIV Card, PIV-1 Card, DHS "Trusted Traveler" Card, U.S. Certificate of Naturalization or Certificate of Citizenship (Form N-550), and State of Illinois Firearm Owners Identification (FOID) card.

The prime contractor needs to ensure this information is passed on to any subcontractors and/or transportation providers they may utilize during performance of their contract. DRIVERS WHO DO NOT MEET THE

INSTALLATION ACCESS REQUIREMENTS, THEY WILL NOT BE ALLOWED ON THE INSTALLATION

AND WILL BE TURNED AWAY.

POC for this Policy are:

Rock Island Arsenal Visitor Center

(309) 782-0485 –phone

(309) 782-5029 -fax usarmy.ria.imcom.mbx.usag-access-request@mail.mil

INSTRUCTIONS TO OFFERORS

Addendum to 52.212-1 - Instructions to Offerors - Commercial Items

1. General Instructions: These instructions are a guide for preparing your proposal. These instructions generally describe the type and extent of information you should provide and address in your proposal. You are expected to review the SOW/RIPD contained in this solicitation for further insight into the areas that your proposal must address. You should include in the proposal sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated areas. It is the Government's intent to award a single Firm Fixed Price (FFP) contract. A Lowest Price Technically Acceptable (LPTA) process in accordance with FAR 15.101-2 is being utilized to select the successful offeror and no trade-offs will be made. The Government intends to evaluate proposals and award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial response should contain the offerors best terms and price. However; the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

2. Proposal Submission and Format: The offerors proposal shall be prepared and authorized by a person regularly employed by the offeror. The proposal should state the name of each person contributing to the authorship of the proposal, the persons position title, phone number, and email address of the person who should be contacted should a contract be awarded. The proposal should be prepared in a clear, legible, practical manner. In addition, the proposal shall be written in English and should be specific and complete as described in these instructions. Offerors must submit their proposals in electronic format prior to the closing date and time listed on the first page of this solicitation. Proposals may be emailed to the Contract Specialist listed as follows:

Contract Specialist: Heather Petersen Email: heather.j.petersen.civ@mail.mil

Other formats such as (but not limited to) third party cloud file services, hard copies, CDs, and Drop Box) will not be acceptable.

Failure to provide a complete proposal package will result in the offer being determined nonresponsive and it will no longer be considered for award.

The following factors will be evaluated on an ACCEPTABLE/UNACCEPTABLE basis. ACCEPTABLE:

Proposal meets the requirements of the solicitation. UNACCEPTABLE: Proposal does not meet the requirements of the solicitation.

In order for a proposal to be rated as ACCEPTABLE for the Technical factor, each subfactor identified must receive a ACCEPTABLE rating. Only those proposals which receive a ACCEPTABLE on all Technical subfactors will be further evaluated under the Price Factors.

Proposals shall be submitted as set forth below:

Factor 1: Techncial Subfactor 1: Experience Subfactor 2: SOW/RIPD Compliance Subfactor 3: Equipment Identification Subfactor 4: Warranty

Factor 2: Price

3. Factor 1: Technical SubFactor 1: Experience: In the regular course of its business for a period of at least 3-yrs preceding this solicitation, the provider and installer of this equipment shall have previously supplied and installed a 3 Gas Analyzer to the U.S.

Government or U.S. commercial industries.

The following shall be provided as evidence:

1.1 REFERENCES: Each offeror shall provide information of three (3) successful projects where they have provided and installed a 3 Gas Analyzer sh Booth to the US Government or US commercial industries. The contractor shall identify the type of equipment, customer/company name, POCs name, phone number, and email address for the three separate references. At least two confirmable successful deliveries/installations shall be required in order for the contractor to receive a “ACCEPTABLE” on experience.

SubFactor 2: RIPD Compliance: Each offeror shall provide a statement of compliance. It shall be a copy of the RIPD E4000-21-9-39 at Attachment 0001. At the end of each and every paragraph the offeror shall type or write exactly either "COMPLY" or "NON-COMPLY". Other formats will not be considered acceptable. The offeror may include reasoning or an explanation in the case that they state “NONCOMPLY” with any paragraph. In certain instances, the Government may determine these deficiencies as a “minor non-compliance” and to be an acceptable deviation to the specification.

SubFactor 3: Equipment Identification: Each offeror shall identify the specific Manufacturer and model number offered against each equipment component. The offeror may provide a written brochure to provide evidence that the proposed item will meet the performance characteristics required in the RIPD. As part of the proposal, the offeror shall also identify all software device drivers required for the equipment proposed. Versions for software and driver are required to be identified for the machines proposed.

SubFactor 4: Warranty: The proposal must include a minumum one year parts and labor warranty which shall begin upon final acceptance. The contractor will need to provide written documentation stating that the warranty will begin from date of final acceptance.

4. Factor 2: Price:

A firm fixed price for CLIN 0001 of this solicitation is required. The offerors shall enter firm fixed prices for CLIN 0001 at the CLIN level of this solicitation.

Prices shall be submitted on a FOB Destination basis. Ship to location is Rock Island, IL 61299.

All unit prices proposed will be binding. Prices shall be valid for 1 year after date of propsal. The Government reserves the right to require the submission of any data (i.e. certified cost or pricing data or data other than certified cost or pricing data) necessary to validate the reasonableness of a proposal.

EVALUATION CRITERIA

1. Basis for Contract Award: The Government plans to award a single Firm Fixed Price (FFP) purchase order utilizing the Lowest Price Technically Acceptable (LPTA) source selection procedures with FAR 15.101-2. The evaluation factors include Technical(ACCEPTABLE/UNACCEPTABLE) and Price. The technical factor will be rated as ACCEPTABLE/UNACCEPTABLE. Contractors who do not receive a ACCEPTABLE rating for all technical subfactors, and an overall ACCEPTABLE rating for the Technical factor will not be further evaluated and will not be eligible for award. The Government will not rate or rank proposals, but will select the proposal that provides the best overall value to the Government based on the lowest total evaluated price of those proposals deemed technically acceptable.

2. The Government intends to evaluate proposals and award a purchase order without discussions with contractors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial proposal should contain their best terms for technical and price. However; the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

3. Evaluation Factors:

Factor 1: Technical Subfactor 1: Experience: In the regular course of its business for a period of at least 3-yrs preceding this solicitation, the provider and installer of this equipment shall have previously supplied and installed a 3 Gas Analyzer to the US Government or US commercial industries. The following shall be provided as evidence:

1.1 REFERENCES: Each offeror shall provide information of three (3) successful projects where the contractor has provided and installed a 3 Gas Analyzer to the U.S. Government or U.S. commercial industries. The contractor shall identify the type of equipment, customer/company name, POCs name, phone number, and email address for the three separate references.

ACCEPTABLE: A proposal that includes the following:

References: Contact information including (type of equipment and model provided, customer/ business name, contact name with phone number, and current email address for the three separate references.)

for a minimum of 3 successful projects where the contractor has supplied and installed a similar 3 Gas Analyzer to industry for other than its own use.

The Government confirms a minimum of two successful projects where the contractor has supplied and installed a similar 3 Gas Analyzer to industry for other than its own use.

UNACCEPTABLE: A proposal that does not include the following:

References: Contact information including (type of equipment and model provided, customer/business name, contact name with phone number, and current email address for the three separate references.) for a minimum of 3 successful projects where the contractor has supplied and installed a similar 3 Gas Analyzer to industry for other than its own use.

The Government is unable to confirm a minimum of two successful projects where the contractor has supplied and installed a similar 3 Gas Analyzer to industry for other than its own use.

Subfactor 2: RIPD Compliance: Each offeror shall provide a statement of compliance. It shall be a copy of the RIPD E4000-19-1-04 at Attachment 0001. At the end of each and every paragraph the offeror shall type or write exactly either "COMPLY" or "NON- COMPLY". Other formats will not be considered acceptable. The offeror may include reasoning or an explanation in the case that they state “NON- COMPLY” with any paragraph.

In certain instances, the Government may determine these deficiencies as a “minor non-compliance” and to be an acceptable deviation to the specification.

ACCEPTABLE:

The offeror’s RIPD Compliance is a copy of the RIPD and at the end of each and every paragraph the vendor responded exactly either “COMPLY” or “NON-COMPLY”. If “NON-COMPLY” is written, a brief description of the non-compliance was provided. Any non-compliances which are determined to be minor non-compliances and are determined to be an acceptable deviation to the specification.

UNACCEPTABLE:

The proposal does not include a Compliance Statement or the Compliance Statement is not a copy of the RIPD and/or does not include at the end of each and every paragraph typed or written exactly either “COMPLY” or “NON-COMPLY”. If “NON-COMPLY” is written, a brief description of the non-compliance is not included.

Any non-compliances are determined to be unacceptable.

The equipment offered does not meet the requirements of the RIPD even if noted properly.

Subfactor 3: Equipment Identification: Each offeror shall identify the specific Manufacturer and model number offered against each equipment component. The offeror may provide a written brochure to provide evidence that the proposed item will meet the performance characteristics required in the RIPD. As part of the proposal, the offeror shall also identify all software device drivers required for the equipment proposed. Versions for software and driver are required to be identified for the machines proposed.

The offeror identifies the manufacturer and model number of the equipment being offered. The offeror also identifies all software device drivers required for the equipment proposed. Versions for software and driver are also required to be identified for the machines proposed.

The offeror's proposal does not identify the manufacturer and model number of the equipment being offered. The software device drives are not proposed. Versions for software and driver are not identified.

Subfactor 4: Warranty: The proposal must include a minimum one year parts and labor warranty which shall begin upon final acceptance. The contractor will need to provide a writing documentation stating that the warranty will begin from date of acceptance of equipment.

The offeror includes a minimum warranty of one year for parts and labor and will begin upon final acceptance.

The proposal does not include warranty information or the proposal does not include a minimum warranty of one year for parts and labor that does not begin upon final acceptance.

All offerors receiving a ACCEPTABLE rating for all Technical subfactors will receive a ACCEPTABLE rating for Factor 1: Technical and will be further evaluated on price. Offerors that do not receive a ACCEPTABLE rating for all Technical subfactors will receive a UNACCEPTABLE rating for Factor 1: Technical and will not be evaluated further or considered for award.

Factor 2: Price: For the offerors that receive a ACCEPTABLE rating on the technical factors, their proposals will be evaluated on the prices proposed for CLIN 0001.

The offeror shall enter a firm fixed price at CLIN 0001. Prices shall be submitted on a FOB Destination basis. Ship to location is Rock Island, IL 61299. The unit price will be binding. The Government reserves the right to require the submission of any data (i.e., other than cost or pricing data) necessary to validate the reasonableness of an offer.

Pricing shall be valid for 1 year after date of proposal.

The Government intends to award to the lowest priced, technically acceptable offer.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each 3-Gas Analyzer

FFP

Brand Name or Equal too.

Purchase of a 3-Gas Analyzer per the SOW/RIPD.

The vendor must comply with all of the requirements.

FOB: Destination MFR PART NR: mfg

PSC CD: 6640

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.212-2 Evaluation - Commercial Items OCT 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.215-7004 Requirement for Submission of Data Other Than Certified Cost or Pricing Data--Modifications-Canadian Commercial Corporation.

OCT 2013

252.215-7008 Only One Offer JUL 2019 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

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 (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. 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 that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) 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 FAR 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) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

PROVISIONS INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentially Agreement or Statements – Representaion JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO

IRAN--REPRESENTATION AND CERTIFICATIONS. OCT 2015

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation.

As prescribed in 23.804(b), insert the following provision:

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (Dec 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked “does” in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of Provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquistion Regulations Supplement, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

End of Addendum to 52.212-1 – INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

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

(a) 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:

SEE EVALUATION CRITERIA ABOVE

(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.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and…