RFP W90BRJ-22-R-0005.pdf

Request for Information, Attachment 0001 Submittal Registry, Attachment 0002, Nov 2015 Guardrail on Catw alk, Attachment 0003 Dirab SOW References, Attachment 0004, 07 July 2020 Dirab Statement Of Work (SOW), Attachment 0005, 21 Dec 2021 Draw ing No. 1 - Building Section C-C, 22 Dec 2016 Draw ing No. 2 - Floor Plans, 18 Nov 2014 Draw ing No. 3 - Roof Deck Details, 06 Nov 2019 Draw ing No. 4 - Elevations and Section View s (Tow er Cap), 06 Nov 2019 Draw ing No. 5 - Framing Plan & Details_Top of Slab, 06 Nov 2019 Draw ing No. 6 - Khashm Alaan ATCT_Tow er Cap Details, 19 Feb 2013 Draw ing No. 7 - Khashm Alaan ATCT_Tow er Cap Roof Details, 22 Aug 2013

DEREK M. SCHNORRENBERG 966-11-498-2480 X 448-7186

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

07-Jan-2022

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______3 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________14 Feb 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USA CONTRACTING COMMAND

ACC-RI CONTRACTING COMMAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299

W90BRJ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W90BRJ22R0005 44

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W90BRJ22R0005

Section SF 30 - Block 14 Continuation Page (SF 30)

SOLICITATION NARRATIVE

1. The United States Army Contracting Command- Rock Island (ACC-RI) requests a proposal for construction & repair, in accordance with Statement of Work (SOW), attachment 0005, at the Ministry of National Guard (MNG)- Dirab Airbase, Riyadh, Saudi Arabia. The scope of this project is to repair and/or modify various Air Traffic Control Tower (ATCT) Control Cab discrepancies to bring the Control Cab in compliance with UFC 4-133-01, survey and paint various airfield markings, and install Airfield signage in accordance with the SOW.

2. This Request for Proposal (RFP) is issued as a 100% full and open competition.

3. The Government intends to award a Firm Fixed Price (FFP) type of contract from this solicitation to the responsive, responsible offeror who submits the lowest priced technically acceptable proposal.

4. In order to align with current requirements of DoD Federal Acquisition Regulation Supplemental (DFARS)

201.304 and Army Federal Acquisition Regulation Supplemental (AFARS) 5101.304 there has been a change to the format of ACC-RI solicitations (and resultant contracts). This notice is to inform you of that format change and to advise you to review the entire solicitation thoroughly.

5. The Government anticipates price competition; therefore, cost data is not required to be submitted with the offeror’s proposal. However, the Government reserves the right to request cost data in the event competition does not exist.

6. Offerors are cautioned to ensure their proposals are fully complete, including all fill-ins and blanks in the RFP.

Any offeror submitting a proposal agrees by submission that their proposal and the prices contained therein will be valid for 60 days after receipt of final proposals.

7. The solicitation is issued subject to the availability of funds and the solicitation is currently unfunded. The Government reserves the right to not fund any work listed in the solicitation. See FAR clause 52.232-18.

8. Offerors should note the provision at FAR 52.215-1, “Instructions to Offerors – Competitive Acquisition”. The Government intends to award a contract resulting from this RFP without discussions with offerors (except clarifications described in FAR 15.306(a)). Therefore, offerors initial proposals should contain the best terms. The Government does however, reserve the right to conduct discussions if determined necessary by the Contracting Officer.

9. A site visit is estimated to be conducted late-January 2022. In an effort to receive the maximum participation for the site visit, Offerors must express their interest in attending the site visit by submitting an email to POC, Amanada Smith, at email address Amanada.l.smith.civ@army.mil and Mr. Sam Feleke, samuel.m.feleke.civ@army.mil, before COB January 18, 2022. No more than two employees per offeror will be permitted to attend the site visit, pending approval check. Email content at minimum shall include: Company name, names and position titles of personnel attending, and contact information to include email address and phone number.

Dirab Airbase is a MNG military base and requires MNG authorization for access. KTR personnel performing a site visit at Dirab Airfield will be issued identification badges in order to gain access through all security entry/exit gates. Offerors will be responsible to provide all Iqamas, driver licenses, and vehicle registration to Contractor Security Liaison for processing no later than three (3) calendar days after requested. Due to the nature of sensitive materiel and equipment in the Dirab ATCT, escort of KTR personnel may be required in accordance with MNG AVN TC 3-04.81.

10. Offeror questions regarding solicitation and work contained in the SOW shall be submitted to the solicitation POC no later than 1700 (5:00PM) KSA on February 1, 2022 in order to ensure that all questions can be answered and posted for all Offeror’s knowledge prior to solicitation closing. All questions should be directed in writing to

Amanada Smith by email, Amanada.l.smith.civ@army.mil and Mr. Sam Feleke, samuel.m.feleke.civ@army.mil, providing the RFP number, W90BRJ22R0005 in the subject line.

11. Proposal submission deadline is listed in BLOCK 13 of this solicitation. Proposal shall be sent electronically to Amanada.l.smith.civ@army.mil and derek.m.schnorrenberg.civ@army.mil.

Proposal submission must be sent electronically to Amanada.l.smith.civ@army.mil, and Derek.m.schnorrenberg.civ@army.mil. No hard copies will be accepted.

Offers shall reference solicitation number W90BRJ22R0005 and company name in the proposal email subject line.

In email body, please request receipt to confirm delivery.

There is no drop-box system for proposal submittal.

Our email system standard is an estimated limit of ten (10) megabytes per incoming email.

Please be aware that large files may require extra time to be delivered into our email system.

All proposal documents must be fully delivered into the email system, and time- stamped by the

Government server no later than BLOCK 13 of this document.

12. Offeror bank letter of guarantee shall be submitted via email. The United States Government reserves the right to request a physical copy of Bank Letter of Guarantee via mail and request tracking information to be submitted.

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

14. Clauses and provisions from the FAR and supplements are incorporated into this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

15. Offeror is required to be registered in the System for Award Management (SAM) database when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

16. SAM replaces CCR/FedReg, and ORCA. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.sam.gov/SAM/ or by calling 866-606-8220.

17. This RFP should not be discussed with any Government employee except the Contracting Officer, Mr. Derek Schnorrenberg, the Contract Specialist, Ms. Amanada Smith, or Mr. Sam Feleke. Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of any award resulting from this competitive acquisition.

18. The Government representatives for the RFP is Amanada Smith, Amanada.l.smith.civ@army.mil and Mr. Sam Feleke, samuel.m.feleke.civ@army.mil. Comments or questions should be directed in writing to Amanada Smith by email, providing the RFP number, W90BRJ22R0005 in the subject line.

Section 00 01 15 - List of Drawing Sheets

LIST OF ATTACHMENTS

Attachment 0001 - Request for Information Attachment 0002 - Submittal Registry Attachment 0003 - Guardrail on Catwalk Attachment 0004 - Dirab SOW References(revised) Attachment 0005 - Dirab Statement Of Work Attachment 0006 - Clause Addendum_Dirab Drawing No. 1 - Building Section C-C Drawing No. 2 - Floor Plans Drawing No. 3 - Roof Deck Details Drawing No. 4 - Elevations and Section Views (Tower Cap) Drawing No. 5 - Framing Plan & Details_Top of Slab Drawing No. 6 - Khashm Alaan ATCT_Tower Cap Details Drawing No. 7 - Khashm Alaan ATCT_Tower Cap Roof Details

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Dirab Airfield Repairs

FFP

Pre NTP Submittals, Design Services, Mobilization, Repair and Modify Infrastructure, Demobilize Personnel and Equipment, Closeout, Overhead and Profit, Value Added Tax 15% FOB: Destination

PSC CD: C1BZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2022 TO

31-OCT-2022

N/A N/A

FOB: Destination

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO OFFERORS (L)

Instructions to Offerors (Section L)

A. GENERAL INSTRUCTIONS. These instructions are a guide for preparing proposals. These instructions generally describe the type and extent of information the Offeror should provide and emphasize the significant topic areas the Offeror should address in the proposal. The Offeror is expected to review the Statement of Work (SOW) contained in Section C of this Request for Proposal (RFP) for further insight into the areas that the proposal must address.

The Offeror should include sufficient information to enable the evaluators to determine the Offeror’s understanding of the requirements in each of the evaluated areas. Data requested for evaluation has been clearly identified in this solicitation. Offerors should note the provision at FAR 52.215-1, “Instructions to Offerors – Competitive Acquisition”. The Government intends to award a contract resulting from Request for Proposal without discussions with offerors (except clarifications described in FAR 15.306(a)). Therefore, offerors initial proposals should contain the best terms. The Government does however, reserve the right to conduct discussions if determined necessary by the Contracting Officer.

Discussions will not be opened for the sole purpose of allowing an Offeror to submit data. Therefore, proposals lacking information may be considered unacceptable and may be eliminated from any further consideration. The Government reserves the right to not open discussions to allow for the submission of data that should have been submitted with the initial proposal.

The Offeror shall provide information by addressing each Factor and Subfactor in the format and sequence identified in this solicitation. The Offeror must provide information in sufficient detail to allow the Government to make an assessment of technical acceptability of the proposal.

B. PROPOSAL FORMAT. The Offeror shall submit a proposal for this requirement as outlined in paragraph IV. below. All proposal submissions shall be sent electronically to Ms. Amanada Smith at Amanada.l.smith.civ@army.mil and must be received by 14 February 2022 at 1100 US Central Daylight Time (CDT). The Offeror is responsible for ensuring that a full and complete proposal is received by the date and time established for receipt of timely proposals and should take into consideration file size and firewalls when submitting a proposal. Any proposal, or partial proposal, received after the time and date established for receipt of timely proposals will be considered late and will not be considered for award. Absent the opening of discussions, if required, the Government will not accept any changes, additions, or deletions for evaluation purposes.

I. PAGE LIMITATIONS AND LAYOUT. Proposals must be submitted in electronic form as attachments. The Government does not assume the duty to search for data or information to cure problems discovered in proposals. The burden of providing complete and thorough information to address the elements below remains with the Offeror. Each proposal shall include clear references to the corresponding paragraphs of the SOW or RFP that apply, as applicable.

II. VOLUME I - Technical Capability Factor. The volume is limited to no more than 50 pages.

III. VOLUME II – Price Factor. The Offeror shall submit pricing in the form of a .pdf or excel document. There is no limitation on the size of this volume.

IV. VOLUME STRUCTURE. Each volume shall have an Introduction and Table of Contents.

Each volume must be clearly labeled on a cover page with a cross-reference to each evaluation factor as detailed below.

a. Introductory Volume Introduction

Table of Contents Executive Summary Active SAM registration

Executed RFP and any amendments (signed by an individual authorized to bind the company)

b. Technical Capability Factor Introduction Table of Contents (Outlined in paragraph C.II below.)

c. Price Factor

C. PROPOSAL PREPARATION. The Offeror's proposal shall be prepared and authored by a person or persons regularly employed by the Offeror. 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. No samples or descriptive literature are to be specially prepared for submission with your proposal.

Adherence to the prescribed formats will simplify the review process for the evaluators.

I. Introductory Volume. A cover page containing company’s DUNS number and cage code, the name of each person contributing to the authorship of the proposal, the person's position title, and the position the person will hold in relation to the proposal should a contract be awarded. Include an Executive Summary - a concise narrative summary of the entire proposal. The Offeror shall submit executed copies of the RFP and all amendments.

II. Volume I – Technical Capability.

Subfactor 1 – Technical Plan.

The Technical Plan will include the proposed technical approach and understanding of the requirement. The Technical Plan shall be specific, detailed, and complete enough to clearly and fully demonstrate a sound technical approach, and a thorough understanding of the necessary methods and techniques for meeting performance standards and customer requirements in accordance with (IAW) the statement of work (SOW). The proposal shall include a plan to provide all labor personnel, equipment, supplies, transportation, tools, material, supervision, insurance, services, and other items and services necessary to perform the required services, and ensure the established standards, specifications, and regulations referenced in the SOW are met. The Technical Plan shall provide specific milestones to be met starting with the Notice to Proceed being issued and may not exceed 180 calendar days, IAW the SOW. The Proposal will mark these milestones referencing the numbering system established in the SOW. The plan shall address SOW-required equipment, materials, and program knowledge/experience IAW applicable Saudi Arabian regulations as well as US Department of Defense (DoD) and Army statutes and regulations, that demonstrate the Offeror’s ability to perform the requirements in accordance with the SOW.

Subfactor 2 – Past Performance.

Data submitted may represent either Government or commercial type contracts that are recent and relevant. If the Offeror has no recent or relevant Past Performance, the Offeror shall so state. For the purpose of submitting proposals, “recent” is defined as occurring within the three years prior to the solicitation closing date. “Relevant” is defined as a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance. The maximum number of allowable contracts that an Offeror may submit for Past Performance evaluation is five recent and relevant contracts. The Government will assess past performance information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The Government reserves the right to eliminate any past performance reference information that is determined to be irrelevant to this acquisition, i.e., not recent or relevant. In accordance with Federal Acquisition Regulation (FAR)

15.305(2)(ii), the Offeror may use past performance of current contracts (including Federal, State, local Government, and private) for efforts that are similar to the required services.

The Offeror’s past performance documentation shall include, at a minimum, the following information:

a. Contract Number, Award Date, and Contract type.

b. Price/Cost originally awarded and final price/cost (or projected final, if contract is current).

c. Period of performance.

d. Name, telephone number, and e-mail address for the following: Procuring Contracting Officer (PCO); Government technical point of contact or Contracting Officer Representative (COR).

e. A narrative description on each contract listed describing the objectives achieved.

f. Narrative explanation of why the contract is recent and relevant.

g. Completed Past Performance Contract References.

General Information - The Offeror is reminded that both independent data and data provided by the Offeror in the proposal may be used by the Government to evaluate past performance.

However, the burden of providing thorough, complete, and current information as requested in the above paragraph and within the solicitation remains with the Offeror. In the event that an Offeror has no past performance history, e.g., a new firm, the Offeror may submit past performance information for key personnel proposed to perform the contract requirements. For the purpose of submitting past performance information, the Offeror should also include past performance information on subcontractors that will perform critical aspects of the requirement, team members, partners, and other entities that comprise the proposal. The Government will consider past performance of subcontractors identified in the Offeror's proposal when assessing the Offeror's past performance.

Subfactor 3 – Bank Letter of Guarantee A electronic copy of the bank letter of guarantee, at a minimum 5% of total project value beginning at start of project extending through 1 year past project completion date as outlined in

SOW.

III. Volume II – Price Factor.

The Offeror may submit one total evaluated price or breakout of costs to arrive at a firm-fixed price. This contract will not be separately priced and Offeror is responsible for completing all work as outlined in the SOW. The Government reserves the right to require the submission of any data necessary to validate the reasonableness of an offer.

(End of Section L)

Section 00 70 00 - Conditions of the Contract

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

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(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 that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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 FAR subpart 4.10), or alternative commercial products or commercial services 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/).

(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 products, the make and model of the product 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

"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).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 SAM.]

(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 women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned 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.

Note: Complete…