Instructions_to_Offerors.pdf

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.

The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or

“DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional

SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and

Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting

Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.fbo.gov/.

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (July 2013)

The proposal preparation instructions are contained in Addendum to FAR 52.212-1, Instructions to Offerors –

Commercial Items (Apr 2014) of the RFP as shown below:

1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each

Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

3 Offerors are required to submit complete proposals (Technical, Past Performance and Price) through Federal

Business Opportunities at https://www.fbo.gov by 1300 hours Local Korea Time on the closing date of this solicitation with the following information requirements a thru f.

a. FACTOR I - TECHNICAL:

Subfactor 1 Prime Contractor’s Business Registration: The offeror shall have a current and valid Business

Registration (사업자등록증) & High-Pressure Gas-Charged Business License (고압가스충전사업허가증) granted by Republic of Korea (ROK) Government in English and Korean.

Subfactor 2 Prime Contractor’s Prior Experience: The offeror shall have at least two (2) years experiences within the last five (5) years from the issuance of this solicitation in repair/testing/adjustment/refill of compressed gas cylinders as same or similar as referenced in the PWS. A subcontractor's experience cannot substitute for the prime contractor's experience. The offeror(s) shall provide evidence of prior experience as required below:

. The title of the contract/project.

. A description of work completed.

. Name of contract/project

. Length of contract/project (year/month/date – year/month/date)

. Value of contract/project in KW for total amount.

. Registrations and Certification.

. Complete name of point of contract at Client Organization.

. Phone number of point of contact (POC) of Client/Reference

Sub-factor 3 Certification for Hydrostatic Test: The offeror shall have Test/Requalification Certificate issued by

United States (US) DOT for hydrostatic test of US cylinders under Section 107.805 of Title 49 code of Federal Regulation

(49 CFR).

https://www.fbo.gov/

b. FACTOR II. PAST PERFORMANCE: Past performance will be rated on an acceptable or unacceptable basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the

Offeror from sources other than the references provided. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR Part 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." The offeror shall provide recent and relevant past performance in repair/testing/adjustment/refill of compressed gas cylinders service. Recent past performance is within the last five (5) years as of the opening date of the solicitation. Relevant past performance are those that are the “same or similar” services based on size, scope, complexity, and contract type.

(1) Contract references. For each Past Performance submission as required in the below format:

- The title of the contract/project

- A description of work completed

- Name of the Client Organization or Requiring Activity

- Length of contract/project (year/month/date – year/month/date)

- Value of contract/project

- Complete name, e-mail and phone number of POC at Client Organization

(2) The Government may send a Past Performance Questionnaire to the POC listed by the Offeror for each relevant contract, who will subsequently be requested to submit information to the Government no later than five (5) working days after Government issuance of the questionnaire.

Note: Offerors are reminded that while the Government may elect to consider data obtained from other sources, the

Government does not assume the duty to search for data to cure problems it finds in the proposals. The burden of providing thorough and complete past performance information rests with the Offeror.

c. FACTOR III. PRICE: The offeror shall provide complete CLIN identified for base year plus four (4) options. Any underlying assumption including proposed escalation rates between the base and subsequent periods shall be clearly explained.

The price proposal shall set forth a summary of the total proposed price and a breakdown of the proposed price of each CLIN separately. The price summary spreadsheet shall be provided for the base year and each option year.

Any escalation in option year pricing shall be identified.

Prices shall be in local currency (Korean Won). If there is no proposed price, offeror shall put zero "0" in the

CLIN or Sub-CLIN.

d. Local Clause 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS: The offeror shall provide a complete Local clause 5152.204-4032.

e. Signed Solicitation and Amendment: Signed first page of the solicitation (SF1449) and each amendment

(SF30) (if any amendment were issued)

f. Point of Contact (POC): Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

4. PRE-AWARD SURVEY: A pre-award survey may be conducted on firms, to include joint venture partners and subcontractors indicating firm commitments to this acquisition, submitting proposals. The pre-award survey is to determine the prospective contractor’s responsibility in accordance with FAR Part 9.104-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three (3) working days of the request.

NOTE: Questions will be addressed to the Contract Specialist, Mr. Pak, Sin Nam at

SINNAM.PAK2.LN@MAIL.MIL. All questions must be received no later than 1300hrs on 20 May 2017 (local Korea time). Questions received after this date and time may not be answered.

5. Site Visit Conference:

a. Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site orientation schedule is as follows:

Time/Place: 1000 hrs, 24 May 2017 at Doo Little Gate, Osan AB

POC: Mr. Pak, Sin Nam , Tel: 031-661-5761

b. Offeror shall submit the following information to Mr. Pak, Sin Nam at SINNAM.PAK2.LN@MAIL.MIL by 15:00 hours, 23 May 2017 for temporary access. After sending e-mail, offerors shall confirm with Mr. Pak, Sin Nam at

031-661-5761 (Commercial) if the e-mail is delivered to his e-mail account.

Name (s) Maximum of 2 individuals per offeror

Korean Identification Number

c. The attendee must bring a photo identification card (주민등록증).

End of ADDENDUM to FAR 52.212-1 Instruction to Offerors – Commercial Items (Apr 2014) mailto:SINNAM.PAK2.LN@MAIL.MIL mailto:SINNAM.PAK2.LN@MAIL.MIL