W911KF-20-Q-0017.pdf
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SEE ADDENDUM
(No Collect Calls)
W911KF20Q0017 06-Feb-2020
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
10:00 AM 10 Mar 2020
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.
W911KF9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
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
ARMY CONTRACTING COMMAND - WARREN (ANAD)
ANNISTON ARMY DEPOT
7 FRANKFORD AVENUE, BLDG 35
ANNISTON AL 36201-4199
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
256 235-6353FAX:
TEL: 256 235-6231 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,500
NAICS:
336510
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 OF57
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.
W911KF20Q0017
Section SF 1449 - CONTINUATION SHEET
NARRATIVE
Narrative 1: ATTACHMENTS. The following documents are incorporated as a part of this solicitation:
1. Statement of Work
2. Evidence of Authority to Sign Offers
3. Sioan Form 380-2 Personnel Data Questionnaire
4. Request for Technical Literature
Narrative 2:
RECEIVING HOURS—DEFENSE NTG RAIL EQUIPMENT CENTER (DGRC)
a. Receiving hours for deliveries to Building 1701 at Hill Air Force Base:
DAYS PER WEEK HOURS
Monday – Thursday 6:30 a.m. – 4:30 p.m.
b. DGRC will be closed Fridays, Saturdays, Sundays, and Federal Holidays.
c. Details of this order/contract should not be discussed with anyone other than the Contract Administrator whose name and telephone number are shown in the ADMINISTERED BY block of the order/contract. Should you receive any inquiry(ies) from any source other than as indicated above, we would appreciate you contacting us in writing or by telephoning the appropriate administrator at Anniston Army Depot.
d. If the purchase/contract/delivery order number is not noted on the shipping document or marked clearly on the box/package, it will be REJECTED.
e. Schedule Changes. When situations warrant, the Government may change the hours of operation to adjust for certain conditions, i.e., weather conditions (extreme heat or cold). The Contractor shall be provided as much advance written notice as possible when these situations occur and will be expected to support any schedule change provided by the Contracting Officer.
Narrative 3: SYSTEM FOR AWARD MANAGEMENT (SAM). Contractors must be registered in the System for Award Management (SAM) database before an award will be issued and shall complete the electronic annual representations and certifications within SAM. After award, companies must ensure that their SAM registration remains valid and current to avoid problems with invoicing and payment. For SAM access and navigation issues, follow the instructions provided at “User Guides and Helpful Hints” on SAM Home page.
Narrative 4: ELECTRONIC SUBMISSION OF OFFERORS. All responses to this solicitation must be submitted in digitized/electronic format. Paper copy responses will not be accepted. All solicitation responses must be submitted by email to: sonja.l.freeman.civ@mail.mil.
Offers submitted using any other means will not be accepted, unless stated otherwise in the solicitation.
Beta.SAM provides industry with a single point of access to all U.S. Army contracting opportunities. The Contracting Opportunities Search feature allows vendors to easily locate opportunities. Vendors must be registered before being able to respond to a solicitation. Before registering, a Data Universal Numbering System (DUNS) Number is required and registration in the SAMS System (www.sam.gov) is required. Offeror must insure its offer, in its entirety, reaches the Army Contracting Command-Warren, Anniston Army Depot (ANAD), before the time set for opening or closing of the solicitation.
Any clauses or provisions of this solicitation which mention writing, returning, or submission of offer will mean electronic submission as stated in the paragraph above.
Electronic offers must identify the solicitation and the opening/closing date, and include, as a minimum, the following:
a. The SF33/SF1449/SF18/SF1442 filled out and signed.
b. All applicable fill-in provisions from the solicitation must be completed.
c. Any other information required by the solicitation.
It is your responsibility to furnish all information requested. We will not confirm information by telephone. If you do not fully respond (such as price, delivery date) to the Request for Quotation, you will be determined non-responsive.
If you choose to password-protect access to your offer, you must provide the password to ANAD before the opening or closing date. Contact the buyer identified on the cover page of this solicitation to arrange a means of providing the password. Passwords used only for the purpose of write protecting files need not be provided.
Offerors shall make every effort to ensure that their offer is virus-free. Offers (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as “unreadable.”
See Federal Acquisition Regulation 14.406 or 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.
Any bid bond required by this solicitation must be submitted with the offer. Also, the properly completed original bid bond must be furnished to the Army Contracting Command-Warren, Anniston Army Depot (ANAD), 7 Frankford Ave, Anniston, AL 36201-4199, prior to the opening or closing of the solicitation.
Narrative 5: PAYMENT. Contractor must accept Government Smart Pay Credit Card or provide their electronic funds transfer address. Contractors must be registered in the System for Award Management (SAM) database before an award will be issued. Companies should verify their SAM registration to ensure it is valid and current. COMPLETE THE
FOLLOWING INFORMATION AND INCLUDE WITH ANY OFFER.
Accept MasterCard? Yes_____ No_____
If no, EFT address: _____________________________
Federal Tax Identification Number: _____________________ Dun & Bradstreet Number (DUNS): _____________________ CAGE Code: _____________________ System for Award Management (SAM) Registration: Yes____ No____ Expiration Date:______ Vendor Contact Information: POC: __________________________ Telephone: _____________________
FAX: __________________________
Email: _________________________
Narrative 6: WAWF PROCEDURES. If your order WILL BE PAID BY DFAS (not by credit card) and contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests, you must submit your invoice through Wide Area Workflow (WAWF). This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area Workflow system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/
Ensure the Electronic Business POCs listed in the System for Award Management (SAM) for your company are the same individuals that will submit invoices through WAWF before using WAWF. SAM is accessible at www.sam.gov. For SAM access and navigation issues, follow the instructions provided at “User Guides and Helpful Hints” on SAM Home page.
If your Electronic Business (EB) POCs are correct, contact the WAWF helpdesk at 1-866-618- 5988 or by e-mail at cscassig@ogden.disa.mil and ask them to establish a group for your CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation. Once the group is established and the account is activated, you will be able to create a Combination Invoice/Receiving report (SUPPLIES/MATERIALS) or a 2 in 1 Invoice (SERVICES/EQUIPMENT) using the codes below and instructions available from our contract administrator/buyer.
Questions concerning payment should be directed to the responsible Defense Finance Accounting Services (DFAS). Please have the order number and invoice number ready when calling about payment status.
The accounts payable mailing address can be located in Block 18a of your order. You can easily access payment information using the DFAS web site at http://www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment.
Go to DFAS on the web at: www/dfas.mil/money/vendor. THE FOLLOWING CODES
WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL EMAILS
CORRECTLY THROUGH WAWF:
WAWF
Data/CODES needed for
Invoice
SUPPLIES/
MATERIALS
(PRs that start with W31G1Y)
SERVICES/
EQUIPMENT
SUPPLIES/
MATERIALS
(PRs DO NOT that start with W31G1Y)
CONSTRUCTION
CAGE CODE
SAM Cage code listed in
Contractor/ Offeror field of contract
SAM Cage code listed in
Contractor/ Offeror field of contract
SAM Cage code listed in Contractor/
Offeror field of contract
SAM Cage code listed in Contractor/Offeror field of contract
ISSUE/ADMIN BY
DODAAC
W911KF W911KF W911KF W911KF
INSPECT BY
DODAAC (If needed)
W31G1Y (Must have inspector code)
W911KF
W911KF
(Unless Inspected by DCMA)
W911KF
SHIP TO
(Supplies/Material s Only)
W911KF NOT AVAILABLE W911KF W911KF
ACCEPTOR
(Services/Equipment Only)
NOT AVAILABLE W911KF NOT AVAILABLE NOT AVAILABLE
Type of Invoice COMBO 2 IN 1 COMBO CONSTRUCTION
Pay DODAAC HQ0303 HQ0303 HQ0303 HQ0303
CONTRACT NUMBER:
DELIVERY ORDER NUMBER (IF APPLICABLE):
EMAIL POINT OF CONTACT LISTING: (Please insert following email addresses for additional email distribution)
CONTRACT
ADMINISTRATOR:
CONTRACTING OFFICER:
USER AND/OR INSPECTOR:
Narrative 7: FUNDS/ORDERING REQUIREMENTS. This acquisition is for a requirements type unfunded solicitation. Orders shall be placed on Standard Form 1449/33.
Funding will be provided on each individual Delivery/Task Order.
Narrative 8: TECHNICAL LITERATURE--SUPPORTIVE DOCUMENTATION
(a) Technical literature must be furnished with the proposal. The literature must be identified to show the item in the offer to which it pertains. The technical literature is required to establish, for the purposes of proposal evaluation and award, details of the products the offeror proposes to furnish.
Technical literature on the items proposed must explain in detail the functional capabilities, logical operation, exact speed and capacities, limits, configuration rules, features, and interfaces.
(b) Failure of the technical literature to show that the products offered conform to the specifications and other requirements of this Request for Proposal may cause rejection of the offer.
Narrative 9: DISCLOSURE OF UNIT PRICE INFORMATION. This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.
Narrative 10: TIME OF DELIVERY. Please provide the time of delivery in calendar days:
Narrative 11: It is the Government’s intent to award ONLY one contract from this solicitation.
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 3 Set WHEEL AND AXLE P/N: Wheelaxle
FFP
LOCOMOTIVE WHEEL AND AXLE ASSY SETS FOR USE ON EMD GP9
DOD OWNED LOCOMOTIVES IN ACCORDANCE WITH THE ATTACHED
STATEMENT OF WORK. Base Year Period of Performance: One year from date of award.
FOB: Destination
PSC CD: 2210
ESTIMATED
NET AMT
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0002 3 Set WHEEL AND AXLE P/N: Wheelaxle - Option 1
FFP
LOCOMOTIVE WHEEL AND AXLE ASSY SETS FOR USE ON EMD GP9
DOD OWNED LOCOMOTIVES IN ACCORDANCE WITH THE ATTACHED
STATEMENT OF WORK. 1st Option Period of Performance: One year after base year Period of Performance expires.
FOB: Destination
PSC CD: 2210
ESTIMATED
NET AMT
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-6 Brand Name or Equal AUG 1999 52.217-5 Evaluation Of Options JUL 1990 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-36 Payment by Third Party MAY 2014 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 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
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of a Warranted Contracting Officer, and shall not be binding until so approved.
(End of clause)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)
(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.
Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.
OFFEROR RECOMMENDATIONS
PRICE
ITEM QUANTITY QUOTATION TOTAL
(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) 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 (Dev) INSTRUCTIONS TO OFFERORS--COMMERCIAL
ITEMS (DEVIATION 2018-O0013) (APR 2018)
52.212-1 (b) (1) THROUGH (11) IS CHANGED TO READ AS FOLLOWS:
1. Complete and return (electronically) one entire copy of solicitation package.
2. Submit Firm Fixed Prices in Schedule of Supplies/Services.
3. Review required delivery schedules in clauses entitled “Time of Delivery” and consider giving expedited delivery schedule.
4. Complete all Representations and Certifications in clauses 52.212-3 entitled “Offeror
Representations and Certifications—Commercial Items” or ensure the Representations and Certifications are completed in on-line Representations and Certifications Applications. http://www.sam.gov.
5. Provide evidence of signer’s authority to bind the company as stated in paragraph entitled “Signature Authority.”
6. Telegraphic and telephonic offers are not authorized. See clause entitled “Electronic Submission of Offers” for submission instructions.
7. Acknowledge all, if any, amendments issued against this solicitation. Acknowledgement of amendments issued prior to quotation closing date must be received in the Directorate of Contracting prior to quotation closing date and time. Acknowledgement of amendments will not be acceptable by telephone or telegraph. Offeror shall use procedures at clause entitled Electronics Submission of Offers for submission of any acknowledgement of an amendment.
8. Provide technical literature as described in clause entitled “Technical Literature.” As part of the package please submit the following:
(a) The vendor shall state at time of quotation either "EXCEPTION" or "NO EXCEPTION" to each and every paragraph of the SPECIFICATIONS AND SCOPE OF WORK. Where exception is taken, the degree of noncompliance shall be fully explained. The bid shall clearly indicate any exceptions to, or alternatives to, every part of this specification. Bids shall be arranged similar to this specification and shall reference paragraph numbers for ease of analysis and discussion, if the Government determines discussion to be necessary.
(b) Proposals shall include catalogue pictures, drawings, literature, specifications, installation data and additional information, as applicable, to completely describe the system and its controls, instrumentation, performance, installation, warranty details and training procedures proposed to meet the requirements of this specification.
(c) The proposal shall state detailed space requirements for equipment.
(d) If this specification leaves out any requirements or component parts that would cause the total system to not function properly, manufacturer shall provide such items. If special tools or tooling are required to operate the system, manufacturer shall provide such tools or tooling.
(e) As part of the bid package, manufacturer shall provide a description of all utilities (air, electric, etc.) required for the proper operation of the system. This list shall describe the total system requirements as well as break out of the requirements of the significant components.
(f) As part of the bid package, manufacturer / supplier shall provide a description of all utilities (air, electric, etc.)
required during the installation of the system.
9. Furnish copy of Warranty with quotation.
10. Provide past performance information as described in clause “Past Performance Proposal and Evaluation Information” if that clause is included in this solicitation.
Addendum to FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (OCT 2018) - The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
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:
Technical evaluations will be conducted on a met/not met basis. Award will be made to the Lowest Price Technically Acceptable Offeror.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)
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.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of…
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