W911N2-23-R-0019.pdf
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SEE ADDENDUM
(No Collect Calls)
W911N223R0019 09-Mar-2023
b. TELEPHONE NUMBER
717-267-9617
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 23 Mar 2023
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 X 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.
W911N29. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LAURA J. BUEHLER
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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
W25G1Q3026R001
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 OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
LETTERKENNY ARMY DEPOT
LETTERKENNY CONTRACTING OFFICE - ACC-RSA-LEAD
1 OVERCASH AVENUE, ATTN: CCAM-MLK, BLDG 2S
CHAMBERSBURG PA 17201-4150
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
717-2679834FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$35,000,000
NAICS:
532490
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 OF46
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.
W911N223R0019
Section SF 1449 - CONTINUATION SHEET
NOTES
1. System for Award Management (SAM). In accordance with FAR 4.1102, Offerors must be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered. Registration can be accomplished at https://www.sam.gov/portal/public/SAM. Registration in this database must be kept current.
2. Annual Representations and Certifications. In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration can be accomplished at https://www.sam.gov/portal/public/SAM.
3. Questions. Questions regarding this solicitation shall be submitted in writing to the Contracting Officer at least 5 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Michelle Fike. Email is: Michelle.L.Fike.civ@army.mil. Contract Specialist is Laura Buehler.
Email is:Laura.J.Buehler.civ@army.mil.
4. Award without discussions. The Government intends to award without discussions; therefore Offerors should submit their best prices in their initial offer. In accordance with FAR 52.212-2, Evaluation-Commercial Items, Offerors must submit the technical information and past performance information requested in order for the Government to determine technical acceptability. Contractors must submit: Staffing Plan, Technial Approach, Capabilities, and Past Performance information. Contractors who fail to submit all required information shall be considered nonresponsive and shall not be considered for award.
5. Amendments. The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.
6.Payment. Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) using Wide Area Work Flow (WAWF). See DFARS 252.232-7006 for more information.
7. Period for Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.
8. Type of Contract. This is a Firm Fixed Price Requirement type contract. All quantities are estimated and individual delivery orders will be issued citing specific quantities and delivery dates.
9. Proposals. Proposals shall be signed by an authorized individual in accordance with FAR 4.102, Contractor’s Signature. Failure to comply may cause your proposal to be rejected.
Offerors should mark each page of their proposal as “Proprietary Information” if they want it treated as Proprietary Information under the Procurement Integrity Act.
10. FOB Destination. Unless otherwise stated in this solicitation, Offerors shall provide FOB Destination prices.
11. AMC-Level Protest Program: Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accountability Office (GAO), or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within
35 calendar days from filing. To be timely, protests must be filed within the periods specified in Federal Acquisition Regulation 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below.
Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email usarmy.redstone.usamc.mbx.protests@mail.mil The AMC-level protest procedures are found at:
www.amc.army.mil/amc/commandcounsel.html If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.
12. Technical Point of Contact (TPOC) will be identifed after award.
13. In an effort to reduce paperwork and cost, all proposals shall be submitted electronically to the Contract Specialist. Delivery of hard copies of offers, modifications or cancellations of offers will not be accepted. Facimile offers, modifications or cancellations of offers will not be accepted. Email all information to Laura Buehler, Contract Specialist. Email is:
laura.j.buehler.civ@army.mil.
14. Estimated period of performance is:
Base year: 17 Apr 2023 -16 Apr 2024 Option period 1: 17 Apr 2024 – 16 Oct 2024 Option period 2: 17 Oct 2024- 16 Apr 2025
Actual Period of performance will be reflected in the contract.
15. All deliveries will be made to Letterkenny Army Depot. Actual delivery address will be identified in the contract.
PWS
Statement of Work (SOW) For
Lease of Front Mount Mowing Tractors
1. General:
1.1. The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform rental service for up to ten (10) articulating lawn tractors, up to ten (10) mower decks to fit on articulating lawn tractors, and up to ten (10) snow removal attachments to fit on the articulating lawn tractors as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract. The Contractor shall perform to the standards in this contract.
1.2. Background: Lettrkenny Army Depot requires lease of the above equipment due the lack of this type of equipment on hand.
1.3. Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and two (2) six-month option periods.
1.4. General Information:
1.4.1. Quality Assurance (QA): The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).
1.4.2. Recognized Holidays: The following are recognized US holidays. The Contractor shall not perform scheduled services on these days:
1.4.2.1. New Year’s Day: January 1
1.4.2.2. Martin Luther King, Jr.’s Birthday: Third Monday in January
1.4.2.3. President’s Day: Third Monday in February
1.4.2.4. Memorial Day: Last Monday in May
1.4.2.5. Juneteenth: June 19
1.4.2.6. Independence Day: July 4
1.4.2.7. Labor Day: First Monday in September
1.4.2.8. Columbus Day: First Monday in October
1.4.2.9. Veteran’s Day: November 11
1.4.2.10. Thanksgiving Day: Fourth Thursday in November
1.4.2.11. Christmas Day: December 25
1.4.3. Place and Performance of Services: Letterkenny Army Depot’s hours of operation are between the hours of 0600 through 1530 on Monday through Thursday and 0600 through 1430 every other Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at Letterkenny Army Depot. The Contractor shall at all times maintain an adequate availability and work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.
1.4.4. Security Requirements: Contractor and all associated sub-Contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in Contractor security matters or processes.
1.4.4.1. Physical Security: The Contractor shall safeguard all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.
1.4.4.2. AT Level I Training. This standard language is for contractor employees with an area of performance within as Army controlled installation, facility, or area. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:
http://www.letterkenny.army.mil/ctrresources/
1.4.4.3. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. iWATCH training is available at the following website: http://www.letterkenny.army.mil/ctrresources/
1.4.4.4. OPSEC Training Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. Level I OPSEC Awareness training is available at the following website:
http://www.letterkenny.army.mil/ctrresources/
1.4.5. Conservation of Utilities: The Contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.
1.4.6. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced The Contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.
1.4.7. Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the COR at the start of the contract. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.
1.4.8. Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor personnel will be required to obtain and wear badges in the performance of this contract.
1.4.8.1. Identification Badges: Identification badges will be issued for admittance of personnel before performing work on this contract. The identification badge is the property of the U.S. Government and must be returned upon termination or demand. The Contractor agrees to ensure all badges issued to employees are returned to the Directorate of Emergency Services, Letterkenny Army Depot, promptly upon termination of need for access or on expiration, whichever occurs first. In order to be permitted to access Letterkenny Army Depot, personnel must pass a National Criminal Information Center (NCIC) background check. Persons not passing the background check will not be permitted to access the installation for any purpose.
1.4.8.2. Badge Room is located in Building 2. Hours of operation are 0700 – 1500 Monday through Friday but closed every other Friday. These hours are effective except when closed for holidays. If the Contractor’s hours of work are different than those stated above, the Contractor will be required to obtain badges when the badge room is open.
1.4.9. Organizational Conflicts of Interest (OCI): The Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.
The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.
The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.4.10. Invoicing: Payment shall be made in accordance with the terms of this contract after satisfactory completion of the work and submission of a proper invoice to the TPOC.
2. Definitions and Acronyms:
2.1. Definitions
2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.
2.1.6. DRIVING RADIUS. Driving distance from point A to point B.
2.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.10. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.12. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.13. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
2.2.1. AFARS Army Federal Acquisition Regulation Supplement
2.2.2. AR Army Regulation
2.2.3. CFR Code of Federal Regulation
2.2.4. CONUS Continental United States (excludes Alaska and Hawaii)
2.2.5. COR Contracting Officer Representative
2.2.6. COTS Commercial-Off-the-Shelf
2.2.7. DA Department of the Army
2.2.8. DD250 Department of Defense Form 250 (Receiving Report)
2.2.9. DD254 Department of Defense Contract Security Requirement List
2.2.10. DFARS Defense Federal Acquisition Regulation Supplement
2.2.11. DOD Department of Defense
2.2.12. FAR Federal Acquisition Regulation
2.2.13. KO Contracting Officer
2.2.14. OCI Organizational Conflict of Interest
2.2.15. ODC Other Direct Costs
2.2.16. POC Point of Contact
2.2.17. PRS Performance Requirements Summary
2.2.18. PWS Performance Work Statement
2.2.19. QA Quality Assurance
2.2.20. QAP Quality Assurance Program
2.2.21. QASP Quality Assurance Surveillance Plan
2.2.22. QC Quality Control
2.2.23. QCP Quality Control Program
2.2.24. TE Technical Exhibit
2.2.25. TPOC Technical Point of Contact
3. Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:
3.1. Facilities: The Government shall not furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.
3.2. Equipment: The Government will pick up and drop off the leased equipment if the contractor is within a 20-mile driving radius of Letterkenny Army Depot.
3.3. Materials: The Government will return lawn mowers with full tanks for gas.
4. Contractor Furnished Property, Materials, Equipment (CFP/M/E):
4.1. General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.
4.2. Equipment: If the contractor is beyond a 20-mile driving radius, the contractor shall drop off and pick up the leased equipment. This fee shall be included in the rental price.
4.3. Repairs: The Contractor shall be responsible for any maintenance and repair services that are needed to the leased equipment and shall be included with the rental price.
5. Requirements: The contractor shall provide the following equipment as requested by the TPOC. The TPOC shall notify the contractor of the request via email.
5.1. Front Mount Mowing Tractors (CLIN 0001): The contractor shall provide up to ten (10) front mount mowing tractors with the following characteristics within 5 business days:
5.1.1. Equipped with a roll bar.
5.1.2. Equipped with a heated and air-conditioned cab.
5.1.3. Compatibility with items listed in paragraphs 5.2 and 5.3.
5.2. Mowing Deck (CLIN 0002): The contractor shall provide up to ten (10) mowing decks with the following characteristics within 5 business days:
5.2.1. 60-inch width.
5.2.2. Rear discharge is preferred, but side discharge is acceptable.
5.2.3. Compatibility with front mount mowing tractor listed in paragraph 5.1.
5.3. Plow Blade (CLIN 0003): The contractor shall provide up to ten (10) plow blades with the following characteristics within 5 business days:
5.3.1. 60-inch width.
5.3.2. Hydraulic angling.
5.3.3. Compatibility with front mount mowing tractor listed in paragraph 5.1.
5.4. Maintenance and Repair Services: The contractor shall be responsible for any maintenance and/or repair services that are needed to the leased equipment at no additional cost to the government. This service shall not be completed on the Depot.
5.4.1. Replacement: When the contractor picks up the equipment for service, it shall also deliver a replacement piece of equipment with the same characteristics as listed above to the government for the duration of the time it is being serviced.
5.4.2. Maintenance: The contractor shall notify the TPOC no less than 3 business days prior to routine maintenance of equipment.
5.4.2.1. The TPOC will work with the government and contractor to coordinate the pickup and delivery.
5.4.3. Repair Service: The TPOC will notify the contractor if a repair is needed.
5.4.3.1. The contractor shall pick up the equipment and deliver the replacement equipment to the government within 3 hours of being notified.
6.0 Applicable Publications: Publications applicable to this PWS are listed below:
Publication (Chapter / Page) Date of Publication
Mandatory or Advisory
Website
Army Regulations various Mandatory http://www.whs.mil/library/mildoc.htm AR 385-10 Army Safety Program 20 May
Mandatory http://armypubs.army.mil/epubs/pdf/R3
85_10.PDF
AR 385-55 Prevention of Motor Vehicle Accidents
12 March
Mandatory http://www.calguard.ca.gov/gs/Docum ents/AR385-55.pdf
LEAD Regulations, Pamphlets, and Memorandums various Mandatory none
LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg 4, 1 April 2011
Mandatory none
OSHA Part 1910- Occupational Safety and Health Standards
Various Mandatory http://www.osha.gov/index.html
All applicable federal, state, and local laws, executive orders, rules, and regulations various Mandatory
FAR Subpart 9.5 March 2005 Mandatory https://www.acquisition.gov/far/current /pdf/FAR.pdf vehicle code of the Commonwealth of Pennsylvania, Various Mandatory http://www.dmv.state.pa.us/vehicle_co de/index.shtml
Standards of Conduct 14 Dec 2011 Mandatory https://www.federalregister.gov/articles /2011/11/14/2011-29090/standards-of-conduct
TECHNICAL EXHIBIT 1
Performance Requirements Summary This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
Required Services
Applicable
PWS
Paragraphs
Performance Standard
Acceptable Quality Level
(AQL)
Surveillance Method / By
Whom
Desired Outcomes
Provide front mount mowing tractors
5.1 Provide front
mount mowing tractors within 5 business days
97% compliance
100% inspection
/ TPOC
To be provided front mount mowing decks within 5 days as required
Provide Mowing Decks
5.2 Provide mowing
decks within 5 business days
97% compliance
100% inspection
/ TPOC
To be provided mowing decks within 5 days as required
Provide Plowing Blades
5.3 Provide plowing
blades within 5 business days
97% compliance
100% inspection
/ TPOC
To be provided plowing blades within 5 days as required
Provide replacement equipment for maintenance and repair services
5.4.1 Provide
replacement equipment with same characteristics for duration of service
97% compliance
100% inspection
/ TPOC
To be provided replacement equipment and required
TECHNICAL EXHIBIT 2
Deliverables Schedule
Section Deliverable Frequency Number of copies
Submission Format
Submit To
1.4.4.2 AT Level 1
Training
Within 30 days of award or start date
1 per employee
Electronically TPOC
1.4.4.3 iWatch Training
Within 30 days of award or start date
1 per
1.4.4.4 OPSEC
Training
Within 30 days of award or start date, then annually
1 per
1.4.7 Contract
Manager
At start of contract
1 Electronically TPOC
5.1 Front Mount
Mowing Tractors
Within 5 days of request
As per request Physically LEAD
5.2 Mowing
Deck
Within 5 days of request
As per request Physically LEAD
5.3 Plow Blade Within 5 days
of request
As per request Physically LEAD
5.4.2 Routine
Maintenance Notification
3 days prior to As needed Electronically TPOC
5.4.3 Repair
Service
Within 3 hours As needed Physically LEAD
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 120 Lot Front Mount Mowing Tractor
FFP
IAW SOW paragraph 5. Lot = each tractor x each month (10 tractors x 12 months) FOB: Destination
PURCHASE REQUEST NUMBER: W25G1Q3026R001
PSC CD: W024
ESTIMATED
NET AMT
UNIT UNIT PRICE ESTIMATED AMOUNT
0002 120 Lot 60-inch Mowing Deck
FFP
IAW SOW paragraph 5. Lot = each mowing deck x each month (10 mowing decks x 12 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
0003 60 Lot 60-inch Plow Blade
FFP
IAW SOW paragraph 5. Lot = each plow blade x each month (10 plow blades x 6 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
1001 60 Lot OPTION Front Mount Mowing Tractor
FFP
IAW SOW paragraph 5. Lot = each tractor x each month (10 tractors x 6 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
1002 60 Lot OPTION 60-inch Mowing Deck
FFP
IAW SOW paragraph 5. Lot = each mowing deck x each month (10 mowing decks x 6 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
1003 1 Lot OPTION 60-inch Plow Blade
FFP
IAW SOW paragraph 5. Lot = each plow blade x each month (10 plow blades x 3 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
2001 60 Lot OPTION Front Mount Mowing Tractor
FFP
IAW SOW paragraph 5. Lot = each tractor x each month (10 tractors x 6 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
2002 60 Lot OPTION 60-inch Mowing Deck
FFP
IAW SOW paragraph 5. Lot = each mowing deck x each month (10 mowing decks x 6 months) FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
2003 60 Lot OPTION 60-inch Plow Blade
FFP
IAW SOW paragraph 5. Lot = each plow blade x each month (10 plow blades x 3 months) FOB: Destination
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 $1.00 129,000.00 $129,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
$1.00 $129,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(JUN 2020) -- Alternate I
NOV 2021
52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 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 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(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:
Lowest Price, Technically Acceptable
(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.
ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:
A. General Information:
1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Offerors must receive a rating of acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.
2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.
3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.
B. Non-Price Evaluation Factors and Subfactors:
1. Factor 1 – Specifications:
The Offerors shall provide supporting literature for review to demonstrate that the offered equipment meets the specifications shown in PWS paragraphs 5.1, 5.2 and 5.3. Failure to submit supporting documentation will render the offeror non-responsive and they will no longer be considered for award.
2. Factor 2- Past Performance:
The Offerors shall provide three (3) relevant and recent Government or private sector projects completed within the past three (3) years that demonstrates the ability to lease lawn mowing equipment. The Offeror shall identify the contract title, contract number, dollar value, client name and address, location of work, point of contact with phone number and email address, and an explanation of how each project is related to the requirements of this solicitation.
C. Price Evaluation Factor. Offerors shall complete the pricing information with pricing for each Contract Line Item Number (CLIN), including all Option Periods.
D. Proposals will be evaluated initially independently of the price to determine the Offeror’s past performance record. Offerors’ past performance information will receive an overall rating based on the following:
Acceptable. The offeror has completed three relevant and recent Government or private sector projects within the past three years.
Unacceptable: The offeror has not completed three relevant and recent Government or private sector projects within the past three years.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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…
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