W911S6-12-T-0038.doc

Section SF 1449 - CONTINUATION SHEET

Catholic Worship Services - Base Year

FFP

Non-personal services contract to provide Catholic worship services per the Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010215101-0001

ADDITIONAL MARKINGS: Mark all documentation w/ order # W911S6-12-P-XXXX.

NET AMT

Additional Services - Base Year

Non-personal services contract to provide additional Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

Personnel Reporting - Base Year

Personnel reporting in accordance with the deliverable defined in Section 5 of the performance work statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide additional Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Personnel reporting in accordance with the deliverable defined in Section 5 of the performance work statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide additional Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Personnel reporting in accordance with the deliverable defined in Section 5 of the performance work statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide additional Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Personnel reporting in accordance with the deliverable defined in Section 5 of the performance work statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Non-personal services contract to provide additional Catholic worship services per the Performance Work Statement.

FOB: Destination

NET AMT

FFP

Personnel reporting in accordance with the deliverable defined in Section 5 of the performance work statement.

FOB: Destination

NET AMT

NOTICE OF INTENT

This is a notice of intent to negotiate on a sole source basis. Pursuant to 10 U.S.C. 2304(c)(1) and Federal Acquisition Regulation 6.302-1, supplies, services, and / or equipment required are available from one responsible source and no other type of supplies, services, and/or equipment will satisfy agency requirements.

PERFORMANCE WORK STATEMENT

Catholic Services for the U.S. Army Dugway Proving Ground Installation

Vision Statement

The contractor shall provide an ordained Roman Catholic priest (with an active endorsement from the Military Archdiocese) to provide Mass and sacraments for the U.S. Army Dugway Proving Ground (DPG) installation. As such, this element falls under the responsibility of the DPG Installation Chaplain as defined in the Commander's Religious Program. The mission of the Chaplain's program is to provide for Essential Elements of Religion to include Mass and sacramental rites for all assigned soldiers, civilians, and family members at DPG. As a non-personal services contractor, the Priest is not a member of the Chapel or Garrison Chaplain's Office Staff.

1 Introduction

The contractor shall provide an ordained Roman Catholic priest (with an active endorsement from the Military Archdiocese) to provide Mass and sacraments for the U.S. Army Dugway Proving Ground (DPG) installation. Mass and sacramental rites are a Statutory (Title 10) Essential Element of Religion. As such, this element falls under the responsibility of the DPG Installation Chaplain as defined in the Commander's Religious Program.

1.1 Mission

The mission of the Chaplain's program is to provide for Essential Elements of Religion to include Mass and sacramental rites for all assigned soldiers, civilians, and family members at DPG. As a non-personal services contractor, the Priest is not a member of the Chapel or Garrison Chaplain's Office Staff.

2 General Requirements

This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, and timely identification of issues. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at U.S. Army Dugway Proving Ground and the contractor's corporate offices.

2.3.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support the contract. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

The contractor shall be responsible for all management and administration matters relating to compliance with state and local laws, policies and procedures. Any differences that arise at the installation shall be the responsibility of the contractor for resolution.

2.4 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.5 Location and Hours of Work

Accomplishment of the results contained in this PWS requires work at U.S. Army Dugway Proving Ground. U.S. Army Dugway Proving Ground is located in a remote area. The main gate is approximately 90 miles southwest of Salt Lake City, Utah. Contractors may be required to travel up to 150 miles one way from Salt Lake City to reach some work sites.

U.S. Army Dugway Proving Ground operates on a 4 day work week, Monday through Thursday from 7:00 A.M. To 5:30 P.M. (local time), except for Federal Holidays. The following Federal Holidays are observed:

(a) January 1st

(b) 3rd Monday in January

(c) 3rd Monday in February

(d) Last Monday in May

(e) July 4th

(f) 1st Monday in September

(g) 2nd Monday in October

(h) November 11th

(i) 4th Thursday in November

(j) December 25th

If any of the above holidays fall on a Sunday, the following Monday will be observed as the holiday; if a holiday falls on a Friday or Saturday, the preceding Thursday is observed as the holiday. If the Thursday mass is scheduled during a described holiday, the contractor shall coordinate with the Contracting Officer's Representative on when the mass should be provided (Thursday as scheduled or some other agreed upon date).

3 Performance Requirements

The following section specifies the Performance Objectives and Performance Elements for the contract.

3.1 To provide Mass and sacramental rites.

3.1.1 The contractor shall provide an ordained Roman Catholic Priest (with an active endorsement from the Military Archdiocese) for Mass and sacrament services conducted at DPG.

Performance Standards

a) STD: The individual is compliant with the requirements of being an ordained Roman Catholic Priest and having an active endorsement from the Military Archdiocese.

AQL: 100%

3.1.2 The contractor shall provide weekly celebration each Thursday for Mass and sacraments conducted at DPG, to include providing essential Catholic materials and pastoral services as needed at DPG.

Performance Standards

a) STD: Mass is provided weekly every Thursday

AQL: 100%

3.1.3 The contractor shall provide ten (10) additional services for special events and/or religious holidays at DPG.

Performance Standards

a) STD: Deliverables are made as scheduled by the Contracting Officer's Representative.

AQL: 100%

3.1.4 The contractor shall be at the assigned location 15 minutes prior to the services being performed.

Performance Standards

a) STD: Timely

AQL: 90%

3.1.5 The contractor shall provide a time for confessional services at the end of the service for confessions from parishioners.

Performance Standards

a) STD: Compliant

AQL: 90%

3.1.6 The contractor shall have the ability to communicate effectively in English for coordination with the congregation/parish and for satisfactory completion of administrative tasks.

Performance Standards

a) STD: Compliant

AQL: 95%

3.1.7 The contractor shall report personnel data for the Department of Army requirements (refer to Paragraph 5 of the Performance Work Statement).

Performance Standards

a) STD: Complete in accordance with the Department of the Army personnel reporting requirements.

AQL: 100%

Deliverables 1 Department of the Army Personnel Reporting System

4 Special Requirements

This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Security and Safety

(a) Contractor Access to DPG: Access to U.S. Army Dugway Proving Ground requires that Contractor employees voluntarily submit personal data (e.g., name, social security number, etc.) when applying for a DPG Identification Card or temporary access pass. This information is routinely used by DPG Law Enforcement and Security personnel to conduct drives license and criminal history / background checks. Adverse information revealed by such checks (e.g., outstanding criminal warrants, criminal history indicating a potential risk to DPG Installation security, or similar negative information indicating a potential security and/or Law Enforcement risk to DPG), may result in a denial of access and/or reentry to U.S. Army Dugway Proving Ground.

Delays caused by adverse employee information do not constitute a basis for claim by the Contractor. It is the Contractor's responsibility to assure all personnel scheduled to work on the installation have acceptable backgrounds.

(b) Foreign Visitors/Employees: Contractors with valid U.S. government contracts will be allowed to hire non U.S. citizens to work at or visit U.S. Army Dugway Proving Ground (DPG) during performance of the contract. Contractors shall adhere to the following process. A list of foreign national employees shall be provided to the DPG Counterintelligence, Law Enforcement, and Security Offices at least five (5) working days prior to arrival on post. A copy of the list shall also be submitted to the Contracting Officer or an appointed Contracting Officers Representative (COR). The list will contain name, nationality, green card and social security number, date of birth, drivers license number and state where issued. The Contractor shall also list the date(s) foreign nationals will be on post. If a sensitive test or visit is scheduled during the dates provided, the Counterintelligence Office will inform the Contractor whether the work/visit may take place. Employees will not be allowed on Post until verification process is complete. Once verification has been received, the Counterintelligence Office is responsible to provide the Protocol Office the following information for badge preparation: Name, Company and Point-of-Contact. The Contracting Officer or COR will be responsible to pick-up the badges and holders, issue them to the visitor and return them at the end of the visit.

(c) Vehicle Licensing and Registration: The contractors vehicles shall be operated and maintained within safety limits prescribed by State of Utah and the installation. All vehicles operated on installation streets, roads, and thoroughfares shall be properly licensed and registered with the State of Utah.

(d) Personnel Identification: Contractor personnel shall have in his possession a photo identification card, for example, a valid drivers license.

(e) Physical Security: The contractor shall be responsible for safeguarding all government property in the work area. Facilities and equipment shall be secured at the close of each performance period.

4.10 Scheduled / Unscheduled Visits

Such visits will include those conducted locally by the Garrison Chaplains Office and/or appropriately appointed Inspector General on assignment from higher headquarters (i.e., Headquarters, Corps).

4.11 Insurance Requirements

The following insurance is required as a minimum;

(a) Legally Required Insurance: Where certain laws apply such as State laws governing workmans compensation and employers liability coverage, etc., the contractor, prior to commencement of work, shall furnish the Contracting Officer a copy of the insurance and ensure that the minimum coverage will continue throughout the period of contract performance. Minimum coverage of $100,000 is required.

(b) Comprehensive General Liability & Automobile Liability:

Comprehensive General Liability: Each Person Per Occurrence: None; Property Damage: $500,000

Automobile Liability: Each Person Per Occurrence: $200,000; Property Damage: $500,000

4.12 Identification of Contractor Personnel

(a) Contractor workspace (office, laboratory, desk) shall contain a sign signifying the space is occupied by contractor employee(s) to ensure that Federal employees and the public know that they are not Federal employees. Coordinate location with the Contracting Officers Representative.

(b) Contractor employees shall initially identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings/seminars.

(c) All Contractor correspondence (written, facsimile, and email display) shall include their company name.

4.13 Government - Contractor Relationships

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the contract between the Government and the contractor and/or between the Government and the contractors employees. It is therefore in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) be placed in a staff or policy making position.

(3) be placed in a position of command, supervision, administration of control over DA Military or Civilian

Personnel, or personnel of other contractors, or become a part of the Government organization.

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of DA or the Civil Service Commission.

(5) be used in administration or supervision of military procurement activities.

(c) Employee Relationship:

(1) The services to be performed under this contract do not require the contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractors employees will act and exercise personal judgment and discretion on behalf of the contractor.

(2) Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This stipulation is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

4.14 Replacement of Personnel

When during the performance of this contract the Contractor intends to replace any one of the personnel specified in the Scope of Work, the Contractor will make available to the Government at least 30 days prior to replacement the resume of the individual to fill the specified position to ascertain if the minimum standards set forth in the Scope of Work are complied with and maintained.

4.3 Government Furnished Property

The Government will provide chapel facilities, equipment, supplies, and utilities used during worship services in accordance with this agreement. The Government will ensure that the contractor has adequate access (at the sole discretion of the Government) to commercial telephone lines to perform his duties. The Government will bear the costs of telephone use for the performance of direct services associated and outlined in this agreement. Government telephones shall only be used in the performance of services outlined in this agreement and shall not be used to make or accept personal calls.

In the event of loss or damage to chapel property, a report of survey will be conducted and replacement costs, if any, will be withheld from contract payments or paid by the contractor.

4.4 Contractor Furnished Property

Except for the specific items noted in this statement of work, the contractor is responsible for the labor, administrative costs, materials, supplies and services required to perform in accordance with this Contract. The contractor shall provide his own transportation and is responsible for his own tax liabilities. Any extra personal equipment brought by the Priest must be clearly marked as privately owned.

4.5 Definitions

(a) Sunday/Sabbath/Holy Day Mass: A celebration of the Eucharist (Mass) utilizing the liturgy of the Missal following the church calendar for a congregation on Thursdays. The Mass or Thursday Celebration in the Absence of a Priest is held on Thursdays, and designated Holy Days. The Service also provides a place/time to encourage and support one another in faith formation and expression. It also includes a sermon/homily developed by the Pastor or his/her representative to assist the people of the congregation in their understanding of God, faith formation, Biblical knowledge, Christian doctrines, and life-application of principles found in Bible texts.

Sacrament: A formal Catholic rite. The Roman Catholic Church celebrates seven Sacraments. They are Eucharist, Baptism, Reconciliation, Marriage, Confirmation, Anointing (Sacrament of the Sick), and Ordination.

4.6 Conduct / Appearance

The Government reserves the right to deny (bar from the post) an individual’s access to Dugway Proving Grounds, Utah for reasons of impropriety that relate to laws, professions ethics, or conflict with Army requirements. In these situations, the contractor must provide an acceptable worker within thirty calendar days after receipt of notification that an individual has been banned from post. The contractor shall not sell any commodity or service to any individual on the installation or associated with this agreement.

The contractor shall present a neat, well-groomed appearance at all times during the performance of services under the contract. The contractor shall wear clothing commonly associated and appropriate with the position.

4.7 Work Conditions

Work is conducted inside in an adequately lighted and ventilated facility.

4.8 Vacation / Illness / Injury

The contractor will not be paid, if he becomes ill and cannot perform.

In the event of illness or injury, which may require emergency medical procedures or treatment, the contractor shall summon ambulance assistance by dialing 911 and notifying staff. The contractor is responsible for all costs for medical treatment that he may require.

4.9 Publicity

The contractor shall not disclose information concerning this agreement or his activities at Dugway Proving Grounds, Utah unless approved by the Contracting Officer.

5 Deliverables

The contractor shall provide deliverables as specified by the government. Format and delivery schedule for deliverables shall be outlined in CDRLs and/or other means TBD.

Delivery Instructions: The Contractor is required to completely fill in all of the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. Reporting period will be the period of performance not to exceed 12 months ending September 30th of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from the Contractor’s systems to a secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

Preparation Instructions: The required information includes:

1. Contracting Office; Contracting Officer; Contracting Officer’s Technical Representative;

2. contract number; including task and delivery order number;

3. beginning and ending dates covered by reporting period;

4. Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data;

5. estimated direct labor hours (including sub-contractors);

6. estimated direct labor hours paid this reporting period (including sub-contractors);

7. total payments (including sub-contractors);

8. predominant Federal Service Code (FSC) reflecting the services provided by the Contractor (and separate predominant FSC for each sub-contractor if different);

9. estimated data collection cost;

10. organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity;

11. locations where Contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas locations, using standardized nomenclature provided on the website);

12. presence of deployment of contingency contract language; and

13. number of Contractor and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred with this reporting requirement.

6 Related Documents

Reserved

PERFORMANCE RQMTS. SUMMARY

Catholic Services for the U.S. Army Dugway Proving Ground Installation

3.1 To provide Mass and sacramental rites.

Task

100% withholding of payment if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

100% withholding of payment if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

1% deduction in the contractor's last submitted invoice if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

AQL: 90%

1% deduction in the contractor's last submitted invoice if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

AQL: 90%

1% deduction in the contractor's last submitted invoice if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

AQL: 95%

100% withholding of payment if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

100% withholding of payment if the AQL is not satisfied. Payment will be authorized at 100% percent if the AQL is satisfied.

WIDE AREA WORKFLOW

Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the contracting officer, the contract administration office, and the payment office.

FORMCHECKBOX

Wide Area Workflow (WAWF) (see instructions below)

FORMCHECKBOX

Web Invoicing System (WlnS) (https://ecweb.dfas.mil)

FORMCHECKBOX

American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats (http://www.X12.org and http://www.dfas.mil/ecedi)

FORMCHECKBOX

Other (please specify)_________________________________________________________

DFAS POC and

Phone: _______________________________________________________________________

WAWF is the preferred method to electronically process vendor requests for payment. This application allows DoD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractors electing to use WAWF shall (i) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order.

WAWF Instructions

Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) Indianapolis at 888-332-7366. Please have your purchase order/contract number ready when calling about payments.

You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.

The following codes and information will be required to assure successful flow of WAWF documents:

TYPE OF DOCUMENT [Check the appropriate block]

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Commercial Item Financing

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Construction Invoice (Contractor Only)

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Invoice (Contractor Only)

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Invoice and Receiving Report (COMBO)

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Invoice as 2-in-1 (Services Only)

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Performance Based Payment (Government Only)

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Progress Payment (Government Only)

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Cost Voucher (Government Only)

FORMCHECKBOX

Receiving Report (Government Only)

FORMCHECKBOX

Receiving Report With Unique Identification (UID) Data (Government Only): UID is a new globally unique "part identifier" containing data elements used to track DoD parts through their life cycle.

FORMCHECKBOX

Summary Cost Voucher (Government Only)

CAGE CODE: To Be Announced.

ISSUE BY DODAAC: W911S6

ADMIN BY DODAAC: W911S6

INSPECT BY DODAAC: W906AM

ACCEPT BY DODAAC: W906AM

SHIP TO DODAAC: W906AM

LOCAL PROCESSING OFFICE DODAAC: Not applicable

PAYMENT OFFICE FISCAL STATION CODE: HQ0490

EMAIL POINTS OF CONTACT LISTING: Not applicable INSPECTOR: stephanie.m.elkins.civ@mail.mil ACCEPTOR: stephanie.m.elkins.civ@mail.mil RECEIVING OFFICE POC: stephanie.m.elkins.civ@mail.mil CONTRACT ADMINISTRATOR: james.p.delaney.civ@mail.mil CONTRACTING OFFICER: alfred.j.keetch.civ@mail.mil ADDITIONAL CONTACT: Not applicable For more information contact:

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

05-SEP-2013

ELKINS, STEPHANIE M.

US ARMY DUGWAY PROVING GROUND

DUGWAY UT 84022-5000

435-831-2667

FOB: Destination W911S6

05-SEP-2013

W911S6

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05-SEP-2014

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05-SEP-2015

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05-SEP-2015

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05-SEP-2016

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05-SEP-2016

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05-SEP-2017

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05-SEP-2017

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

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

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

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

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

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

(i) ASSIST (http://assist.daps.dla.mil).

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

(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 (http://assist.daps.dla.mil/wizard);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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…