W911S619Q0001_MINICAM_Service.docx

W911S619Q0001

Section SF 1449 - CONTINUATION SHEET

MINICAM Service Base Period

FFP

(12 Months) all inclusive Service to include Preventative Maintenance (PM) MINICAM Repair Service and provide an Instrument Status Report in accordance with the Performance Work Statement (PWS) Section 3.1 through 3.1.2.

This is an offsite repair service to be completed at contractor's location.CLIN pricing shall be fully burden to include, but not be limited to, all labor, parts, travel, shipping, general and administrative etc. All parts shall be new from the original equipment manufacturer. Inventory includes 320 each MiniCams.

Maximum number of Minicam repairs shall be 12 each repairs PER year.

Government will pay for shipping to Contractor. Contractor shall include all return shipping costs in CLIN pricing as FOB Destination.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA SHIP VIA: Best Way ( Shippers Option)

PSC CD: J066

NET AMT

eCMRA - Personnel Reporting- Base Period

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor labor hours) for performance of this contract in accordance with the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter "No Cost". Instructions including the Contractor and Subcontractor User Guides, are available at the http://www.ecmra.mil.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

(12 Months) all inclusive Service to include Preventative Maintenance (PM) MINICAM Repair Service and provide an Instrument Status Report in accordance with the Performance Work Statement (PWS) Section 3.1 through 3.1.2.

This is an offsite repair service to be completed at contractor's location.CLIN pricing shall be fully burden to include, but not be limited to, all labor, parts, travel, shipping, general and administrative etc. All parts shall be new from the original equipment manufacturer. Inventory includes 320 each MiniCams.

Maximum number of Minicam repairs shall be 12 each repairs PER year.

Government will pay for shipping to Contractor. Contractor shall include all return shipping costs in CLIN pricing as FOB Destination.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor labor hours) for performance of this contract in accordance with the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter "No Cost". Instructions including the Contractor and Subcontractor User Guides, are available at the http://www.ecmra.mil.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

(12 Months) all inclusive Service to include Preventative Maintenance (PM) MINICAM Repair Service and provide an Instrument Status Report in accordance with the Performance Work Statement (PWS) Section 3.1 through 3.1.2.

This is an offsite repair service to be completed at contractor's location.CLIN pricing shall be fully burden to include, but not be limited to, all labor, parts, travel, shipping, general and administrative etc. All parts shall be new from the original equipment manufacturer. Inventory includes 320 each MiniCams.

Maximum number of Minicam repairs shall be 12 each repairs PER year.

Government will pay for shipping to Contractor. Contractor shall include all return shipping costs in CLIN pricing as FOB Destination.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor labor hours) for performance of this contract in accordance with the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter "No Cost". Instructions including the Contractor and Subcontractor User Guides, are available at the http://www.ecmra.mil.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

(12 Months) all inclusive Service to include Preventative Maintenance (PM) MINICAM Repair Service and provide an Instrument Status Report in accordance with the Performance Work Statement (PWS) Section 3.1 through 3.1.2.

This is an offsite repair service to be completed at contractor's location.CLIN pricing shall be fully burden to include, but not be limited to, all labor, parts, travel, shipping, general and administrative etc. All parts shall be new from the original equipment manufacturer. Inventory includes 320 each MiniCams.

Maximum number of Minicam repairs shall be 12 each repairs PER year.

Government will pay for shipping to Contractor. Contractor shall include all return shipping costs in CLIN pricing as FOB Destination.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor labor hours) for performance of this contract in accordance with the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter "No Cost". Instructions including the Contractor and Subcontractor User Guides, are available at the http://www.ecmra.mil.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

(12 Months) all inclusive Service to include Preventative Maintenance (PM) MINICAM Repair Service and provide an Instrument Status Report in accordance with the Performance Work Statement (PWS) Section 3.1 through 3.1.2.

This is an offsite repair service to be completed at contractor's location.CLIN pricing shall be fully burden to include, but not be limited to, all labor, parts, travel, shipping, general and administrative etc. All parts shall be new from the original equipment manufacturer. Inventory includes 320 each MiniCams.

Maximum number of Minicam repairs shall be 12 each repairs PER year.

Government will pay for shipping to Contractor. Contractor shall include all return shipping costs in CLIN pricing as FOB Destination.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor labor hours) for performance of this contract in accordance with the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter "No Cost". Instructions including the Contractor and Subcontractor User Guides, are available at the http://www.ecmra.mil.

FOB: Destination ADDITIONAL MARKINGS: Mark all Documents with W911S6-19-P-TBA

NET AMT

NOTICE OF INTENT TO SOLE SOURC

This is a notice of intent to negotiate on a sole source basis with CMS Research Corporation.. This is for one Offsite Maintenance and Repair of CMS MINICAM units . Pursuant to 10 U.S.C. 2304 ( c ) (1) and Federal Acquisition Regulation 13.106-1(b)(1) supplies, services and/or equipment are available from one responsible source and no other type of supplies, services and/or equipment will satisfy agency requirements. Any interested parties that believe they can provide service/supplies, may contact the Contract Specialist and submit a capability statement for consideration. CMS Research has stated that no other companies have access to MINIMCAM Parts, Engineering Upgrades or Software Upgrades (hence being posted with intent to sole source).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

19-DEC-2019

DPG CONTRACTING OFFICE

5330 VALDEZ CR MS #1

DUGWAY UT 84022

435-831-2362 FOB: Destination

W909NB

19-DEC-2019

W909NB

19-DEC-2020

W909NB

19-DEC-2020

W909NB

19-DEC-2021

W909NB

19-DEC-2021

W909NB

19-DEC-2022

W909NB

19-DEC-2022

W909NB

19-DEC-2023

W909NB

19-DEC-2023

W909NB

PERFORMANCE WORK STATEMENT

MINICAMS Maintenance Contract Vision Statement Dugway Proving Ground provides unparalleled testing, evaluation, training, and technical support to the Department of Defense, inter-agency partners, and our Allies while maintaining a world-class workforce, and facilities for our employees. Our mission is primarily as a center of excellence in chemical and biological testing and evaluation supporting S&T advancements in technology to defend the men and women of the military against weapons of mass destruction. To ensure operational safety while working with toxic chemicals this command has mandated safety air monitoring be done near-real-time.

1 Introduction Implementation of the new Army guidance on safety air monitoring has created a requirement for near-real-time monitoring of chemical warfare agents (CWAs) during chemical agent operations. All installation MINICAMS equipment that is determined to be beyond organizational level maintenance repair capability is to be repaired or maintained and related repair services are to be performed at the contractor's location. This service contract procurement will ensure MINICAMS are operationally ready with minimum impact on mission.

1.1 Mission

U.S. Army Dugway Proving Ground executes efficient testing and support to enable our nation's defenders to counter chemical, biological, radiological, and explosives (CBRE) hazards. Dugway Proving Ground's safety air monitoring mission is to monitor for the presence of chemicals that may be release outside engineering controls during agent operations. This operation is essential to protect workers involved in the agent operation and comply with Army regulations regarding safety working with toxic chemicals.

1.2 Background

Chemical agent monitoring has been ongoing since the early 1950's to provide protection to the worker involved in chemical agent operations. This requirement contributes to the safety of the personnel involved in the operation in the event of a chemical release. This is a continuing need to procure a maintenance contract to maintain equipment beyond our maintenance training level. The support contractor is expected to repair MINICAMS monitoring equipment to assist the government to sustain this capability.

1.3 Scope

The US Army Dugway Proving Grounds (DPG) owns and operates 316 MINICAMS small footprint gas analyzers. This contracted work effort is a requested offsite repair service to be executed at the contractor’s location. Items requiring service will be sent via best way for diagnostics and repair under service agreement from CMS Field Products. The US Army located at Dugway Proving Ground (DPG) will be supported by the selected contractor. Charges shall be on a Firm Fixed Price basis.. Pricing is on a per unit basis. Government will send in up to 12 units per year (maximum) and subject to the availability of funding PER FAR 52.232-18. The government may send 12 units for Maintanance and Repair Service at one time or 1 at a time until maximum of 12 is reached.

1.4 Anti-Terrorism /Operations Security (AT/OPSEC): The Contractor shall comply with OPSEC requirements and perform in such a manner to insure the protection of classified and unclassified sensitive information. OPSEC defines requirements in the handling of unclassified sensitive information, and provides clarification on the definition of unclassified sensitive information and provides definitive inter-working relationship in the execution of information security. The Contractor will be provided a listing of the critical information during the post-award conference. The Contractor shall integrate current Anti-Terrorism/Operations Security (AT/OPSEC), operational contract support, and related Headquarters Department of Army (HQDA) and local command policy and procedures, Army Regulation 525-13 (AR 525-13) Antiterrorism, Army Tactics, Techniques, and Procedures 4-10 9ATTP 4-10) Operational Contract Support Tactics, Techniques, and Procedures, all Army Activities (ALARACT) messages 110-2011, and guidance contained in Integrating Antiterrorism and Operations Security in the Contract Support Process and ensure that all applicable elements of the regulations and policies are flowed down to their subcontractors. The Contractor and all subcontracts greater than $25,000.00 shall have a law enforcement background check completed for all employees who will be entering Army-controlled installations or facilities. Documentation of these checks shall be made available to the COR upon request. The Contractor shall provide to the COR seven days in advance of the event, names and Social Security numbers (or equivalent identification numbers for non-U.S. citizens) of all employees who will be entering Army-controlled installations or facilities. If access to the areas listed below is required, the Contractor shall be escorted by the Government in order to perform the contract requirements.

The Contractor shall ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services. The Contractor shall return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a Contractor employee no longer requires access to the installation or facility. The Contractor shall demonstrate that he or she has complied with all personnel identity verification procedures. The Contractor shall provide a list to the COR of employees no longer under the employ of the Contractor (or those Contractor employees no longer requiring access to the installation or facility). The list shall be provided on a Government Fiscal Year Quarterly basis, no later than the tenth (10th) calendar day of the month following the last month of the quarter. If the COR determines that the Contractor is not ensuring that all access cards, badges, etc. are being returned as required under this section, the Contracting Officer may take action against the Contractor to the extent allowed under the Federal Acquisition Regulations (FAR) and applicable supplements. Actions taken against the Contractor for failure to comply with this requirement shall not relieve him or her of his or her duties associated with this contract.

Force Protection Condition (FPCON) impact on work levels: During FPCONs Charlie and Delta, services are discontinued. Services will resume when the FPCON level is reduced to level Bravo or lower.

Although no standard tasks were included in the AT/OPSEC form created by the Government, the contractor shall review the above section for basic compliance in regards to shipping/receiving items with the government. Should the Contractor require access for any purpose, see above for requirements before contacting gov’t COR.

2 General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort. All work on instrumentation will be performed at the contractor’s facility and work location. The period of performance is for a multiple year contract. First year starting the fiscal year FY19 (December 21 , 2018 to December 20, 2019) with four option periods of one year each for continued sustainment of on- hand instrumentation. There are no security clearance requirements for instrumentation repairs to be affected away from the Dugway Proving Ground testing areas.

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, timely identification of issues, and effective management of subcontractors. 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 appointed POC at US Army Dugway Proving Ground and the contractor's corporate repair facility as repairs are being conducted.

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 contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

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 ensure the labor categories as defined in the Labor Categories document, labor rates, and man-hours utilized in the performance of each Task Order (PWS line item) issued hereunder will be the minimum necessary to accomplish the task. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.5 Location and Hours of Work

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

When 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.

When any documentation (deliverables) submittals deadlines fall on a holiday, the observations as noted in the preceding paragraph will apply as the deadlines for submittals.

Deliveries will be accepted on regular scheduled workdays between 7:00 am and 3:30 pm (local time). The Federal Holidays are the same as those listed above.

When any of the above holidays fall on a Sunday, the following Monday will be observed as the holiday; when a holiday falls on a Friday or Saturday the preceding Thursday is observed as the holiday.

The Contracting Officer will notify the contractor, in writing, 21 days in advance, when the government anticipates implementing a change in work schedule.

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

3.1 Troubleshooting, Diagnostics, and Repair

Installation MINICAMS equipment that is determined to be beyond organizational level maintenance capability shall be maintained or repaired. Related repair services are to be performed at the Contractor's location without adversely affecting the mission of US Army Dugway Proving Ground.

3.1.1 Identify and correct deficiencies (malfunctions).

Performance Standards

a) STD: Compliant with Technical Specifications per Instrumentation Manual Preventive Maintenance (PM) Checklist.

AQL: 100%

b) STD: Compliant with technical specifications.

AQL: 95%. No greater than 5% deficiencies discovered upon receipt inspection / performance check by the Government.

c) STD: Compliant with technical specifications.

AQL: 85%. No greater than 15% down-time upon receipt inspection / performance check by the Government for thirty (30) consecutive days post-repair.

3.1.2 Instrument Status Reports

The Contractor shall perform duties as described within this Performance Work Statement (PWS) and report the status of repaired MINICAMS equipment to the Government.

Performance Standards

a) STD: Timeliness. Instrument Status Report is provided no later than 7 days from receipt of the equipment by the Contractor and shall report weekly until the equipment is returned to the Government. Should a post-repair inspection performance check identify a deficiency, the same reporting will be required.

AQL: 100%

Deliverables A001 Instrument Status Report

3.1.3 Contractor Manpower Reporting (CMR): The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. The required data fields include:

(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 dollars paid this reporting period (including sub- contractors);

(7) Total payments (including sub-contractors);

(8) Predominant Product Service Code (PSC)/Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant PSC/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 (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

(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 location, using standardized nomenclature provided on website);

(12) Presence of deployment or 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 to comply with this reporting requirement.

3.1.4 The Contractor shall report manpower elements associated with this contract at the enterprise Contractor Manpower Reporting Application (eCMRA) at http://www.ecmra.mil.

Performance Standards

a) STD: eCMRA reporting is completed no later than October 31st of each calendar year for the previous fiscal year ending September 30th.

AQL: 100%

Deliverables CMRA Personnel Reporting 4 Special Requirements The special requirements for this effort are detailed in the following sub-sections.

4.1 Security and Safety

a. Contractor Access to US Army Dugway Proving Ground is not required, since all repairs will be conducted at the contractor’s maintenance facility using his own tools and equipment. Therefore, no security pass, no CAC card for onsite computer access, or onsite lodging is required for site visits.

Physical Security: The contractor shall be responsible for safeguarding all government property in their location and work areas. Facilities and equipment shall be secured at the close of each contractor site work day to protect loss of government property.

4.2 Applicable Directives

The contractor shall comply with all documents listed below as mandatory and referenced under paragraph 3.0, Performance Requirements.

Mandatory compliance (list) as follows:

Operator Manual for Field MINICAMS - O.I. Analytical, CMS Field Products Technical Manual for MINICAMS - O. I. Analytical, CMS Field Products 5 Deliverables The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be stated in the Performance Work Statement.

Minimum, contain the following elements: date of receipt by the Contractor, diagnostics results, anticipated date of repair and return to Government etc. The description of repair should contain a cost break down for the hourly labor, repair parts and any potential warranty provided after the factory repairs are performed.

Performance Requirement Summary (PRS)

1. AQL - 100% - No deficiency discovered upon receipt inspection.

A receipt PM will be performed with 5 working days of instrument return to Dugway. Instrumentation that fails to meet the receipt inspection PM will be returned to contractor at their expense for repair of the noted deficiencies. Payment will be withheld until the instrumentation is returned repaired and 100% or fully operational.

AQL: 95% - No more than 5% deficiency discovered upon receipt inspection.

b) Repaired MINICAMS Instrument available not less than 85% post repair.

AQL: 85% - No more than 15% down time upon receipt of repaired instrument for 30 consecutive days post repair.

A receipt PM will be performed with 5 working days of instrument return to Dugway. Instrumentation that fails to meet the receipt inspection PM will be returned to contractor at their expense for repair of the noted deficiencies. Payment will be withheld until the instrument is repaired. Any warranty after repair should be documented in the Instrument Status Report.

a) Timeliness: A Instrument Status Report is to be provided no later than 7 days from receipt of the equipment by the Contractor. The Contractor shall report weekly until the equipment is returned to the Government. Should a post-repair inspection or performance check identify a deficiency, resulting in return of the equipment for repair by the Contractor, the same reporting is required until the equipment is returned to the Government in fully operational status.

b) The Instrument Status Report shall at a minimum contain the following elements: date of receipt by the Contractor, diagnostics results, anticipated date of repair and return to Government. The description of repair should contain a cost break down for the hourly labor, repair parts and any potential warranty provided after the factory repairs are performed.

AQL: 100%

Failure to provide a Instrument Status Report as required will result in delayed payment for the billed repair services.

3.2 Contractor Manpower Reporting

a) STD: Data must be entered into the Contractor Manpower Reporting Army(CMRA) http://www.ecmra.mil/ no later than October 31 of each calendar year

AQL: 100%

Failure to provide a CMRA Report as required will result in contract disqualification of this contract and renewal in future years.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

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

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

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

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

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

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

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

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

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice…