W91236-12-T-0009.pdf

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91236-12-T-0009 18-Jul-2012

b. TELEPHONE NUMBER

757-201-7839

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 10 Aug 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescr bed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LYNN M TANNO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

337214

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W26GLG20386324

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

0 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

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32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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W91236-12-T-0009

DELIVERY INSTRUCTIONS

Quotes should be hand delivered or mailed to the following address:

Lynn M. Tanno (CECT-NAO) U S. Army Corps of Engineers, Norfolk District 803 Front Street Norfolk VA 23510

Note: Electronic Submissions, including emails or faxes, will not be accepted.

STATEMENT OF WORK

The statement of work and technical specifications for the Charlotte Military Entrance Processing Station requirement is provided as an attachment to this document, and is hereby incorporated into this request for quote and the resulting contract.

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FOR PREPARATION OF TECHNICAL AND PRICE QUOTE

1. GENERAL

1.1 To aid in the evaluation process, quotes and technical information provided therein must be clearly and concisely written as well as being neat, indexed, cross-referenced, and logically assembled in the order of required information presented here.

1.2 All Offerors shall submit quotes with the minimum content as required herein. Quotes without the minimum specified contents may be rejected as not acceptable.

1.3 Format shall be as follows:

Package Dimensions: Paper shall be 8 ½ by 11 inches, excluding fold out charts which shall be limited to 11x17 (Tabloid) landscape.

Printing/Typing on both sides of pages is encouraged.

Single or Double Space all narrative information.

10 point minimum font size throughout for all narratives. Offerors are encouraged to proof their submissions for readability, clarity and reproducibility by xerographic methods.

Materials shall be contained in three-ring-binders. Permanently bound materials are not desired.

1.4 The complete quoted shall consist of EIGHT (8) PHYSICALLY SEPARATE, BINDERS, INDIVIDUALLY TITLED AS FOLLOWS:

1.4.1 Volume I Technical Submission (One [1] Original and Two [2] Copies)

1.4.2 Volume II Past Performance (One [1] Original and Two [2] Copies)

1.4.3 Volume III Price (One [1] Signed Original and One [1] Copy)

NOTE: Original must be so marked or clearly distinguishable from the copy.

1.5 In addition to hard copy binders, all Offerors shall submit electronic copy (.pdf, .xls) on a single CD of Volume I Technical Submission and Volume II Past Performance.

1.6 In addition to hard copy binders, all Offerors shall submit electronic copy (.xls) on a single CD of Volume III - Price.

1.7 Quotes shall be organized to separately address each requirement in the specific order requested here-in-after. The Contractor is encouraged to organize his/her quote to facilitate the convenience of the Government’s evaluation of quotes. All necessary information shall be provided in narrative form or graph display as required.

1.8 Quote clarifications, when requested, shall be submitted as page replacements with revised text readily identifiable, e.g. Bold face print or underlined italics. Revised pages shall be numbered, dated, and submitted in two (2) copies.

2. TECHNICAL SUBMISSION (VOLUME I)

FACTOR A – PROPOSED TEAM

Provide a list of companies providing services and/or equipment for the quoted work. Identify each company’s role in the effort and provide the name of a point of contact within each company. The list of companies and points of contact must include the Prime Offeror, Furniture Manufacturer, Furniture Dealership (if applicable), and Installation Company including a Licensed Electrician.

Quotes that do not include a list of companies or the names of a point of contact within each company will be considered unacceptable. Quotes that do not include a Licensed Electrician as part of the Installation Company’s team will be considered unacceptable.

FACTOR B – FURNITURE MANUFACTURER’S SPECIFICATIONS

Submit the furniture manufacturers’ technical specifications for each furniture and/or equipment item required in the RFQ. Quoted items shall meet or exceed the technical characteristics of the items specified in the RFQ. Highlight the various attributes in the manufacturers’ specification and/or product data sheet where the item meets or exceeds the technical characteristics of the specified item in the RFQ. Required quantities of furniture and/or equipment items are provided in the technical solicitation package. Do not submit quantity counts in your quote.

Manufacturers’ specifications and/or product data sheets must be submitted for ALL furniture and/or equipment items required in the RFQ. Technical characteristics for ALL furniture and/or equipment quoted must meet or exceed the technical specifications of each item in the RFQ. Submissions that do not include manufacturers’ specifications and/or product data sheets for ALL furniture and/or equipment items required in the RFQ will be considered unacceptable. Quotes with furniture and/or equipment items that do not meet or exceed the technical specifications for ALL items required in the RFQ will be considered unacceptable.

3. PAST PERFORMANCE (VOLUME II)

FACTOR C – PAST PERFORMANCE

Using the Past Performance Questionnaire provided in the solicitation package, provide electronic copies of the Past Performance Questionnaires to recent and relevant past clients in receipt of your products and services. Request that the past clients complete the Past Performance Questionnaires based on their most recent experience with your company. Request that they forward the completed questionnaires directly to the Norfolk District Corps of Engineers Contracting Officer by the due date required for this solicitation.

In addition provide the names, current email addresses and phone numbers of each past client who was sent a Past Performance Questionnaire for evaluation. Include this list of references in the Volume II binder of your quote. Completed Past Performance Questionnaires submitted to the Government by the references will be inserted into your Volume II quote and will be evaluated according to the solicitation requirements.

The Government may contact and interview the reference points of contact regarding past performance history, and reserves the right to interview other individuals acting on behalf of the listed reference if the listed reference is not available.

Recent experience is defined as work performed within the last three years (or thirty-six months) from this solicitation date. Relevant experience is defined as experience with the purchasing and installation of standard office-type furniture.

Offerors with past performance history whose submission does not include the names, current email addresses and/or phone numbers of each past client who was sent a Past Performance Questionnaire will be considered unacceptable. Offerors with past performance history who receive an overall rating that is less than “Satisfactory” from past clients on the Past Performance Questionnaires and/or telephone interviews will be considered unacceptable.

4. PRICE (VOLUME III)

FACTOR D – PRICE

Using the Bid Schedule provided in the solicitation provide a lump sum cost for the furniture and equipment, and project management . A Bill of Materials from the furniture manufacturer will not be accepted. Pricing should not appear on any of the documents in volume 1 (Technical Quote).

EVALUATION FACTORS FOR AWARD

1. OVERVIEW

This is a “Lowest Price Technically Acceptable (LPTA)” solicitation. The Government will evaluate the quotes in accordance with the criteria described herein, and award a firm fixed price contract to the responsible Offeror, whose quote conforms with all the terms and conditions of the solicitation and whose quote is priced lowest and is determined to be technically acceptable to the Government.

2. BASIS OF AWARD

2.1 The Contracting Officer will award a firm fixed price contract to that responsible Offeror whose quote the Source Selection Evaluation Board (SSEB) has determined conforms to the solicitation, is fair and reasonable. The intent of this solicitation is to obtain the lowest priced quote that is considered technically acceptable. After the Government individually evaluates and rates each quote as technically acceptable or unacceptable, the Contracting Officer/Source Selection Authority will compare quotes to determine which quote represents the lowest price. The Government reserves the right to reject all offers. The Government will not award a contract to an Offeror whose quote contains a deficiency, as defined in FAR 15.001.

2.2 Throughout the evaluation process the Government will consider “corrective potential” when a deficiency is identified. Quotes which are unrealistic in terms of technical, schedule, or costs/price will be deemed indicative of an inherent lack of comprehension of the complexity and risks of the solicitation requirements and may be rejected. The integrated assessment will involve a determination by the Government of the overall value of each quote. Offerors must recognize that the subjective judgment of the Government evaluators is implicit in this evaluation process.

2.3 The award shall be made on the basis of the lowest evaluated price of quote meeting or exceeding the acceptability standards for all non-cost factors. Quotes receiving an unacceptable rating in any of the evaluation factors or sub-factors will be excluded from consideration for award.

3. GENERAL INSTRUCTIONS

3.1 Offerors are reminded to include their best technical/schedule products and prices in their initial offers and to automatically assume that they will NOT have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award without discussions, if deemed to be within the best interests of the Government.

3.2 Firms formally organized as joint ventures, mentor/protégé and others that have associated specifically for this project, consortia of firms or any other interested parties may submit quotes.

Associations may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a quote, provided that the Offeror or Offeror’s subcontractor has the appropriate technical disciplines and provided that the requirements are met.

3.3 Submit quotes as indicated in Section L- INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS OR RESPONDENTS FOR PREPARATION OF TECHNICAL AND PRICE

QUOTE.

4. EVALUATION TEAM

A Source Selection Evaluation Board (SSEB), composed of representatives of the Corps of Engineers will evaluate the quotes received. The SSEB will utilize additional technical advisors in the evaluation process, as necessary. The number and identities of the Offerors are not revealed to anyone not involved in the evaluation and award process or to other Offerors. The SSEB will evaluate quotes using the significant elements and sub-elements described herein.

5. GENERAL EVALUATION PROCESS

The evaluation process essentially consists of five distinct parts: The Quote Compliance Review; The Quote Technical Evaluation; Quote Past Performance, The Quote Price Evaluation; and the Cost/Acceptability analysis.

The five parts are described below:

5.1 Quote Compliance Review: This is an initial check with regards to the basic submission requirements of this solicitation. This review may eliminate those quotes which fail to provide all required information and documents in the format and detail required. This review is also to ensure that all required forms and certifications are complete.

5.2 Quote Technical Evaluation: The SSEB, using technical advisors, if necessary, will evaluate only those quotes passing the first review stage as listed above. Technical evaluation consists of an evaluation and scoring of acceptable/unacceptable on quote elements in Volume I.

5.3 Quote Past Performance Evaluation: The government will evaluation offer’s past performance resulting in an assessment of the offeror’s probability of meeting the solicitation requirements The past performance evaluation considers each offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements.

5.4 Quote Price Evaluation: The Government will initially evaluate price independently from the technical evaluation. Price will not be scored, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalanced offers.

5.5 Cost/Acceptability Analysis: After the price analysis and technical evaluations are complete, the

SSA will then consider the price in connection with the technical acceptability of each quote.

The Government intends to award without discussions. Offerors are cautioned to put forth their best efforts, and to furnish all information clearly to allow the Government to evaluate quotes. Offerors should not assume that they will have an opportunity to clarify or correct anything in their quote after submitting it.

6. QUOTE INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

6.1 VOLUME I – TECHNICAL QUOTE

Factor /Sub Factor

Quote Section Description

Factor A Vol. 1 TAB A PROPOSED TEAM Factor B Vol. 1 TAB B FURNITURE MANUFACTURER’S SPECIFICATIONS

6.2. VOLUME II – PAST PERFORMANCE

Quote Section Description

Factor C Vol. II TAB C PAST PEFORMANCE

6.3. VOLUME III – PRICE QUOTE

Quote Section Description

Factor D Vol. III TAB D PRICE

NOTES:

A. Quote elements are further defined in Section L - INSTRUCTIONS, CONDITIONS, AND

NOTICES TO OFFERORS OR RESPONDENTS FOR PREPARATION OF TECHNICAL, PAST

PERFORMANCE, AND PRICE QUOTE

7. QUALITY EVALUATION GENERAL SCORING SYSTEM AND DOCUMENTATION

7.1 Definitions

7.1.1 Deficiency

a. Any part of a quote that fails to satisfy the minimum requirements established in the solicitation.

b. The evaluators will identify the solicitation requirement, and describe why the quote fails to adequately address all the requirements. All deficiencies discovered will be identified to the Offeror during negotiations, if conducted, and in the debriefing. Failure by an Offeror to rectify a quote deficiency if given the chance will preclude award to that Offeror.

c. The contract requirements take precedence over deficiencies (or deviations) discovered after award.

7.1.2 Deviation

Quote implies or specifically offers a deviation from the specified criteria. The Offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The technical reviewers will identify deviations. The contract cannot be awarded to a quote with material deficiencies or deviations.

7.1.3 Clarification

A need exists to communicate with the Offeror for the sole purpose of eliminating minor irregularities, or apparent clerical mistakes in the quote. This is achieved by explanation or substantiation, either in response to a Government inquiry or as initiated by the Offeror.

Unlike discussion, clarification does not give the Offeror an opportunity to revise or modify its quote, except to the extent that corrections of apparent clerical mistakes results in a revision. Clarifications do not require “discussions” or submission of another quote.

7.2 Quality Rating System

7.2.1 The members of the SSEB will review the quotes, with the support of technical advisors, and rate the acceptability of each evaluation factor. The SSEB will rate each quote against the specified evaluation criteria in the solicitation. They will make no comparisons between quotes at this time. After all quotes are rated, the SSEB will compare the quotes against each other.

7.2.2 Quality Review Documentation: The SSEB will support each evaluation factor rating with a brief narrative as to why the factor was rated acceptable or unacceptable.

7.2.3 The technical rating scheme for Factors A and B as follows and in accordance with the solicitation. The following adjectival ratings will be used in evaluation of technical factors.

7.2.3.1 Acceptable. Quote clearly meets the minimum requirements of the solicitation.

7.2.3.2 Unacceptable. Quote does not clearly meet the minimum requirements of the solicitation.

7.2.4 The performance rating scheme for Factor C is as follows and in accordance with the solicitation. The government will evaluate the offeror’s past performance resulting in an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. The assessment is based on the offeror’s record of relevant and recent past performance information that pertain to products and/or services outlined in the solicitation requirements.

There are two aspects to the past performance evaluation. The first is to evaluate whether the offeror’s present/past performance is relevant or not relevant to the effort to be acquired. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts.

7.2.4.1 Acceptable. Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See note below.)

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

7.2.4.2 Unacceptable. Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

Bidder Inquiry:

1. Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

2. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

3. From this page you may view all bidder inquiries or add inquiry.

4. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

5. The Solicitation Number is : W91236-12-T-0009

6. The Bidder Inquiry Key is: 23VJVA-FDT4NY

7. The Bidder Inquiry System will be unavailable for new inquires 10 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

8. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

9. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

10. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals

Additional Terms and Conditions

1. AWARD TO RESPONSIBLE OFFEROR

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey will be performed and the offeror will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

2. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

3. BASIS OF AWARD

This requirement uses lowest price technically acceptable procedures, where award will be made to the offeror whose price is lowest, and whose quote is technically acceptable.

4. INCURRING COSTS

The Government is not liable for any costs incurred by the business in preparing a quote in response to this solicitation.

5. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

6. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

7. INSURANCE

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law Employer's Liability $100,000 per person General Liability $500,000 per occurrence

Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $200,000 per person

$500,000 per occurrence Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

8. IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number

Bid Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

CHARLOTTE MEPS FURNITURE PURCHASE

FFP

Provide and install furniture and equipment in accordance with the technical specifications provided in the request for quote for the Military Entrance Processing Station (MEPS) located in Charlotte, North Carolina.

FOB: Destination

MILSTRIP: W26GLG20386324

PURCHASE REQUEST NUMBER: W26GLG20386324

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lump Sum

PROJECT MANAGEMENT

FFP

Project Management for the procurement and installation of furniture and equipment at Charlotte Military Entrance Processing Station, Charlotte, North Carolina.

FOB: Destination

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JAN 2012)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acquisition.gov/far at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010)

(a) Definitions. As used in this clause--

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30…