W9124719R0015_Released_Solicitation.pdf
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- Panther Strom Life Support Federal contract opportunity
- Solicitation number
- W9124719R0015
- Issued by
- Department of the Army
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SEE ADDENDUM
(No Collect Calls)
W9124719R0015 08-Mar-2019
b. TELEPHONE NUMBER
910-432-9308
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 15 Mar 2019
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912479. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JUSTIN P. SAWICKI
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MICC CENTER - FORT BRAGG
MICC FORT BRAGG - BLDG. 2-1731 ARMISTEAD ST.
FORT BRAGG NC 28310
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W81LM6 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
0082 IN HHC 03 HEADQUARTERS IN
CW2 JAMES MARTIN
A 2356 TAYLOR STREET
FORT BRAGG NC
TEL: 910-432-5494 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$38,500,000
NAICS:
561210
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF52
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF WORK
PANTHER STORM
3RD BCT, 82ND ABN DIV PANTHER STORM
FORT BRAGG, NORTH CAROLINA
Special Provisions and General Project Information:
1. The contractor shall prepare a technical and price proposals for 3D Brigade Combat Team, 82ND Airborne Division, PANTHER STORM within the boundaries of Fort Bragg, North Carolina.
2. Project Title: Life Support for 3D BCT, 82ND ABN DIV PANTHER STORM at Fort Bragg, North Carolina.
3. Project Name: 3rd BCT, PANTHER STORM
4. The objective of this effort shall be to support 3D Brigade Combat Team during PANTHER STORM training being conducted at Fort Bragg. These services shall maintain combat strength of the force by providing for its basic needs and life support functions.
5. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform operations necessary for temporary life support solutions for 3D BCT, 82ND ABN DIV within the boundaries of Fort Bragg, North Carolina.
6. Latrines and Hand-wash Stations: Contractor shall provide two hundred (200) portable latrines and fifty (50) hand-wash stations on 27MAR19 through 07APR19 at Fort Bragg training area. Contractor shall provide cleaning services daily of latrines and hand-wash station. Contractor shall provide resupply of soap dispensers, four (4) rolls of toilet paper and two (2) folded paper towel packs per unit per cleaning service. Contractor provide the flexibility to move portable latrines and hand-wash stations eight (8) times within the boundaries of Fort Bragg. If the COR requires that portable latrines or Hand Washing Stations shall be relocated, the COR will contact the Contractor.
Within 4 hours of notification, the Contractor will relocate portable latrines as requested by COR. For example, if a call is placed to the Contractor at 1:00 PM, the Contractor has until 5:00 PM to perform the move. The relocation of portable latrines & hand washing stations shall be included in the Contractor’s quote.
Fort Bragg, NC Date Range: 27MAR-07APR19 Grid Location/s Portable Latrines 200 TBD Hand-wash Station 50 TBD
6.1 Portable Latrines: Each latrine shall be the manufacturer’s standard commercial product. All materials, piping, and fitting shall be corrosion resistant. Each latrine unit shall consist of a completely enclosed, well ventilated, fly-tight building. The Contractor shall furnish single units. Material used for the construction of the latrines shall be impervious to moisture or be treated with an effective sealer. All construction joints shall be sealed to prevent daily accumulation of filth. Latrines shall be uniform in color. The doors shall be self-closing, tight fitting fly-tight to include all vents, and shall have an inside lock/latch. The urinals and toilet seats shall be made of stainless steel, fiberglass, plastic, or substantial material having a nonabsorbent finish. All latrines are to be set and attached to base supports consisting of treated lumber, plastic, or fiberglass and be placed in a location designated by the Contracting Officers Representative (COR) or Quality Assurance Evaluator (QAE). In most instances placement will be next to the gable end of target shed or other structure to protect them from being blown over in high winds
6.2 Damaged Portable Latrine or Hand Washing Stations. Damaged or unserviceable portable latrines or hand washing stations noticed at the time of servicing will be replaced by the contractor. Damaged or unserviceable portable latrines identified by the Government will be reported to the contractor by the COR for replacement
6.3 The Contractor shall comply with OSHA requirements and pertinent provisions of Safety and Health Requirements publication EM 385-1-1, Department of the Army, and Corps of Engineers. The Contractor shall comply with all local, state, and federal environmental and occupational safety rules and regulations.
6.4 Sanitary servicing (cleaning) shall be performed on all hand washing stations as specified. Cleanings of the hand wash stations shall include the complete removal of all waste and debris, and cleaning of outside shelves and mirrors. The hand wash stations interior and exterior surfaces shall be left in a clean and sanitized condition, to include applying a commercial grade cleaner and disinfectant to all exterior surfaces. After each cleaning, the Contractor shall restock each station with lotion spray soap, paper towels, empty trash receptacles located with the bank of latrines and hand wash stations, and legibly annotate the calendar sticker with the information stated above.
The Contractor shall remove and dispose of all trash and debris within a radius of 10 feet circumference of each unit.
7. Grey Water Removal: Contractor shall provide grey water removal services of approximately 1,000 gallons total from four (4) two hundred fifty tanks on 29MAR19 through 07APR19. Water shall be removed every other day. Location within the Fort Bragg training area shall be coordinated with contracting officer representative (COR) upon contract award.
8. Ice: Contractor shall provide a total of 500 bags of crushed iced to be delivered on 29MAR19, 01APR19, 03APR19, and 05APR19 to Fort Bragg, North Carolina 28310 at or near grid coordinate: TBP. Contractor shall deliver 100 bags of ice per delivery. Contractor shall provide crushed ice in 20lb bags
9. Refrigerated Truck Rental: Contractor shall provide a quantity of two (2) 26’ foot diesel reefer trucks from 27MAR19 through 08APR19 to 3BCT DFAC, Fort Bragg, NC 28310 at or near grid coordinate TBD upon contract award. The reefer trucks and trailer shall be capable of cooling and storing perishable items consistently throughout the period of performance at a temperature of 30 degrees Fahrenheit or less. Trucks will be driven by U.S. Military Personnel throughout the period of performance. Trucks shall have no restriction on miles driven and refrigeration unit run time.
10. Clean up after Servicing: The Contractor shall remove all trash, debris, or surplus materials from the work site at during and at the end of each workday and shall leave the work site clean of all debris when work is completed.
11. Work hours for this project shall be the normal working hours of (0700-1700).
12. Government Materials – the government shall not furnish or provide any materials or labor during the execution of this contract.
ADDENDUM TO FAR 52.212-1
In accordance with FAR 12.302, Tailoring of Provisions and Clauses for the Acquisition of Commercial Items, FAR Clause 52.212-1 is tailored as follows to reflect special contract terms and conditions that are unique to this solicitation.
I. INSTRUCTIONS FOR PROPOSAL SUBMISSION
1.1 For a quotation to be acceptable, an offeror must submit quotation to Fedbid no later than the solicitation closing date and time. Failure to submit as required shall be grounds for determining the offer technically unacceptable, and ineligible for contract award. The Government reserves the right to make a contract award determination without any discussions with offerors; however, if an award cannot be made on initial quotes and the Government determines discussions to be necessary, the competitive range will be established in considering technical, past performance and price evaluation factors to conduct discussions.
1.2 Confirmation of submittal requirement prior to the solicitation closing date and time is offeror’s responsibility. Quotations submitted other than Fedbid will not be considered for award.
1.3 Award will be made to the responsible offeror submitting the lowest priced, technically acceptable (LPTA) offer that satisfies all terms and conditions of this solicitation and who is determined to be responsible in accordance with FAR 9.104-1.
II. PROPOSAL SUBMISSION: Offerors’ proposals shall adhere to the following instructions:
2.1 These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.
2.2 Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.
2.3 Offerors are required to submit complete proposals (Technical Proposal, Past Performance Proposal, and Price Proposal, below) through Fedbid (http://www.fedbid.com/) no later than the solicitation closing date.
All questions should be emailed to the Contract Specialist at justin.p.sawicki.mil@mail.mil or submitted through Fedbid within 3 calendar days after the solicitation is issued. Questions received after this date and time may not be answered.
FACTOR I.
Technical Capability: The Offeror’s proposal shall contain all technical factors/subfactors of their technical capability which demonstrates a clear understanding and ability to execute all SOW requirements. The offeror shall provide proposed services and descriptions, or pictures or brochures to perform all services.
Unacceptable proposals. Proposals not submitted with all required documentations including all sub-factors listed in the solicitation will be deemed unacceptable and will not be considered for award. Not all of the minimum acceptable criteria are clearly met by the proposal will be deemed unacceptable. An unacceptable proposal contains one or more deficiencies. If the offeror’s proposal fails to meet specified minimum performance and technical capability requirements defined in the Statement of Work, the proposal will be deemed unacceptable. Unacceptable proposals will not be considered for contract award. Partial offer is not acceptable.
FACTOR II.
Price: The offeror shall complete the pricing information for Contract Line Number (CLIN) that have quantity identified. The proposed price will be reviewed to determine if the estimate is adequate, reasonable and complete to assess the offeror’s understanding of the solicitation. The definitions of the offeror’s price proposal being adequate, reasonable and complete are as follow:
Be Adequate: The proposed price and the scope of work are compatible.
Be Reasonable: Acceptable estimating methodology for developing the price quotation.
Be Complete: Responsive to all solicitation requirements, all
SOW items are included, and estimates can be traced.
Proposed prices will be evaluated in accordance with FAR 13.106-3 (a).
The Government will evaluate offers for award purpose by adding the total of all CLIN prices.
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 200 Each Portable Latrines
FFP
Contractor shall provide two hundred (200) portable latrines from 27 March 2019 through 7 April 2019 at multiple locations on Fort Bragg. Portable latrines will be required to be in place during different periods of time in accordance with attached SOW. Contractor shall provide daily cleaning services Monday through Saturday.
Maps and projected locations shall be provided by the Government in compliance with attached SOW.
FOB: Destination
PSC CD: S216
NET AMT
0002 50 Each Hand Washing Stations
FFP
Contractor shall provide fifty (50) hand washing stations from 27 March 2019 through 7 April 2019 at multiple locations on Fort Bragg. Hand washing stations will be required to be in place during different periods of time in accordance with attached SOW. Contractor shall provide daily cleaning services Monday through Saturday. Maps and projected locations shall be provided by the Government in compliance with attached SOW.
0003 1 Job Grey Water Removal
FFP
Contractor shall provide grey water removal services of approximately 1,000 gallons total from four (4) two hundred fifty tanks on 29MAR19 through 07APR19. Water shall be removed every other day. Location within the Fort Bragg training area shall be coordinated with contracting officer representative (COR) upon contract award.
0004 2 Each Refridgerated Truck Rental with ICE
FFP
Contractor shall provide a quantity of two (2) 26’ foot diesel reefer trucks from 27MAR19 through 08APR19 to 3BCT DFAC, Fort Bragg, NC 28310 at or near grid coordinate TBD upon contract award. The reefer trucks and trailer shall be capable of cooling and storing perishable items consistently throughout the period of performance at a temperature of 30 degrees Fahrenheit or less. Trucks will be driven by U.S. Military Personnel throughout the period of performance. Trucks shall have no restriction on miles driven and refrigeration unit run time.
Contractor shall provide a total of five hundred (500) bags of crushed iced to be delivered on 29MAR19, 01APR19, 03APR19, and 05APR19 to Fort Bragg, North Carolina 28310 at or near grid coordinate: TBP. Contractor shall deliver 100 bags of ice per delivery. Contractor shall provide crushed ice in 20lb bags
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 27-MAR-2019 TO
07-APR-2019
N/A 0082 IN HHC 03 HEADQUARTERS IN
CW2 JAMES MARTIN
A 2356 TAYLOR STREET
FORT BRAGG NC
910-432-5494
W81LM6
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.219-7011 Notification to Delay Performance JUN 1998 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013
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)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical
2. Past Performance
3. Price
The Government will make an award using the lowest price technically acceptable (LPTA) source selection process per FAR 15.101-2. Technical and past performance, when combined, is used to evaluate the offeror’s proposal for acceptability. Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-cost factors.
After determination of technical acceptability and past performance rating of acceptable, award will be based on the lowest price, technically acceptable proposal.
Factor 1: Technical
The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s proposal against the technical requirement.
Rating Description
Acceptable Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.
The technical factor is met when the Offeror’s proposal demonstrates as effective approach that clearly demonstrates evidence of the full capability for executing the PWS requirements.
Factor 2: Past Performance
The Past Performance rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the degree the offeror will satisfactorily provide the required services based on past and current performance records. An Acceptable or Unacceptable rating will be determined as follows:
Rating Description
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.)
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.
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 (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”
a. Past Performance Information: The information presented in the Past
Performance References and information obtained from other available sources other than those identified by the Offeror (such as past performance information obtained from Federal, State and local Government agencies, better business bureaus, published media, and electronic data bases available to the Government) will be the basis for evaluation of this factor.
b. Past Performance Evaluation: The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on recent contracts that are relevant to the effort required by this solicitation. Recent is defined for this action to be contracts that were performed within the last five (5) calendar years from the issuance date of the Request for Proposals (RFP). Relevant contracts include individual contracts that are similar, in whole or in part, to this solicitation, including contracts performed by a teaming partner or subcontractor.
c. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld.
d. It is at the Government’s discretion to determine whether past performance information furnished is or is not considered similar to the size and scope of the present requirement. Should the offeror have no past performance information the Government will assign a rating of “Acceptable.”
e. Offerors are cautioned that, in conducting the past performance assessment, the Government may use data provided in the offeror's proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving an “acceptable” past performance rests with the offerors.
f. Offerors may provide information on problems encountered on the contracts identified in their past performance submissions and the offerors’ corrective actions (FAR 15.305).
Factor 3: Price:
a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule for the base period.
b. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable in accordance with FAR 15.404.
(b) Options: N/A
(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns.
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