W91278-16-T-0028.pdf

SEE ADDENDUM

(No Collect Calls)

W91278-16-T-0028 27-Jun-2016

b. TELEPHONE NUMBER

251-694-4157

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 27 Jul 2016

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.

W912789. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JEFFERY J MASON

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

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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

W31XNJ61383035

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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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ENDIST MOBILE CONTRACTING DIVISION

109 ST JOSEPH ST

MOBILE AL 36602

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 W80178 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

WEST POINT PROJ MGMT OFF

DERRICK D. WILKERSON

USACE

500 RESOURCE MGNT DRIVE

WEST POINT GA 31833-9517

TEL: 706-645-2937 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$11, 000,000.00

NAICS:

113110

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.

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

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32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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37. CHECK NUMBER

FINALPARTIALCOMPLETE

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CORRECT FOR

34. VOUCHER NUMBER

FINAL

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PARTIAL

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

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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.

W91278-16-T-0028

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 643.55 Acre

TIMBER MARKING SERVICES

FFP

Provide all necessary labor, equipment and supplies to mark and tally trees to be cut and removed in stands scheduled for timber sales in accordane with the attached Scope of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: W31XNJ61383035

NET AMT

INSTRUCTIONS

Proposals must be delivered via e-mail ONLY to jeffery.j.mason@usace.army.mil. Include the solicitation number (W91278-16-T-0028) in the subject line of the e-mail.

Facsimile responses are NOT authorized for this procurement.

Contractor Shall:

1. Submit quote on the attached form SF1449 & (SF30 IF AMENDED)

2. Thoroughly understand the Statement of Work and submit all requested information.

3. Fill out all applicable boxes on the form SF1449 & (SF30 IF AMENDED)

4. Quote all or none

5. Comply with all solicitation requirements. DO NOT FORGET TO ACKNOWLEDGE ALL

AMENDMENTS!

6. Offeror should reference FAR Clause 52.212-2 – EVALUATION – COMMERCIAL

ITEMS for important information regarding how your proposal will be evaluated.

7. Offeror shall complete and submit FAR Clause 52.212-3 Alt 1 – OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS. (IF NOT

REGISTERED IN SAM).

NOTE: IF YOUR COMPANY IS NOT REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) DATABASE, AN AWARD CANNOT BE MADE. PLEASE CALL

1-800-333-0505 TO GET YOUR DUNS NUMBER, THEN REGISTER ONLINE AT

http://www.sam.gov. (SAM REGISTRATION IS A FREE SERVICE).

SCOPE OF WORK

PART I THE SCHEDULE

SECTION C – DESCRIPTIONS / SPECIFICATIONS / WORK STATEMENT

Technical Provisions Table of Contents

Section Section Title Page Numbers

1 General 3 2 Definitions 4 3 Contractor-furnished Items 6 4 Government-furnished Property 7 5 Specific Tasks 7

Exhibits A Timber Stand List and Maps 10

TECHNICAL PROVISIONS

TP-1.0 GENERAL

TP-1.1 Description of Work:

Contractor will provide all necessary labor, equipment and supplies to mark and tally trees to be cut and removed in stands scheduled for timber sales on U.S.

Army Corps of Engineers property at West Point Project, in Georgia. The timber marking work will be performed in natural pine, mixed pine-hardwood, and hardwood stands. The Contractor must be a State Registered Forester in Alabama and/or Georgia.

TP-1.2 Location of Project Unit:

Timber marking work will be conducted in 6 timber stands, in 3 separate locations at West Point Project, located within: the Cater Creek Hunting Area off GA HWY 27, in the West Point Wildlife Management Area (WMA) off South River Rd. near the Snake Creek Park, in the West Point Wildlife Management Area (WMA) off GA HWY 219. Maps depicting the six timber stands and nearby landmarks are included.

TP-1.3 Boundaries of Project Units:

TP-1.3.1 The West Point Project property line is marked with 2 red stripes painted on witness trees on either side of the line, and 3 red stripes and a directional mark on corner witness trees, where the line changes direction.

TP-1.3.2 The timber stands’ boundaries are created by natural features, roads, and/or the project's property line. The boundaries for each stand also are indicated on maps included within and will be explained thoroughly on site.

TP-1.3.3 Interior reserve areas may be present within stand boundaries. If present, these are identified on the unit map and will be flagged in the field by project personnel. These areas are excluded from the stand’s acreage, and no timber shall be marked within them. .

TP-1.4 Pre-Work Conference: After contract award and prior to commencement of work, the contractor shall participate in a pre-work conference at the West Point Project Management Office. The date and time will be arranged by the COR, at which time the lines of authority and Government procedures for contractual, administrative, and work matters will be established. A review of critical aspects of the contract will be conducted, and specific, technical issues and special contract clauses will be discussed.

TP-1.4.1 Contractor Items: The contractor shall submit at the pre-work conference the following items:

Certificate of Insurance Letter of Appointment for Superintendent Accident Prevention Plan List of Proposed Subcontractors Registered Forester Certification (Alabama and/or Georgia) Resume of forestry experience (including references)

TP-1.5 Normal Working Days: Normal work days shall be Monday through Friday.

Weekend work will be allowed if the Contracting Officer Representative (COR) is notified no later than 4:00 p.m. on the preceding Thursday. To ensure proper communication and coordination, the contractor shall notify the COR at least 24 hours in advance if he/she will not be working for a period longer than two (2) working days.

TP-1.6 Completion Date: All marking shall be completed and reports received within 150 days from the date the contract is awarded. All equipment shall be removed from public property prior to this date.

TP-2.0 DEFINITIONS

Basal Area – the cross sectional area of trees at DBH, including the bark, stated in square feet on a per acre basis.

Basal Area Factor (BAF) – a numerical factor used in variable radius plots which makes it possible to convert stem count per acre to basal area per acre.

Basal Area Prescription (BAP) - a marking prescription based upon a specified basal area target.

Borderline - a term used for a tree that is difficult to judge as being “in” or “out” of the variable plot because it is located at a distance from the plot center, which is nearly equal to the limiting distance for a given BAF. The final determination of if the tree is “in” or “out” is calculated by measuring the tree diameter at DBH and determining the limiting distance.

Co-dominant Tree – a tree with its crown forming the general level of the crown canopy and receiving full light from above but comparatively little from the sides;

usually with a medium-size crown partially crowded on the sides.

Cut Tree – a tree that will be harvested. Cut trees are usually intermediate, overtopped, or of inferior quality. Co-dominant trees may occasionally be cut.

DBH - diameter of the tree at breast height, measured at a point 4-1/2 feet above ground level from the uphill side of the tree.

Dominant Tree – a tree with its crown extending above the general level of the crown canopy and receiving full light from above and partly from the side; larger than average trees in the stand, and with its crown dense, comparatively wide and long, but possibly somewhat crowded on the sides.

Gap- a discontinuity in canopy cover; a spacing between trees over five times greater than the existing tree spacing; a spacing between trees equal to or greater than the height of dominant trees in the project stand. Gaps can be natural or created through tree removal.

Hardwood - a broad-leaf tree which attains a height of greater than 20'. Trees may occur in clumps or as a single stem. Hardwood trees include, but are not limited to, white oak, southern red oak, hickory, and sweet gum.

Intermediate Tree – a tree shorter than dominants or co-dominants, with its crown below or barely reaching into the main canopy formed by dominant and co-dominant trees; receives a little direct light from above and none from the sides; usually with a small crown and crowded on the sides.

Leave Tree - a tree that would be left in a harvest operation according to basal area guidelines or diameter limit guidelines, tree spacing, tree health, or position of the crown in the canopy. Minimum DBH is seven inches.

Overtopped Tree – a tree with its crown entirely below the general forest canopy and receiving no direct light from above or from the sides.

Snag Tree – a standing dead tree over 6' in height

Suppressed Tree - see Overtopped Tree.

Uneven-age Management- a management practice designed to ensure that trees of different age groups are left to co-exist within the stand.

TP-3.0 CONTRACTOR-FURNISHED ITEMS

TP-3.1 The Contractor shall furnish all necessary labor, equipment, transportation, supervision, tools, and materials, except as provide by TP-4.0, Government-furnished Property, and incidentals necessary to complete the work as specified herein.

TP-3.2 Crew Requirements: The Contractor must maintain an adequate work force at all times to ensure timely completion of the work and is responsible for the crew(s) knowing and performing the requirements of the contract. Supervisor Requirements: Persons designated by the Contractor as supervisors must actually perform in that capacity. The supervisor must, therefore, effectively direct the crew by (1) making periodic inspections of the crew’s work, such as establishing evenly distributed check plots throughout project stands, (2) advising them as to deficient work, and (3) providing instructions for correcting such deficiencies.

This person shall be capable of speaking and reading English well enough to ensure good communications with the Quality Assurance inspector (QA). Any group of people without such an individual will not be considered a crew. Any changes in supervisory designations, crew personnel or work schedule shall be submitted in writing to the COR at least 24 hours prior to the change taking effect.

TP-3.3 Equipment and Supplies

TP-3.3.1 The Contractor shall provide the following:

a. Tools to measure the basal area per acre in residual trees. A prism, angle gauge, or a relaskop are examples. If a prism or angle gauge is used, a clinometer is also required.

b. Standard blue marking paint which will effectively stick to tree bark under all types of weather conditions and remain visible for up to 3 years. The Contractor shall provide a detailed description of the type and product name of paint to be used at the pre-work conference.

c. All equipment or tools required to apply the tree marking paint.

d. Tally sheets shall be turned into the COR upon completion of the contract.

TP-3.3.2 All tree marking paint and application equipment are subject to approval by the Government prior to start work. Acceptable tree marking paint and applicators must be similar to those paints and applicators made available through forestry supply catalogs and stores.

TP-4.0 GOVERNMENT-FURNISHED PROPERTY

TP-4.1 The Government will provide the following items:

a. Aerial photo of each stand area.

b. Project area maps of each stand.

c. Silvicultural prescription(s) to be used for each stand.

TP-4.2 All Government-furnished property shall be returned to the Government prior to final payment.

TP-5.0 SPECIFIC TASKS

TP-5.1 Tree Marking Prescriptions:

TP-5.1.1 Silvicultural prescriptions shall be provided with each stand. Each stand will be marked from an ecosystem management objective stressing biodiversity and structural diversity. Selection Criteria: Stands in need of thinning, typically have a basal area (BA) ranging from 80 – 150 ft2. In most stands, the desired residual stand BA will be 50 ft2. Mark the timber in order to reduce the overall merchantable basal area to 50 square feet per acre, while preserving/promoting the stand’s structural and species diversity. Cut volume shall be determined on the following criteria. Trees marked should be trees that are severely stressed, diseased, deformed (i.e. cat-faced or forked) and/or in need of removal to release the favored, healthy trees. Pines and sweet gums should be marked for cut to favor hard mast producing trees. It may also be necessary to mark a limited number of healthy co-dominant and dominant trees in these stands to reach the target basal area and structural diversity. Leave trees should be a healthy mix of mature and immature trees that vary in diameter and height in order to leave an uneven-aged stand. Some large trees whose crown structure and diameter makes the tree non-merchantable should be left in favor of structural diversity. No longleaf pine shall be marked. If longleaf pine is identified in the stand then mark trees in order to favor the longleaf pine.

TP-5.1.2 Cut volume shall be determined based on stands being over-stocked; trees tallied for removal are diseased, suppressed, crooked, or forked.

TP-5.1.3 Areas in stands where trees are badly diseased, crooked, or forked shall be tallied for removal regardless of the BA producing a gap in the canopy for regeneration.

Gaps shall not exceed 1 acre in size and will be approved by the Corps technical representative prior to marking.

TP-5.1.4 Slower growing, co-dominate trees shall be tallied for harvest when additional tree removal is warranted to bring the BA down to 50 ft2.

TP-5.1.5 All merchantable sweet-gum trees in a predominately pine stand shall be marked for removal.

TP-5.2 Tree Marking Methods: Tree marking work shall be done in stands needing thinning to determine cut volumes. The Government reserves the right to change marking methods on particular stands when an alternative method is advantageous.

TP-5.2.1 Tree selections for cut volume shall be made using criteria in paragraphs 5.1.1

TP-5.2.2 Pine Sawtimber Tallies: Sawtimber tallies shall be made in two-inch numbered diameter classes and totaled for each class and shall be tallied by logs and half logs. Minimum sawtimber tally size is 12” DBH by one 16’ log to an 8” top of the log outside of the bark.

TP-5.2.3 Pine Chip-n-Saw Tallies: Pine Chip-n-Saw tallies shall be made in two-inch numbered diameter classes and totaled for each class and shall be tallied by logs and half logs. Minimum chip-n-saw tally size is 10” DBH by one 25’ log to a 6” top of the log outside the bark.

TP-5.2.4 Pine Pulpwood Tallies: Pine Pulpwood tallies shall be made in two-inch numbered diameter classes and totaled for each class and shall be tallied by logs and half logs. Minimum pulpwood tally size is 6” DBH by one 16’ log to a 4” top of the log outside of the bark.

TP-5.2.5 Hardwood Pulpwood Tallies: Hardwood Pulpwood tallies shall be made in two-inch numbered diameter classes and totaled for each class and shall be tallied by logs and half logs. Minimum pulpwood tally size is 6” DBH by one 16’ log to a 4” top of the log outside of the bark.

TP-5.2.6 Hardwood Sawtimber Tallies: Hardwood Sawtimber tallies shall be made in two- inch numbered diameter classes and totaled for each class and shall be tallied by logs and half logs. Minimum sawtimber tally size is 12” DBH by one 16’ log to an 8” top of the log outside of the bark.

TP-5.2.7 Every 10th tree marked in each product class will be classified as a tally tree. This tree must be accurately measured for its DBH and merchantable height.

TP-5.3 Painting Requirements:

TP-5.3.1 All trees to be harvested will be marked as follows:

1. EYE-LEVEL MARKS:

Sawtimber trees shall be marked with two diagonal marks across the bole of the tree so that the paint is visible from all sides of the tree. Eye-level marks should be large enough to be easily visible to the Government check-cruisers, prospective buyers and the loggers. Paint shall be in direct contact with the tree bark; moss and other obstructions must be removed prior to paint application. All trees marked with an eye-level mark must also have a stump mark.

Chip-n-saw trees shall be marked with one diagonal mark across the bole of the tree so that the paint is visible from all sides of the tree. Eye-level marks should be large enough to be easily visible to the Government check-cruisers, prospective buyers and the loggers.

Paint shall be in direct contact with the tree bark; moss and other obstructions must be removed prior to paint application. All trees marked with an eye-level mark must also have a stump mark.

Pulpwood trees shall be marked with a single spot of paint at least 3 inches in diameter, so that paint is visible from all sides of the tree. Eye-level marks should be large enough to be easily visible to the Government check-cruisers, prospective buyers and the loggers.

Paint shall be in direct contact with the tree bark; moss and other obstructions must be removed prior to paint application. All trees marked with an eye-level mark must also have a stump mark.

2. STUMP MARKS OR BUTT MARKS

Stump or butt marks will be required to serve as evidence that each tree was marked for removal before it was cut. These marks must contain enough paint to produce a prominent mark. The mark at the base of the tree must meet the ground line.

TP-5.3.2 All empty paint cans and any other trash or debris resulting from performance of this work shall be removed from Government land and disposed of legally off site.

TP-5.4 Contractor Submissions: Upon completion of marking, the contractor shall furnish a paper copy and an electronic copy of the cruise work-up for each cutting stand, copies of all tally sheets, field maps, and a summary sheet containing numbers of trees marked by diameter class and volume by diameter class.

Summary sheet information will be broken out separately for pine sawtimber, pine pulpwood, hardwood sawtimber, and hardwood pulpwood for each cutting stand. The contractor shall present the format(s) for these submittals at the pre-work conference, for review and approval.

Timber Stand Acreages:

Stand Number

Stand Name Acres

1 Cater Creek 151.67 2 WMA (Stand 166) 196.08 3 WMA (Stand 140) 47.62 4 WMA (Stand 219) 48.08

5 WMA (Stand 223) 96.12 6 WMA (Stand 198) 103.98 Total= 643.55

PART I – THE SCHEDULE SECTION C THE DESCRIPTION / SPECIFICATIONS / WORK

STATEMENT Contractor shall furnish all labor, equipment, and supplies to provide timber marking service in designated locations at West Point Project in accordance with specifications.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT

MEASURE

UNIT PRICE

0001 Mark Timber 643.55 Acre

Return By: July 27, 2016 @ 2:00 PM Central Daylight Savings Time

Company Name:_____________________________________

Responsible Individual:________________________________

Signature:___________________________________________

Date:_______________________________________________

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 150 dys. ADC 643.55 WEST POINT PROJ MGMT OFF

DERRICK D. WILKERSON

USACE

500 RESOURCE MGNT DRIVE

WEST POINT GA 31833-9517

706-645-2937 FOB: Destination

W80178

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law

FEB 2016

52.219-1 Small Business Program Representations OCT 2014 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

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

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

Additional copies will be issued for a fee.

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

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

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(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:

Award to be made to the lowest priced responsible and responsive offeror.

(b) 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 (APR 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (q) 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. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern.