Combined_synopsis-solicitation_W912BU200013 (Rev. 1)docx..pdf

COMBINED SYNOPSIS/SOLICIATION

W912BU20Q0013

MDC 3299 PEGASUS Barge Maintenance and Repairs U.S ARMY CORPS OF ENGINEERS, Philadelphia District

This is a combined synopsis/solicitation, W912BU20Q0013, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included with additional information for line item. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation.

Request for quotation (RFQ):

CLIN

DESCRIPTION

0001 PEGASUS Barge Maintenance and Repairs (See SOW and Quote Form)

FOB: Destination

Inspection and Acceptance: where work will be perform. See SOW.

Period of performance is forty-five (45) calendar days after delivery of the vessel to Contractor’s yard. Vessel may be available approximately 10 days after award.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06/09-10-2019. Clauses and Provisions are available on line at HTTP://farsite.hill.af.mil and https://www.acquisition.gov.

This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 336611- Ship Building and Repairing with a small business size standard of 1,250 employees.

FAR 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,550.00 per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

MDC 3299 PEGASUS Barge Maintenance and Repairs

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-- Fixed-Price Supply and Service clause in this contract.

(End of clause)

MDC 3299 PEGASUS Barge Maintenance and Repairs

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN

2020)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to

MDC 3299 PEGASUS Barge Maintenance and Repairs small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

MDC 3299 PEGASUS Barge Maintenance and Repairs

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

FAR 52.203-3 GRATUITIES APR 1984

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (SEP 2013)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

DFARS 252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (DEC 2019)

MDC 3299 PEGASUS Barge Maintenance and Repairs

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016)

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

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

DFARS 252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(DEC 2019)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV

2011)

FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

(End of provision)

MDC 3299 PEGASUS Barge Maintenance and Repairs

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

MDC 3299 PEGASUS Barge Maintenance and Repairs

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in

(c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

MDC 3299 PEGASUS Barge Maintenance and Repairs

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (DEVIATION 2018-O0018)-

ADDENDUM Part (b) Submission of offers is replaced by language below.

Quote shall include the following (Quote Form):

1. Solicitation No.: W912BU20Q0013

2. Date/Name/POC:

3. Address/Telephone No:

4. Cage Code, DUNS:

5. 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).

For vendors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

6. In compliance with U.S.C. 7309 and 7310 and DFAR 225.7013, Restrictions on Construction or Repair of Vessels in Foreign Shipyards, the work performed under this contract shall not be performed in a foreign shipyard. The contractor shall provide the place of contract performance, and Master Agreement for Repair and Alteration of Vessels Contract Number in the Quote Form.

7. Additional requirements set forth in solicitation.

8. Price: Enter pricing in the Quote Form- Price Schedule Sheet. Unlock sheet Password: MDC3299

Part (c) Period for acceptance of offer replaces 30 calendar days with 90 calendar days.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

All other parts of this provision remain unchanged.

QUOTE SUBMITTAL INSTRUCTIONS:

*Pre-proposal vessel inspection is available on June 17, 2020. For additional information, see additional contract requirement below.

**Questions must be submitted by June 24, 2020 NLT 4:30 PM EDST to courtney.haynes@usace.army.mil. Questions will be answered within 24 hours through an amendment.

**Completed Quote Form with other require documentation shall be submitted electronically via email courtney.haynes@usace.army.mil by July 8, 2020 before 4:30 PM EDST**

(End of Provision)

MDC 3299 PEGASUS Barge Maintenance and Repairs

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 will be made to lowest price offer that meets specifications including terms and conditions, and past performance.

PRICE: Total Price of project plus Mileage Surcharge

A) Total Price at the bottom of Price Schedule Sheet.

B) Surcharges Evaluation Factor

Purpose: TEP will be used to accurately evaluate the price to perform all work specified in the solicitation and evaluate the cost to the Government to transport the barge to and from the contractor’s place of performance. Additionally, TEP will allow the Government to account for the lodging and per diem costs associated with work performed outside the geographic region specified below.

Calculation: TEP will be calculated using the following method:

Item Unit Rate

Round Trip Distance from Barge Current Location Nautical Mile $300.00

Crew Costs* Lump Sum $19,400

*Crew costs reflect lodging and meals for 3 individuals at the Joint Travel Regulation (JTR) approved rate for the duration of the performance period.

Locale: Offerors whose proposed place of performance is west of Morgan City, LA and east of Mobile, AL will have the crew costs added to their price, to accurately evaluate the quote, including the costs to the Government. Morgan City, LA and Mobile, AL were selected because crew members do not require lodging/per diem, etc. between these locations, as they will commute within this range. The determination of whether the place of performance falls within or outside these limits lies solely with the contracting officer.

All offerors will have the mileage rate evaluated with their quote.

Mileage rate from this location:

Michoud Assembly Facility 13800 Old Gentilly Rd, New Orleans, LA 70129

MDC 3299 PEGASUS Barge Maintenance and Repairs

To calculate TEP, the Government will begin by estimating to the nearest nautical mile the total distance of the round trip from the barge current location to the place of performance proposed by the offeror.

Using the calculated distance, the Government will multiply the rate by the round trip distance. This amount will be added to the price of the quote solely for the purposes of evaluating the lowest cost to the Government. It will not be used as the price awarded. In the event the offeror’s proposed place of performance falls outside of Morgan City, LA to the west or Mobile, AL to the east, the Government will add $19,440.00 as a lump sum to the quoted price, along with the mileage costs described above.

An example is provided below for reference only:

Quoted Price

Distance Calculation Outside Locale (Y/N)

TEP

Company A $300,000 250 miles x $300/mile = $75,000

Y - $19,440 $394,440.00

Company B $320,000 30 miles x $300/mile = $9,000

N - $0 $329,000.00

Assuming Company B complied with all other solicitation criteria, award in the case above would be made to company B at a price of $320,000.00

TECHNICAL: Scope of Work (SOW) including Master Ship Agreement and certifications.

1. Master Ship Agreement

Potential bidders shall have an existing “Master Ship Agreement” with the US Army Corps of Engineers, OR shall be capable of entering into such agreement in accordance with DFARS

SUBPART 217.71--MASTER AGREEMENT FOR REPAIR AND ALTERATION OF VESSELS.

DFARS SUBPART 217.71 clauses are hereby incorporated in full force and effect.

2. Schedule - Ability to perform and complete all work within the performance period defined as 3 August 2020 – 14 September 2020.

Submission Requirements and Evaluation Criteria: The ability to provide a schedule that identifies line items 1-38 in the price schedule with start and completion dates will be deemed acceptable. Lack of a schedule, or a schedule that does not identify the technical items 1-38 from the price schedule will be deemed unacceptable.

3. Dry Dock Certification – Submission of a current certification that the proposed dry dock is rated for the vessel dimensions and weight in accordance with one of the following:

a) US Navy, Naval Sea Systems Command or US Coast Guard

b) American Bureau of Shipping

c) An independent registered Professional Engineer specialized in dry docks, who shall cover the inspection requirements of (a) or (b) above

MDC 3299 PEGASUS Barge Maintenance and Repairs

Submission Requirements and Evaluation Criteria: The contractor must provide a certification, provided it meets US Navy, Naval Sea Systems Command, US Coast Guard, or ABS requirements and the following requirements:

The Inspection Certificate shall be within three (3) years from the closing of the solicitation (including all amendments) if the age of the dock is less than ten (10) years old.

OR

The Inspection Certificate shall be within two (2) years from the closing of the solicitation (including all amendments) if the age of the dock is over ten (10) years old.

A certificate from an independent registered P.E. who shall cover the inspection requirements of 3(a) or

(b) will also be deemed acceptable. Lack of a certification, or a certification that is outdated will be deemed unacceptable.

PAST PERFORMANCE

The Government will validate vendor(s) past performance information through Contractor Performance Assessment Reporting System (CPARS). Government will accept anything other than an “Unsatisfactory” rating in CPARS. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be considered neutral (not favorably or unfavorably).

NOTE: If any technical criteria is rated “unacceptable,” the contractor shall be considered unresponsive.

(b) As-Directed Items. The Government will evaluate offers for award purposes by adding the total price for all line items, including as-directed items, to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the as-directed prices are significantly unbalanced.

Evaluation of as-directed items shall not obligate the Government to direct work for these line items.

(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.

Additional contract requirement:

Pre-proposal vessel inspections is available for all prospective offerors. The pre-proposal inspections is scheduled for June 17, 2020, between the hours of 8:00 AM and 4:30 PM CDT. U.S. citizens shall submit this information no later than one week prior to the visit. All badge and visit requests should be submitted to:

terrance.j.fitzgerald@nasa.gov

MDC 3299 PEGASUS Barge Maintenance and Repairs cc: alan.w.murphy@nasa.gov, claude.cochran@nasa.gov, brendan.s.mcnichol@usace.army.mil, michelle.j.bertoline@usace.army.mil

Any change to schedule will be announce through notice amendment.

During the pre-bid inspection, Offerors will be allowed, with escort, unencumbered access throughout the vessel in areas related to the work in this contract, with the exception of entry into any tanks.

Representatives of the Government will be available, but only to the extent necessary to escort Offerors and assist with access. Government Representatives on the vessel will not discuss the scope of the work or make any technical clarifications or interpretations. Any questions of this nature should be submitted in writing to the designated Government representative for response. In all cases, a copy of both questions and answers will be forwarded to all prospective Offerors after Government analysis.

Please refer to section C006 for PRE-BID VESSEL INSPECTION instructions.

MDC 3299 PEGASUS Barge Maintenance and Repairs

1- Firms who receive a Federal contract in excess of $30,000.00 are required by legislation to submit an annual VETS Report on your employment of targeted veterans. Information on submitting your report may be obtained by accessing the following internet web site:

www.va.gov.

(End of Additional Requirements)

List of Documents, Exhibits, and Other Attachments:

Attachment 1: Statement of work (SOW)

Attachment 2: Quote Form (Quote and Price Sheets)

Attachment 3: Government Furnished Equipment (GFE)

Attachment 4: PEGASUS Barge Drawings & Manuals

(End of Documents, Exhibits, and Other Attachments)

*Completed Quote Form with other require documentation shall be submitted electronically via email courtney.haynes@usace.army.mil by July 8, 2020 before 11:59 PM EST*

Important Note: The official media for distribution of this RFQ is Beta.SAM. It is the responsibility of the interested vendor(s) to register in Beta.SAM and monitor the notice for any amendments. Offers that fail to furnish required representations or information, take into account amendments, or reject the terms and conditions of the solicitation may be excluded from consideration.