RFQ_W912DY-17-T-0241.pdf
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- Lodging Buy, Pacific Region Federal contract opportunity
- Solicitation number
- W912DY-17-T-0241
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SEE SCHEDULE
SEE SCHEDULE
SEE SCHEDULE
SEE SCHEDULE AA
TEL: 256-895-1110 FAX:
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
W912DY17T0241 28-Jul-2017 5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NOTE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)
THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
US ARMY ENGINEERING & SUPPORT CENTER
HUNTSVILLE ENGINEERING & SUPPORT CENTER
P.O. BOX 1600
HUNTSVILLE AL 35807-4301
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:
(Date) 29-Aug-2017
10.
256-895-1381MALISA H WILEY
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
W912DY17T0241
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
Furniture: Camp Carroll, Korea
FFP
The contractor shall provide furnishings in support of the Huntsville Center Centrally Managed Furnishings Program for Camp Carroll, Korea Lodging, in accordance with the attached Line Items, Item Descriptions and Statement of Work.
**** This package is SUBJECT TO THE AVAILABILITY OF FUNDS. No award will be made until funds are available.
****Please submit quotes valid for 120 days.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 6 Months
Option: Camp Carroll, Korea, CONUS
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer. These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building. Storage shall be a Firm Fixed Price amount of ___________ per month,for a total amount of ______________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 6 Months
Option: Camp Carroll, Korea OCONUS
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer. These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building. Storage shall be a Firm Fixed Price amount of ___________ per month, for a total amount of ______________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 1 Job
Furniture: Camp Casey, Korea
FFP
The contractor shall provide furnishings in support of the Huntsville Center Centrally Managed Furnishings Program for Camp Casey, Korea, Lodging, in accordance with the attached Line Items, Item Descriptions and Statement of Work.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 6 Months
Option: Camp Casey, Korea CONUS
FFP
**Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer. These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building. Storage shall be a Firm Fixed Price amount of ___________ per month, for a total amount of ______________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 6 Months
Option: Camp Casey, Korea, OCONUS
FFP
**Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer. These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building. Storage shall be a Firm Fixed Price amount of ___________ per month, for a total amount of ______________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 1 Job
Furniture: Camp Humphreys, Korea
FFP
he contractor shall provide furnishings in support of the Huntsville Center Centrally Managed Furnishings Program for Camp Humphreys, Korea lodging in accordance with the attached Line Items, Item Descriptions and Statement of Work.
**** This package is SUBJECT TO THE AVAILABILITY OF FUNDS. No award will be made until funds are available.
****Please submit quotes valid for 120 days.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 6 Months
Option: Camp Humphreys, Korea CONUS
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer.
These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building.
Storage shall be a Firm Fixed Price amount of ____________ per month, for a total amount of ___________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 6 Months
Option: Camp Humphreys, Korea OCONUS
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer.
These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building.
Storage shall be a Firm Fixed Price amount of ____________ per month, for a total amount of ___________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 1 Job
Furniture: Camp Zama, Japan
FFP
he contractor shall provide furnishings in support of the Huntsville Center Centrally Managed Furnishings Program for Camp Zama, Japan, lodging in accordance with the attached Line Items, Item Descriptions and Statement of Work.
**** This package is SUBJECT TO THE AVAILABILITY OF FUNDS. No award will be made until funds are available.
****Please submit quotes valid for 120 days.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 6 Months
Option: Camp Zama, Japan, CONUS
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer.
These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building.
Storage shall be a Firm Fixed Price amount of ____________ per month, for a total amount of ___________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 6 Months
Option: Camp Zama, Japan OCONUS
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer.
These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage per building.
Storage shall be a Firm Fixed Price amount of ____________ per month, for a total amount of ___________ for six months. Storage should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements.
Section C - Descriptions and Specifications
INSTRUCTIONS TO QUOTERS
. FURNITURE INSTALL INFORMATION:
A. Estimated award date is: 25 September 2017
B. Required install dates are as follows:
Building Camp Carroll, Camp Casey, Camp Humphreys in Korea and Camp Zama, Japan
Install Start not earlier than: 15 October 2017 Install Completion not later than: 30 March 2018
Building Camp Carroll, Camp Casey, Camp Humphreys in Korea and Camp Zama, Japan Contractor Furniture Install Start: ____________________ (date, not After Receipt of Order) Contractor Furniture Install Completion: ____________________ (date, not ARO)
C. Specific install instructions are contained in the Statement of Work (SOW), Attachment # 3.
2. SHIPPING/STORAGE INFORMATION
A. The contractor must ship goods on an FOB Destination basis.
B. Contractors must quote six month’s storage cost in the SF-18 form to be considered eligible for award. If a storage fee is not included in pricing, the contractor’s quote may be considered a non-conforming response to the solicitation. A quote for six months of storage is required for when the need for storage is identified prior to leaving the Continental United States (CONUS), and a quote for storage is required for when the need for storage is identified after items have departed CONUS. These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage. Storage needed for partial shipments or production runs will be prorated by the price of the items stored relative to the total price of the items ordered.
Storage will only be funded by Modification and at the discretion of the Contracting Officer. Storage will be a Firm Fixed Price amount. Contractors should take into account all costs necessary to store furnishings secure from theft, damage, and weather elements in case of any contingency en-route to installation. If storage is required in excess of 6 months, a new amount will be negotiated. If the storage cost is incurred, fast payment procedures may be implemented in accordance with FAR 52.213-1. If storage is required, payment may be approved for 85% of the total supplies only. Installation and the remaining 15% of supplies will be approved for payment once all responsibilities have been completed as set forth in the contract. Contractor shall coordinate delivery and installation with Government Technical Representative (TR) shown in the SOW, and save records of these communications with the goal of successful delivery and installation. This requirement for coordination includes, but is not limited to, communicating with the Government TR prior to shipping items in order to prevent unnecessarily expensive storage costs.
C. A Certification of Conformance must be provided by the contractor for any order that will be stored in a warehouse for which the contractor desires partial payment in advance of installation of the furnishings. FAR 52.246-15 addresses how to complete a certificate of conformance, and can be found in Attachment # 4, “Order Clauses.”
D. Destination/Ship to Address and Transportation Information: See Table 1 in SOW, Attachment # 3.
3. INSPECTION AND ACCEPTANCE
Inspection and Acceptance must be by the Government TR. See Table 1 in SOW, Attachment # 3.
4. LIST OF ATTACHMENTS
ATTACHMENT # 1 – LINE ITEM PRICING (Camp Casey, Korea) 2 pages ATTACHMENT # 1 – LINE ITEM PRICING (Camp Carroll, Korea) 2 pages ATTACHMENT # 1 – LINE ITEM PRICING (Camp Humphreys, Korea) 2 pages ATTACHMENT # 1 – LINE ITEM PRICING (Camp Zama, Japan) 2 pages ATTACHMENT # 2 – FURNITURE ITEM DESCRIPTIONS (FID) 35 pages ATTACHMENT # 3 – STATEMENT OF WORK (Camp Casey, Korea) 10 pages ATTACHMENT # 3 – STATEMENT OF WORK (Camp Carroll, Korea) 10 pages ATTACHMENT # 3 – STATEMENT OF WORK (Camp Humphreys, Korea) 10 pages ATTACHMENT # 3 – STATEMENT OF WORK (Camp Zama, Japan) 10 pages ATTACHMENT # 4 – ORDER CLAUSES 22 pages ATTACHMENT # 5 – CONTRACTOR PERFORMANCE EVALUATION 2 pages ATTACHMENT # 6 – ACCIDENT PREVENTION PLAN 7 pages ATTACHMENT # 7 – ORDER COMPLETION STATEMENT 1 page
5. CONTRACTING OFFICER’S INSTRUCTIONS AFTER AWARD
A. No change in the terms and conditions of the Award will be made except by a Modification to the contract signed by the Contracting Officer.
B. The contractor is responsible to coordinate the installation of its items with the site Technical Representative at least 30 days before the installation start date. At this time any special security/install instructions will be provided by the Government to that contractor. The contractor should refer to the Statement of Work (Attachment #3) for additional installation instructions. If additional days for installation are needed, a justification should be provided at the time of quote for approval by the Contracting Officer.
C. Security issues (e.g. getting on and off post), logistical discussions of the installation process must be coordinated with the Furniture Management Officer (FMO).
D. Safety Plans. The contractor is responsible for submitting a completed safety plan within one month after contract award, or where expedited installation is required NLT 10 days before installation. NO installation will be permitted without an approved safety plan. The contractor must not begin installing items until a safety plan has been submitted to and approved by the Government. All safety plans must be emailed to: FurnishingInvoices@usace.army.mil
E. The contractor must comply with all laws, rules and regulations of the installation, including but not limited to, the following: No weapons of any kind are to be carried by any person or transported in any vehicle entering an Army installation. Truck drivers carrying any kind of weapon will be denied access to the Army installation.
F. If requested by the Contracting Officer, the contractor shall provide reports for quoted items.
6. INVOICES
A. Partial order invoices will not be accepted. Invoices may be submitted for one building of a multi-building delivery order only with the approval of the Contracting Officer, following the complete installation of the one building by the contractor and acceptance by the Government.
B. All invoices must be emailed to the following email address for processing: FurnishingInvoices@usace.army.mil
C. The contractor shall return a signed Attachment # 7, Order Completion Statement, with its final invoice.
Invoices shall not exceed the contract amount. A final invoice submitted without a signed Order Completion Statement will be rejected.
THE FOLLOWING PARAGRAPHS WILL DROP OFF WHEN AN AWARD IS MADE ON THIS RFQ.
7. SUBCONTRACTING/JOINT VENTURE PARTNER
D. In the case of small business set-asides, all CTA members must be small businesses.
8. INSTRUCTIONS TO CONTRACTORS
A. The contractor must provide pricing for all items listed in the RFQ for the quote to be accepted by the Government.
B. The contractor must complete the furniture installation schedule under FURNITURE INSTALL INFORMATION and include in the quote submission.
C. All quoted items must meet the specifications defined in the Furniture Item Description (FID), Attachment # 2.
D. Technical Data Sheets Required. Current and complete cut sheets for all items specified in the FID must be provided by the contractor, unless otherwise specified. All salient features of items specified in the FID must be addressed on the cut sheets. When the contractor provides more than one cut sheet for an item specified in the FID, the cut sheets and supporting documentation shall be highlighted or contain other markings, which bring immediate attention to information, and enables the Government to remove all doubt whether a contractor has or has not met the specifications shown in the FID. The burden of providing information, which must be organized and sequential according to the FID, is the responsibility of the contractor. The Government shall not be held responsible for contractor information that is not organized and sequential according to the FID, or not highlighted (if within a larger document and used as proof), which prevents conclusive comparisons between the contractor’s quoted items and the requirements during technical review.
E. Electronic Price Quote is required. Attachment #1, “Line Item Pricing,” will be provided in an Excel spreadsheet format by the Government. The contractor must submit the completed Attachment #1 in Excel format to the Government by the deadline for submission of quotes set forth in this RFQ.
Attachment 1 should reflect only items provided through a teaming agreement, unless specified as open market items. Contractor shall provide pricing for all line items, even if the amount is $0.
F. Attachment # 8, “Technical Documents Checklist,” will be provided in Word format by the Government. The contractor must submit a completed Attachment # 8 in Word format to the Government by the deadline for submission of quotes set forth in this RFQ.
G. Product samples are not acceptable for this RFQ, unless otherwise directed by the Contracting Officer.
H. Multiple quotes are not acceptable for this RFQ. If multiple quotes are received, only one quote (as determined by the Contracting Officer) will be evaluated by the Government.
I. The contractor should list any specific special features, warranty, and environmental and energy efficiency features applicable to its quoted products.
J. The contractor is bound by the monthly storage fee quoted for an option for a maximum period of six months that may be unilaterally exercised by the contracting officer in one month increments. If a storage fee is not included in the contractor’s quote, the contractor’s quote may be considered a non-conforming response to the solicitation.
K. When drawings are included as attachments, they are for visualization purposes only. The FID takes precedence over drawings unless otherwise stated. Site conditions may not align with drawings. Post award site verifications are the responsibility of the Contractor.
L. The contractor must submit with its quotation its, Cage Code, Taxpayer Identification Number, Duns Number, and POC name, phone number, fax number, mailing address, & email address.
M. Please include the following information:
POC Name: _______________ Phone Number: ___________ Tax ID #: _________________ CAGE Code: _____________ Email Address: ____________ DUNS Number: __________
N. The Contractor must be actively registered in the System for Award Management (SAM) with no exclusions.
O. Contractors are NOT required to submit testing documentation with quotes; however, the Contracting Officer reserves the right to request actual copies of test reports at any time prior to or after award.
P. If the total price of the order exceeds $150,000.00, the contractor is requested to include a price reduction in their quote IAW FAR 8.405-4. The ordering activity contracting officer shall ensure that all quotes received are fairly considered and award is made in accordance with the basis for selection in the RFQ.
Ordering activities may request a price reduction at any time before placing an order. Schedule contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order.
9. SUBMISSION, MODIFICATION AND REVISION OF QUOTES
A. Contracting documents (SF18, SF30, Attachment # 1 in Excel format, Attachment # 8 in Word format) and technical documents (testing results, cut sheets, and other supporting documents) together create the quote. The terms, “quote,” “RFQ response,” and “response” have the same meaning in this section.
B. Quotes shall be submitted by the contractor to the Government in email, using as many emails as required to deliver a complete quote. When multiple emails are used to deliver a complete quote, contractors shall state their number to the Government. Currently, Huntsville Center supports up to 10MB of content per email.
C. It is recommended that contractors use AMRDEC SAFE, a File Transfer Protocol (FTP) site located at https://safe.amrdec.army.mil/SAFE/ as a backup method of submitting their quotes. If an FTP site is used, the contractor shall inform the Contract Specialist in email no later than the due date and time for quotes, as well as provide a functioning link, username, and password.
D. The Government must have in its possession the contractor’s entire quote by the RFQ due date and time.
E. Contractors shall return to the Government in the same Word version format received, their responses to the Government’s requests for clarification.
F. Contractors shall not merge into a single PDF document both the technical documents (testing results, cut sheets, and other supporting documents) and the contracting documents (SF18, SF30, Attachment #1 in Excel format, Attachment # 8 in Word format).
G. Contractors shall not intentionally quote items that do not meet the specifications of the Primary Requirements.
The Primary Requirements for Administrative Office Furniture (ADMIN) are defined as office furniture systems and, if included in the FID, wood case goods. The Government’s intent is to receive timely quotes that are organized, complete, and technically acceptable, with no need or a minimal need for clarifications. Quotes that do not meet the specifications of the primary requirements (documented during technical review) may receive no further consideration for award.
10. NON-CONFORMING RESPONSES
The Government is not required to accept non-conforming responses. Non-conforming responses may not receive a technical evaluation, and may not receive consideration for award. The following types of responses are considered non-conforming:
A. A contractor’s quote that does not meet the specifications of the Primary Requirements.
B. A contractor’s submittal of technical documents (testing results, cut sheets, and other supporting documents) and contracting documents (SF18, SF30, Attachment # 1 in Excel, and Attachment # 8 in Word) merged into a single PDF document.
C. A contractor’s submittal of technical documents that is incomplete, or is not organized and sequential according to the FID, which would prevent a conclusive comparison between the contractor’s quote and the Government’s requirement.
D. A contractor’s failure to respond to the Government’s request for clarifications in the same Word format received, in order for the Government to be able to continue to record communications with the contractor on the same form.
E. A contractor’s submittal of electronic documents whose file names do not reflect their general content, which do not enable the reader to locate information without opening documents repeatedly to be reminded of their contents, and which harm the Government’s ability to perform technical review or other examination.
11. LATE RESPONSES / NON-RESPONSIVENESS
A. Late responses are in all cases contractor responses that are not in the Government’s possession by the requested due date and time.
12. AMENDMENTS
The Government may amend the RFQ for reasons that include extending the due date for submission of quotes, in response to construction delays on buildings to be furnished, in response to market conditions, or for other reasons that clarify the needs of the Government.
13. QUESTIONS
A. Questions may be submitted by contractors within the time period specified in the RFQ package. When the term “hour” is used to describe the time period for questions, then it means sequential hours without interruption (24 hours = 1 calendar day), unless otherwise specified.
B. Notifications to the Government from contractors regarding limited- or non-available items, or potential errors in the Government’s specifications are welcomed.
C. A contractor’s request to change the Government’s requirement before quotes are due, may not be addressed because it does not clarify the requirement for all potential quoters, and if accepted would change the requirement.
14. DOWN-SELECT PROCESS
A. It is the Government’s intent to select a target of three (3) quotes for a complete technical evaluation to determine whether the quoted products in fact comply with the FID. The Contracting Officer has discretion to include more or less than three (3) quotes in the down-select. The down-select will be based on price, receipt of completed Attachment # 8 - Technical Documents Checklist, acceptable past performance, and the Contractor Furniture Install Completion Date (FICD).
B. At any time following the down-select, the Government may, at the discretion of the Contracting Officer, engage in exchanges with one or more of the contractors whose quotes were down-selected, or consider additional quotes for evaluation.
15. EVALUATION CRITERIA
A. Technical Evaluation – Technical will be rated “Acceptable” if all line items meet the specifications shown in the Furniture Item Description (FID).
B. Schedule – Schedule will be rated “Acceptable” if the contractor install dates are within the dates shown below.
Building Camp Carroll, Camp Casey, Camp Humphreys in Korea and Camp Zama, Japan
Install start not earlier than: 15 October 2017 Install completion not later than: 30 March 2018
C. Past Performance – Past Performance will be rated “Acceptable” or “Unacceptable.” The Government will use any available information to evaluate past performance.
D. Price – Price will be evaluated based on the contractor’s total quote, which includes supplies, services, shipping and storage.
E. The Government may, at the discretion of the Contracting Officer, engage in exchanges with contractors.
However, the Government reserves the right to make award without further exchanges.
16. SELECTION OF QUOTES FOR AWARD
The successful contractor will be the one whose quote is rated acceptable on technical, schedule, and past performance, and provides the best value to the Government. Best value will be determined by the quote that is technically acceptable and has the lowest total price.
17. RFQ’s ISSUED BY CONTRACTOR SUPPORT STAFF
Offerors are advised that contractor employees working under government contracts providing support services to the U.S. Army Engineering and Support Center will have limited and carefully controlled access to offeror or contractor bids and quotations submitted in response to solicitations. These persons will not be performing any evaluation or analysis of quotations.
Instead, they will be permitted to use the quotation analysis or evaluations conducted by authorized government employees to support CEHNC contracting officials in the administrative side of contract formation or administration. Thus, for example, such contractor personnel will prepare and format Contracting Officers Determination and/or, Determinations of Technical and Price Analysis.
Offerors are advised that employees of the following company, Vision Centric, Inc., will have access to your Quotation, to ensure confidentiality is maintained, the Contracting Officer will be requiring each contractor employee to sign a nondisclosure agreement. Similarly, the Contracting Officer will be requiring the companies themselves to sign non-disclosure agreements.
Notwithstanding any terms potentially to the contrary in your quotation, your submission of a quotation in response to this solicitation will constitute your agreement to the above terms.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-5 Trade Agreements OCT 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Required Use of American Iron, Steel, and Manufactured
Goods-Buy American Act--Construction Materials (MAR 2009)
MAR 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.219-7009 Section 8(a) Direct Award SEP 2007 252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.
52.204-20 Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
(End of provision)
52.204-20 Predecessor of Offeror (JUL 2016)
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
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.
(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 database via https://www.acquisition.gov (see 52.204-7).
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. 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 --
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means—
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“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.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"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).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.
“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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“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…
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