A22_-_Solicitation_W912EQ19T0034_-_Dozer.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER W38XGR91784334

INFORMATION CALL:

KENDELL M RILEY

901-544-0891

02:00 PM 09 Sep 2019

9. ISSUED BY

CODE

W912EQ

10.

THIS ACQUISITION IS

X UNRESTRICTED OR

SET ASIDE: % FOR:

US ARMY ENGINEER DISTRICT, MEMPHIS KENDELL RILEY

167 N. MAIN STREET

SMALL BUSINESS HUBZONE SMALL

WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

NAICS:

KENDELL.M.RILEY@USACE.ARMY.MIL

MEMPHIS TN 38103-1894

BUSINESS

EDWOSB

333120

TEL: 901-544-0891 SERVICE-DISABLED

VETERAN-OWNED

8(A)

SIZE STANDARD:

FAX:

11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS

12. DISCOUNT TERMS

SMALL BUSINESS

13a. THIS CONTRACT IS A

13b. RATING

1,250

MARKED

SEE SCHEDULE

RATED ORDER UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE W38XGR 16. ADMINISTERED BY

W2R9 ENDIST MEMPHIS USACE ENSLEY ENGINEER YARD 2915 RIVERPORT ROAD MEMPHIS TN 38109-3018

TEL: 901-785-6355 FAX:

CODE

17a.CONTRACTOR/ CODE FACILITY OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCEIS DIFFERENT AND PUT

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

SUCH ADDRESS IN OFFER

BELOW IS CHECKED

SE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUP LIES/ SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

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

ADDENDA

X

)ARE

ARE NOT ATTACHED

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

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER DATED

. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

(SIGNATURE OF CONTRACTING OFFICER)

30b. NAMEAND TITLE OF SIGNER 30c. DATESIGNED 31b. NAME OF CONTRACTING OFFICER

(TYPE OR PRINT)

(TYPE OR PRINT)

31c. DATE SIGNED

TEL: EMAIL:

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

19.

ITEM NO.

20.

SCHEDULE OF SUP LIES/ SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL

FINAL

42b. RECEIVED AT (Location)

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

Each

)AMOUNT

MVM REPLACE CAT D6T DOZER 666 & 667 FFP

The US Army Corps of Engineers at Ensley Engineering Yard is seeking quotes for two (2) crawler tractor dozers with the specifications outlined below. Deliver to Ensley Engineering Yard, 2915 Riverport Road, Memphis, TN 38109 within 120 days of contract award.

FOB: Destination

MILSTRIP: W38XGR91784334

PURCHASE REQUEST NUMBER: W38XGR91784334

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 000101

TRADE-IN FFP

Dozer DT-66 is a Caterpillar D6R LGP with 3,841 hours (See Specification Attached) * The Government is not obligated to award on a trade-in or exchange basis. If the lowest evaluated technically acceptable offer is an offer for the new items without a trade-in or exchange, the contracting officer may award on that basis and forgo trade-in.

PURCHASE REQUEST NUMBER: W38XGR91784334

W912EQ19T0034

Page of 54

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 000102

TRADE-IN FFP

Dozer DT-67 is a Caterpillar D6R LGP with 4,315 hours (See Specification Attached) * The Government is not obligated to award on a trade-in or exchange basis. If the lowest evaluated technically acceptable offer is an offer for the new items without a trade-in or exchange, the contracting officer may award on that basis and forgo trade-in.

Section C - Descriptions and Specifications

SPECIFICATIONS

Request for Quote

Potential Offerors -

The US Army Corps of Engineers at Ensley Engineering Yard is seeking quote for two (2) crawler tractor dozers with the specifications outlined below.

Deliver to Ensley Engineering Yard, 2915 Riverport Road, Memphis, TN 38109 within 120 days of contract award. P.O.C for questions regarding specifications is Steve Lytle by phone 901- 333-3623.

CRAWLER TRACTOR EQUIPMENT SPECIFICATIONS

The successful Offerors shall be a local factory-authorized dealer for the make of machine quote and shall maintain a service center equipped with factory-trained mechanics and sufficient parts inventory, a copy of which will be furnished upon request. This sheet shall be labeled “Exception(s) to Quote Conditions and Specifications,” and must be attached to the quote.

1. Basic - This machine shall be a new, currently advertised, standard production track-type crawler tractor (dozer) designed and produced as a Low Ground Pressure (LGP) undercarriage arrangement machine equipped with a Variable Pitch, Angle, and Tilt (VPAT) blade. A modified standard-type dozer which is not designed as (LGP) will not be acceptable.

a. Basic operating weight with the VPAT blade shall be approximately 50,000 lb. (+/-3000 lb.) including shoes, lubricants, coolants, full fuel tank, Rollover Protective Structure (ROPS) cab, drawbar, and operator. LGP VPAT tractor shall have at least 94 in. track gauge, 8 track rollers.

b. The overall length of the basic tractor with VPAT blade straight shall not exceed 225 in.

c. Ground pressure per ISO 16754 will not exceed 5.1 psi.

d. Ground clearance per SAE J1234 will be at least 15 in.

2. Engine –

a. The engine shall be of diesel type and fully equipped with all necessary operating accessories.

b. The engine shall be mounted so as to be accessible for adjustment and normal servicing without being detached from the tractor unit.

c. The engine shall meet U.S. EPA Tier 4 Final emission specifications.

d. Machine shall include air intake pre-cleaner with screen for heavy debris environment.

e. Machine shall be equipped with a hydraulically driven, reversible fan to allow purging of dirt and debris from the radiator and engine enclosure.

f. Machine shall be equipped with fuel tank guard.

3. Powertrain/Transmission –

a. Transmission shall be fully automatic.

b. Transmission shall be capable of a forward ground speed of at least 7.0 mph.

c. Transmission shall be capable of a reverse ground speed of at least 7.0 mph.

d. Machine shall include seals for high debris environment.

4. Final Drives –

a. Final drives shall be elevated (high drive) and isolated from ground-induced shock loads.

b. Final drives shall be double reduction, planetary design.

c. Final drives shall be fully enclosed.

5. Hydraulics –

a. Machine shall have independent steering and implement pumps.

b. Hydraulics and controls shall be load sensing, adjusting hydraulic flow to match demand.

6. Undercarriage –

a. Maximum ground pressure of 5.1 psi when equipped with maximum 36-inch wide shoes, VPAT blade, fuel and lubricants.

b. Tracks shall include holes to allow extricable dirt and debris to be pushed out by sprocket to reduce debris from packing between the shoes and bushings.

7. Operators Station –

a. Cab shall be equipped with Rollover Protective Structure (ROPS), air suspension seat, and air-conditioning.

b. Cab shall be enclosed with impact-resistant polycarbonate doors and include side and rear screens to protect cab windows and doors.

c. A single control unit should be used for both steering and speed changes.

d. Implement and steering controls shall be electro-hydraulic.

e. Instrument panel shall have indicators that keep the operator aware of fuel level, hydraulic oil temperature, engine coolant temperature, powertrain oil temperature, and engine RPM.

f. All operator indicators shall be visible in all light conditions.

g. Machine shall be equipped with an operator presence detection system to prevent accidental machine or implement movement when an operator is not in the seat and shall also include guarded back up alarm and guarded rear screen on cab.

8. Work Tool Options –

a. A straight (S), Variable Pitch Angle Tilt (VPAT) blade with an approximate capacity of 6.0 cubic yards shall be included.

b. Machine shall be equipped with at least 12 external LED work lights with wire guards mounted to provide 360-degree visibility and an under hood work light.

c. Machine shall be equipped with a rear, variable-speed, hydraulic winch.

d. Winch shall include a fairlead with four (4) rollers.

e. Winch shall have a minimum 180' long, 0.88" diameter cable with hook installed.

9. Equipment Protection Plan –

a. Machine shall include a 36 month / 3000 hour Equipment Protection Plan

10. Trade ins –

a. Offerors must be willing to accept the two trade in bulldozers and give the government fair market value credit towards the purchase of the two new dozers.

b. These dozers are currently in use so the hour readings may increase from the readings listed below, which were taken on 21 May 2019.

c. The specifications for the two trade in bulldozers are listed below and pictures of the two trade in bulldozers are attached (Section 16):

i. Dozer DT-66 is a Caterpillar D6R LGP with 3,841 hours

ii. Dozer DT-67 is a Caterpillar D6R LGP with 4,315 hours

d. Photos of Dozers are attached. (Section16)

12. Hours of Operation – Delivery schedule will be coordinated by Contracting Officer’s Representative (COR) and Contractor.

13. Place of Performance – Delivery of equipment will be made to U.S. Army Corps of Engineers, Ensley Engineering Yard, 2915 Riverport Road, Memphis, TN 38109

14. Type of Contract – The Government will award a Firm Fixed Price (FFP) purchase order.

15. Security Requirements –

a. Physical Security – The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use, if needed.

b. Contractor will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or restricted areas.

c. Access and General Protection/Security Policy and Procedures: All Contractor and associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provide by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

d. Pre-Screen Candidates Using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

e. Special Qualifications: NA

f. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the contracting office will apprise the contractor of how the government views the contractor’s performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meeting shall be at no additional cost to the Government.

g. Contracting Officer Representative (COR): The Contracting Officer Representative will be Steve Lytle, Senior Plant Inspector. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: 1) assure that the Contractor performs the technical requirements of the contract;

2) perform inspections necessary in connection with contract performance; 3) maintain written and oral communications with the Contractor concerning technical aspects of the contract; 4) issue written interpretations of technical requirements, including Government drawings, designs, specifications; 5) monitor Contractor’s performance and notifies both the Contracting Office and Contractor of any deficiencies; and 6) coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

h. Key Personnel: The following personnel are considered key personnel by the Government: Robert Shover, Safety Officer; Steve Lytle, Senior Plant Inspector. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available as needed Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.

i. Identification of Contractor Employees: All contract personnel attending meetings, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor employees will be required to wear a badge identifying them as contractor employees at all times while at the Government installation.

j. Contractor Travel: Contractor shall be responsible for all travel costs associated with this contract. Costs shall be incorporated into contractor’s price.

k. Other Direct Costs: None

l. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

m. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g. cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

16. Information on Trade-in Dozers:

Owning District:

Memphis District

Model/Serial

D6R/ WRG00525

W912EQ19T0034

Page

NOTICE TO OFFERORS

NOTICE TO OFFERORS

A. Request for Quote – Copies of the Solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunity (FebBizOpps/FBO) website at: https://www.fbo.gov. Prospective Offerors should submit technical questions concerning this Request for Quote via email to the Contract Specialist, Kendell M. Riley; Kendell.m.riley@usace.army.mil

PLEASE RETURN TO

U.S. Army Corps of Engineers ATTN: CT- Kendell M. Riley 167 N. Main ST, B-202 Memphis, TN 38103-1894 (901) 544-0891

B. The following documentation must be submitted with your quote for evaluation.

1. SF 1449, Solicitation, Offer and Award (block 17a) and your signature, name, title, and date (30a-c)

2. Section B - Schedule of prices

3. All amendments must be acknowledged

4. Faxed quotes will not be accepted

C. Offerors ADDRESS - Prospective Offerors should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1449 Block 17a.

D. System for Award Management - By submission of a quote, the Offerors acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an Offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or at: http://www.sam.gov.

The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

USACE ENSLEY ENGINEER YARD 2915 RIVERPORT ROAD

MEMPHIS TN 38109-3018

901-785-6355 FOB: Destination

W38XGR

Page

Section G - Contract Administration Data

SPECIAL PROVISIONS

SPECIAL PROVISIONS, TERMS, CONDITIONS AND INSTRUCTIONS, INCORPORATED BY FULL TEXT

0010 CUSTOMER INSTRUCTIONS

"Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer."

The customer is responsible for forwarding proof of delivery/service (SF 1449/DD FORM 1155 or DD 250 or electronic equivalent) signed by a government official to the address located in block 18a. Failure to do so may cause a delay in payment to the contractor. If any items delivered/service is not in accordance with the contract or purchase order, notify the contracting officer in writing.

0020 WARRANTY

UNLESS OTHERWISE STATED, STANDARD COMMERCIAL WARRANTIES APPLY, PLEASE FURNISH A WRITTEN COPY WITH YOUR DELIVERY.

0030 CONTRACTING E-MAIL ADDRESS/PHONE/FAX NUMBER(S)

CONTRACT SPECIALIST – KENDELL RILEY kendell.m.riley@usace.army.mil , (901) 544 0891 CONTRACTING OFFICER- MONICA MOODYmonica.a.moodyusace.army.mil, (901) 544-0838

0040 DELIVERY TIMES

The following delivery times are established for contactors:

0700-4:00pm, M-T (Monday thru Thursday) 0700-3:00pm, Friday

(UNLESS OTHERWISE INSTRUCTED)

No deliveries will be accepted on Federal holidays.

Call in advance to ensure availability; Stephen Lytle (901) 333-3623

All vendors shall have a delivery ticket with each delivery. The delivery ticket will ensure prompt processing of payment.

0050 DELIVERY INTENT/NOTIFICATION CLAUSE

DELIVERY INTENT: It is the contractor’s responsibility to notify/coordinate with the Supply Manager a minimum of three (3) days prior to the anticipated date of arrival. Contractor shall provide:

1) Government purchase order number

2) Delivery Point 3.) Carrier name and tracking information/estimated delivery date DELIVERY PARTIAL/COMPLETE: It is the contractor’s responsibility to notify the CONTRACTING OFFICE within seven (7) days after a partial/complete delivery of goods. Contractor shall provide

1) Purchase order number

2) Delivery Point/Service Point 3.) Name of the person who accepted delivery and actual date of delivery. 4.) Other information as required by the contracting office

The preferred method is via telephone by contacting someone listed in 0040. You may fax the information to also after you’ve contacted someone listed in 0040. Be sure to include a principle point of contact at your company, telephone number, fax number and e-mail address.

0060 FEDERAL, STATE AND LOCAL TAXES-GOVERNMENTAL ENTITY

The U.S. Government is exempt from state sales or use taxes and federal excise taxes. This purchase is not subject to Tennessee State Sales tax per K.A.R. 92-19-77. For additional information contact your local, state, or federal taxing authority.

0070 BLOCK 18a OF SF 1449, PAYMENT WILL BE MADE BY:

USACE FINANCE CENTER 5722 INTEGRITY DRIVE BLDG S-787

MILLINGTON TN 38054-5005

0080 BLOCK 18b OF SF 1449, SUBMIT INVOICES:

INVOICES SHOULD BE EMAILL DIRECTLY TO THE FOLLOWING:

CEFC.B1invoices@usace.army.mil

Stephen.m.lytle@usace.army.mil kendell.m.riley@usace.army.mil

DESIGNATED BILLING OFFICE:

USACE FINANCE CENTER 5722 INTEGRITY DRIVE BLDG S-787

MILLINGTON TN 38054-5005 AND

USACE –

Bank Grading Unit ATTN: Stephen Lytle (901) 333-3623 2915 Riverport Rd.

Memphis, TN 38109 Delivery will be coordinated with the Government Point of Contact.

FAILURE TO MAIL YOUR INVOICE(s) TO THIS ADDRESS MAY DELAY PAYMENT TO EXPEDITE PAYMENT:

Please fax your invoice to 901-874-8731 (Designated Billing Office).

Invoice(s) must include:

(1) Name and address of the Contractor;

(2) Invoice date;

(3) Contract number, contract line item number and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any prompt payment discount offered;

(7) Name and address of official to whom payment is to be sent; and

(8) Name, title, and phone number of person to be notified in event of defective invoice.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

Content Paper

Certifications.

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

Subcontractors

Officials

Officials

Incident Reporting

Support

The Government of a Country that is a State Sponsor of

Terrorism

Performance Risk System in Past Performance Evaluations

Contractors.

Economic Enterprises, and Native Hawaiian Small Business

Concerns

Reports

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL 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.

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.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name) (End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Basis of Award:

(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:

PRICE

TECHNICAL CAPABILITY PAST PERFORMANCE

The award will be made to the contractor whose price is the lowest of all offers determined to be technically qualified in accordance with FAR Part 12 Acquisition of Commercial Items. Technically qualified is defined as meeting the minimum requirements in Technical, Past Performance and Price as listed below. No trade-offs are made. To receive consideration for an award, the offer must NOT receive an “unacceptable” rating for the non-price factors. The Government intends to make its award decision without discussions. Therefore, each offeror is encouraged to provide the Government with all of the information necessary to evaluate its proposal under the evaluation factors stated above. Offerors that fail to submit all the information necessary to evaluate their proposal with their initial proposal bear the risk that their proposal will be rejected without discussions. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Price:

a. Offers SHALL complete and submit the price schedule with their proposal and include a price for each line item. Failure to do so will result in the offer being rejected without further consideration. The Government is not obligated to award on a trade-in or exchange basis. If the lowest evaluated technically acceptable offer is an offer for the new items without a trade-in or exchange, the contracting officer may award on that basis and forgo trade-in.

b. The Contracting Officer will evaluate each offer’s price in accordance with FAR 15.404-1 to determine price reasonableness. In this context, reasonableness will be determined by comparing offered prices to one another, to the Government estimate and to pricing for previous work of a similar nature.

2. Technical Capability:

Offerors must submit with their bid, the latest published specifications and advertising literature on the machine they propose to furnish. Offerors must list on a separate sheet of paper any variations from, or exceptions to, the conditions and specifications

The Technical Capability factor SHALL receive an adjectival rating based on the assessed strengths and inadequacies of each offer as they relate to the Technical Capability. Technical rating with details descriptions are shown below:

TECHNICAL RATING

ACCEPTABLE Offer clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Offer does not clearly meet the minimum requirements of the solicitation

3. Past Performance:

A review of past performance will be conducted on this requirement. The quality and delivery classifications identified for a supplier in the Past Performance Information Retrieval System‐‐Statistical Reporting (PPIRS‐SR) application (http://www.ppirs.gov/) will be used by the contracting officer to evaluate a supplier's past performance. In the case of a supplier without a record of relevant past performance history in PPIRS‐SR for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

PAST PERFORMANCE RATING

ACCEPTABLE Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

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

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“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 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.

“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.

“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 stock of which 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 its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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(1) Small business concern. The offeror represents as part of its offer that it ( business concern.

) is, (

) is not a small

(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 ( not a veteran-owned small business concern.

) is, (

) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, (

) is not a small

(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 ( owned small business concern.

) is, (

) is not a women-

(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

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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. (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--

(i) It [

] is, [

] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and…