Synopsis_Solicitation_GDMW_IT.docx

Foreign Military Sales (FMS) FMS Case SSR-B-HEV, Procurement of Information Technology, Software, Products, Equipment, Services, and Training for the General Directorate of Military Works (GDMW) 2017-2019, W912ER-18-T-0001 United States Army Corps of Engineers (USACE), Transatlantic Division, Middle East District (TAM)

Description:

(i) This is a combined synopsis/solicitation for a commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The U.S. Army Corps of Engineers (USACE), Transatlantic Middle East District (TAM) has a requirement to procure specific brand name Information Technology (IT) software, products, equipment, licenses, subscriptions, services, and training for the Kingdom of Saudi Arabia Ministry of Defense, General Directorate for Military Works (GDMW) pursuant to Letter of Offer and Acceptance (LOA), Foreign Military Sales (FMS) Case SR-B-HEV. This requirement is explained in the attached Statement of Work (SOW).

(ii) This Request for Proposal (RFP) solicitation number is W912ER-18-T-0001 see below Contract Line Item Number’s (CLIN’s)

(iii) The full text of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulations supplement (DFARs) can be accessed on the Internet at http://www.arnet.gov/far/.

(iv) The associated North American Industries Classification System (NAICS) code for this acquisition is 423430 and the small business size standard of 100 Employees.

(v) Proposals must be broken down and prices shown for each of the following Contract Line Item Numbers (CLIN):

CLIN Description Quantity

CLIN 0001 Microsoft (M.S) Software (SW)

Upgrade of Microsoft Systems Listed Below

CLIN 0002 Bentley Software Under Maintenance for SELECT

CLIN 0003 Anti-Virus Software - Symantec Endpoint

CLIN 0004 Other S.W. Maintenance/Upgrade

CLIN 0005 Servers - Hardware

CLIN 0006 UPS, NAS Storage and SAN for Remote Backup - Hardware & System

CLIN 0007 Other Additional System Software

CLIN 0008 Additional CAD Software to be Procured

CLIN 0009 Computers, Copiers and Printers

CLIN 00010 OPTION YEAR 1 Microsoft (M.S) Software (SW)

Upgrade of Microsoft Systems Listed Below

CLIN 0011 Option Year 1 Bentley Software Under Maintenance for SELECT

CLIN 0012 OPTION YEAR 1 Anti-Virus Software - Symantec Endpoint

CLIN 0013 OPTION YEAR 1 Other S.W. Maintenance/Upgrade

CLIN 0014 OPTION YEAR 1 Other Additional System Software

CLIN 0015 OPTION YEAR 1 Computers, Copiers and Printers

CLIN 00016 OPTION YEAR 2 Microsoft (M.S) Software (SW)

Upgrade of Microsoft Systems Listed Below

CLIN 00016 OPTION YEAR 2 Microsoft (M.S) Software (SW)

Upgrade of Microsoft Systems Listed Below

CLIN 0017 OPTION YEAR 2 Bentley Software Under Maintenance for SELECT

CLIN 0018 OPTION YEAR 2 Anti-Virus Software - Symantec Endpoint

CLIN 0019 OPTION YEAR 2 Other S.W. Maintenance/Upgrade

CLIN 0020 OPTION YEAR 2 Other Additional System Software

CLIN 0021 OPTION YEAR 2 Computers, Copiers and Printers

(vi) The Period of Performance delivery date is one year after contract award, plus two option periods as stated in the Scope of Work.

(vii) The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this solicitation.

a. Delivery:

Delivery of all equipment and services will be F.O.B. Destination at the GDMW Headquarters site in Riyadh, Saudi Arabia. The point of contact (POC) will be COL Abdullah Al-Sobil, Head of the Computer Section. The exact address will be given to the successful Offeror.

b. Pre-Award Teleconference:

A pre-award teleconference will be scheduled for Thursday 12 October 2017 as well as Friday 13 October 2017 for interested Offerors. The intent of this teleconference is to assist Offerors in understanding the U.S. Government procurement process and to answer any questions submitted through ProjNet as instructed below. Any Offeror interested in attending a teleconference must contact the Contract Specialist as well as the Contracting Officer listed below via email to obtain the appropriate teleconference number and a specific time. Offeror’s interested in the teleconference must make contact with the aforementioned individuals by Wednesday 11 October 2017 not later than 1700 (5:00pm) U.S. EDT. The following information will be reviewed during the teleconference:

1.) System for Award Management Registration (SAM) 2.) Statement of Work 3.) Basis for Award 4.) Questions submitted via ProjNet

c. ProjNet Inquires:

Any questions concerns, verification or clarification of information of the documents included in the solicitation package shall be submitted be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows offerors to post questions regarding the solicitation and view all questions by other offerors and responses by USACE. Bidder Inquiry can be accessed through ProjNet® at https://www.projnet.org/projnet/. (Note: Question’s will only be accepted up until 11 October 2017 not later than 1700 (5:00pm) U.S. EDT to allow for answer to be available during teleconferences. All questions and answers will be made available to all Offerors through an Amendment).

The project and solicitation number is: GDMW IT, Saudi Arabia, W912ER-18-T-0001

The Bidder Inquiry Key is: WFREEH-55NSQ4

1. To access the ProjNet website for the first time:

a. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

b. Identify the Agency. This should be marked as USACE.

c. Key. Enter the Bidder Inquiry Key listed above.

d. Email. Enter the email address you would like to use for communication.

e. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

f. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

g. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

2. To access ProjNet for future ProjNet Bid Inquiry Access:

a. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

b. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

c. Identify the Agency. This should be marked as USACE.

d. Key. Enter the Bidder Inquiry Key listed above.

e. Email. Enter the email address you used to register previously in ProjNet.

f. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

g. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

3. The Bidder Inquiry System will be unavailable for new inquiries fifteen (15) days prior to the proposal due date in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

4. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. An offeror that submits a question will receive an acknowledgement via email, followed by an answer after it has been processed by our technical and contracting team.

5. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. ProjNet questions can also be emailed to the helpdesk at staff@projnet.info.

(vii) The provision at 52.212-2, Evaluation – Commercial Items, is applicable to this solicitation. This RFQ utilizes the lowest price technically acceptable (LPTA) source selection method: Award shall be made to the responsible Offeror whose proposal is determined to have the lowest reasonable price and meets the technical requirements in accordance with the statement of work. In evaluating quotes, the Government will consider the following evaluation factor: Experience, Key Personnel, Past Performance, and Price:

BASIS FOR AWARD

1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, Executive Orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

Additionally, the Contracting Officer shall make an affirmative determination of a proposal’s responsiveness. To be determined responsive, a proposal shall meet the requirements set forth in the solicitation. A proposal that is determined to be non-responsive will not be evaluated or considered for a contract award.

2. LPTA SOURCE SELECTION PROCESS

The Government shall evaluate all proposals that are complete and responsive to the solicitation. Evaluations for technical acceptability will be performed in accordance with FAR 15.101-2 Proposal Evaluation.

The Government cannot make the contract award to an Offeror that is determined to have a technical proposal that is unacceptable. An unacceptable rating will make the Offeror ineligible for the contract award, unless the Government elects to enter into discussions with Offeror’s and all reasons for an unacceptable rating are remedied in a revised proposal. It is the intent of the Government to award a contract without discussions, although the Government reserves the right to conduct discussions if it is determined to be in the Government’s best interest. Therefore, an Offeror that desires consideration for the contract award is advised to comply with all mandatory requirements of this solicitation for proposal submission of price and non-price proposals.

The Offeror that submits the lowest complete, balanced, and reasonably priced proposal that is also technically acceptable will be selected for the contract award. To be considered technically acceptable, an Offeror’s proposal shall be rated acceptable under all technical factors.

An acceptable rating will be assigned to a proposal that has satisfied all of the requirements of the technical evaluation factors set forth in the solicitation. An unacceptable rating will be assigned to a proposal that has not satisfied all of the requirements of the technical evaluation factors set forth in the solicitation.

3. BASIS OF AWARD

Basis for Award: The contract resulting from this solicitation will be awarded to the lowest price technically acceptable offer. The LPTA process is appropriate as best value is expected to result from selection of a technically acceptable proposal with the lowest evaluated price. Offerors shall be responsive and responsible in order to be considered for award. The Offeror submitting the lowest reasonable price that has an overall acceptable rating concerning non-pricing evaluation factors shall receive the contact award.

4. PROPOSAL FORMAT AND PROPOSAL SUBMISSION

1. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements.

a. The Proposal shall be typed, submitted in English and be in 12 font, double spaced.

b. Proposal shall be organized, concise, and submitted electronically in two volumes. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Each volume shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover.

d. Volume I: Offeror’s shall submit technical (non-price) proposal and verify that the information for all forms submitted is current, correct and complete including names of the points-of-contact, email address, and telephone number.

e. Volume II: The Price proposal shall be completed in full. Volume II shall include verification of all amendments received.

f. Offerors shall submit an electronic copy of each Volume to the Contract Specialist Ms. Andrea L. Weakley at Andrea.L.Weakley@usace.army.mil.

g. Proposals shall completely and adequately address the requirements of this solicitation. Offeror’s are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

h. Offerors are cautioned against submitting conditional proposals. All questions and concerns shall be addressed, in writing, to the Contracting Officer and Contracting Specialist prior to the closing date of the solicitation, providing adequate time for the Contracting Officer to answer the concerns.

i. Failing to submit attachments or failing to complete the proposal properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and coordinate with the Contracting Officer and Contracting Specialist if instructions are not understood.

The Request for Proposal (RFP) does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. All Offerors submitting a proposal for this solicitation shall be actively registered in the System for Award Management (SAM) at the time of proposal submittal. Due to the timing of this solicitation, and the need for immediate inspection actions, the Government does not have time to wait for Offeror’s to seek SAM registration after award notice. Consequently, this solicitation is more restrictive than the FAR and DFAR requirements that an Offeror simply be in the system for an award. Offerors that are not already actively registered, or are in the process of being registered in SAM, will be considered unacceptable and not available for an award. Offerors may register in SAM on the internet at: https://www.sam.gov. Even so, if the selected Offeror is not in SAM by the noted award date then they will be considered unacceptable and not available for an award. Registration in SAMS is an Offeror’s responsibility.

2. Joint Ventures

An Offeror that is a Joint Venture must submit a legally binding joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English. The Government will not evaluate the capabilities of any Offerors that are not included in the Joint Venture agreement.

If submitting a proposal as a Joint Venture, the experience and past performance information of each of the Joint Venture partners can be submitted for the Joint Venture entity.

3. Subcontractors

If an Offeror wishes to be credited with the experience of a subcontractor or supplier (i.e., a firm that is not the offeror or otherwise part of a Joint Venture) a letter of commitment signed by the subcontractor and the Offeror shall be submitted with the proposal. The commitment letter shall be submitted even if the firm is in some way related to a Joint Venture Partner (for example, the Subcontractor is subsidiary of a Joint Venture Partner, or a subsidiary of a firm to which the Joint Venture partner is also a subsidiary). If a letter of commitment is not submitted, the experience will not be considered. Make sure to include the letter of commitment as part of Volume II.

4. Proposal Package Volume 1 – Technical Proposal

Factor 1 – Experience Factor 2 – Key Personnel Factor 3 – Past Performance JV Letter of Commitment (If Applicable) Subcontractor Letter of Commitment (If Applicable) Volume 2 – Price and Contract Documentation

Factor 4 – Price Acknowledgement of all amendments Points-of-Contact with the authority to legally bind the Contractor DUNS Number, CAGE Code, and Tax Identification Number

4.1 Proposal Format for Volume I

When the word “Offeror” is encountered, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this solicitation. When the word “Government” is encountered, it is intended to mean U.S. Army Corps of Engineers.

4.1.1 FACTOR 1 – EXPERIENCE:

The Government will evaluate each Offeror’s experience related to the scope of work for this requirement. The Government will rate each Offeror as either “Acceptable” or “Unacceptable” based on their experience as defined by this factor.

a. An Offeror shall convincingly demonstrate having performed work similar to the Statement of Work requirements for systems in the Kingdom of Saudi Arabia within the past five (5) years that, in gross, must total at least $2,000,000.00 per project. However, for any given year the minimum total must be $1,000,000.00. Offerors shall provide proof of these dollar thresholds by providing either invoicing documents or copies of contract documents which clearly identify figures for work performed for each of the preceding three (3) years. For Joint Venture Offerors, this experience requirement may be satisfied by submitting conforming experience from any or all of the Joint Venture Partners in the Kingdom of Saudi Arabia.

b. An Offeror shall convincingly demonstrate experience by providing evidence of at least two (2) similar contract projects performed within the Kingdom of Saudi Arabia of at least the scope, dollar value, and complexity described in the preceding paragraph, and substantially completed within the last three (3) years as of the date of proposal submission.

c. Each project submitted for evaluation MUST include the following descriptive information:

· Project Title,

· Geographic Location in the Kingdom of Saudi Arabia,

· Date that the project was substantially completed,

· Final project U.S. dollar value,

· Detailed description of the project, and

· A description of the actual involvement in the performance of the presented project.

d. The Offeror MUST demonstrate that they have the necessary licenses, Registrations and documentations to prove that they have worked in Saudi Arabia and that they currently have a physical office and the ability to work in the Kingdome of Saudi Arabia. All licenses, Registrations and Documentations must be in English. If any of the licenses, Registrations and Documentations are in Arabic they must be translated into English and provided with the proposal.

Offerors are required to provide information that convincingly demonstrates that the experience presented meets the requirements of qualifying experience (see requirements above) to obtain an acceptable rating. Failure to submit all required information may result in an unacceptable rating and disqualification from an award.

Technical Evaluation: Offeror’s proposals shall be rated against the above criteria for Factor 1 Experience and shall be rated using the following rating and description:

4.1.2 FACTOR 2 – KEY PERSONNEL: The Government will evaluate the key personnel proposed by each Offeror and determine their technical capabilities as it relates to this requirement concerning the qualifications and experience of its team members, key on-site management and supervision personnel as identified below. The Government will rate each Offeror’s proposal as either “Acceptable” or “Unacceptable” in terms of the selected individual’s qualifications and experience as defined by this factor. (No more than 3 individuals for submission).

a. An Offeror must provide resume information concerning the qualifications and experience of its on-site management personnel as identified below.

b. On-site Manager – A minimum of three (3) years’ experience on projects within the Kingdom of Saudi Arabia.

c. All resumes must include the following information to the extent required by the solicitation and are Not to Exceed (NTE) three (3) pages in length for each resume. Information presented beyond the three-page limitation for each resume will not be considered in the Government’s evaluation process.

· Name of person.

· Proposed project assignment.

· Name of firm with which presently associated and or employed.

· Years of experience as it applies to the position that would be filled.

· Educational degree(s), year of graduation and institution.

· Active professional registration (if any), year first registered, if applicable.

· List of projects in which the individual has worked to include name of project(s), project location(s) in the Kingdom of Saudi Arabia, and work assignments performed.

d. The Offeror must demonstrate that they have proposed an organization plan that clearly defines lines of authority; responsibility; communication; integration of the team; and tracking of schedules.

Technical Evaluation: Offeror’s proposals shall be rated against the above criteria for Factor 2 Key Personnel and shall be rated using the following rating and description:

4.1.3 FACTOR 3 – PAST PERFORMANCE:

The Government will evaluate information about each Offeror’s past performance projects within the last three (3) years in the Kingdom of Saudi Arabia. Past performance will be evaluated based on the Offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitations requirements. The Government will perform a performance confidence assessment of the Offeror’s probability of successfully meeting the contract requirements, considering the degree of success of the Offeror's recent and relevant past performance.

Past performance pertains to how well an Offeror has performed past work in the Kingdom of Saudi Arabia and is an indicator of future performance. Past performance information is not the same as experience information. Experience pertains to what types of work an Offeror has performed. Past performance pertains to how well an Offeror performs project work. In the case of an Offeror not having a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably concerning its past performance. In situations of this kind, the Offeror shall be determined to have unknown or neutral past performance. In the context of this evaluation an unknown or neutral rating shall be considered “acceptable”.

The Government will evaluate the relevancy of an Offeror’s past performance as it pertains to projects that are similar to the solicitation requirements. For the purposes of this evaluation, past performance that is deemed to be “Acceptable” shall demonstrate a reasonable expectation that the Offeror will successfully perform the required effort. “Unacceptable” past performance shall be assigned to projects where the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

If an Offeror is a joint venture or partnership, information should be presented for each partner in the joint venture or partnership. Although the Government prefers all members of a joint venture or partnership to have satisfied the above-indicated areas pertaining to their past performance, the Government will consider the complementary aspects of the separate participants in a joint venture or partnership, by evaluating the joint venture or partnership as a whole.

Past Performance Evaluations: Offeror’s proposals will be rated against the above criteria for this Factor using the following rating and description:

The Government will perform a performance confidence assessment of the Offeror’s probability of successfully meeting the contract requirements, considering the degree of success of the team's recent and relevant past performance.

Recent past performance contains three years of IT equipment procurements and consultancy conducted in the past five (5) years.

Relevant past performance are projects that demonstrate experience working in the Kingdom of Saudi Arabia. From this assessment the Offeror’s proposal will be rated as either “Acceptable” or “Unacceptable” based on the criteria noted above.

The Government will assess the past performance on projects submitted and reserves the right to conduct telephone interviews with points of contact identified in the proposal, and/or to review other recent projects rated in CPARS or other agency performance databases, review and/or contact Offeror furnished references, or to review personal knowledge.

4.1.4 FACTOR 4 – PRICE:

Offeror’s shall provide a Firm-Fixed-Price (FFP) proposal. This price proposal shall include, but is not limited to: all oversight, inspections, reports, and travel costs as specified in the Performance Work Statement. The Government will evaluate price proposals to determine their completeness and reasonableness. The Government will perform its price evaluation by comparing an Offeror’s proposed prices against the Government’s estimate as well as against each of the other Offerors.

1. Completing the Price Proposal

Offerors shall submit a completed Price Proposal as part of the Factor 4 – Price for Volume II.

a. In order to be considered acceptable, proposals shall be balanced.

b. The price proposal shall be complete. The proposal shall have pricing for all line items contained within the solicitation.

c. The proposal is reasonable. (Reasonableness has to do with whether an Offeror’s proposed prices compare favorably against the Independent Government Estimate (IGE) as well as against the proposed prices submitted by other Offeror’s).

4.1.5 Proposal Format for Volume II

a. For Volume II the Offeror shall provide the Price Proposal and Contract Administrative requirements at the same time as the submission of the Technical Proposal (Volume I).

b. Offeror’s shall submit a completed Price Proposal, containing the Offeror’s proposed price.

c. The Offeror shall submit a SF 1449 duly executed with an original signature by an official authorized to bind the company.

d. Acknowledgement of all amendments to the solicitation is accordance with the instructions on the SF 1449.

e. The name, address, telephone and fax numbers, e-mail addresses of the Point(s) of Contact with the authority to legally bind the Offeror.

f. Name, Address, Phone Number, E-Mail, DUNS, CAGE, and TAX Identification Number of the Offeror submitting the proposal.

Evaluation Requirements:

The Government will evaluate all proposals for the purpose of determining the reasonableness and completeness of the prices offered. Price proposals will be analyzed for unbalanced pricing IAW FAR 15.404-1(g). Completeness includes review of the price proposals.

The Government will evaluate Offeror’s proposed price in order to identify risks to the Government based upon demonstration that:

a. The Offeror will successfully perform at the proposed price.

b. The prices are balanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of the price analysis techniques.

c. The price is complete. Completeness is the degree to which an Offeror has priced all aspects of the work to be performed as defined by the Government.

d. The proposal is reasonable. Reasonableness has to do with whether an Offeror’s proposed prices compare favorably against the Independent Government Estimate (IGE) as well as against the proposed prices submitted by other Offeror’s.

The Government will also determine the likelihood of an Offeror’s ability to successfully perform at the proposed prices. Risk is identified by the completeness and reasonableness of the Offeror’s price.

(ix) The provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, applies to this solicitation. The contractor must return a completed copy of this provision with its proposal or certify that it has current representations and certifications at the www.sam.gov website. 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.

(x) The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

(xi) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders applies to this acquisition. The following items under Clause 52.212-5 are considered checked and applicable to this acquisition:

· (1), 52.222-50 Combating Trafficking in Persons, Alternate I

· (2) 52.203-6 Restrictions on Subcontractor Sales to The Government.

· (3) 52.203-13, Contractor Code of Business Ethics and Conduct.

· (4) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

· (5) 52 204-10 Reporting Executive Compensation and First-Tier Subcontracting Awards

· (6) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

· (7) 52.209-9 Updates of publicly Available Information Regarding Responsibility Matters

· (8) 52.222-3, Convict Labor

· (9) 52.222-19 Child Labor Cooperation with Authorities and Remedies

· (10) 52.223-18 Contractor Policy to Ban Text Messaging While Driving

· (11) 52.225-5 Trade Agreements

· (12) 52.225-13 Restrictions on Certain Foreign Purchases

· (13) 52.223-15 Energy Efficiency in Energy-Consuming Products

· (14) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

· (14) 52.237-11 Accepting and Dispensing of $1 Coin

(xii) THE FOLLOWING FAR PROVISIONS/ CLAUSES APPLY TO THIS ACQUISITION INCORPORATED BY REFERENCE:

52.202-1 Definitions;

52.203-5 Covenant Against Contingent Fees;

52.203-7 Anti-Kickback Procedures;

52.209-5 Certification Regarding Responsibility Matters;

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations;

52.222-53 Exemption From Application of The Service Contract Labor Standards to Contracts For Certain Services—Requirements;

52.225-6 Trade Agreements Certificate;

52.227-14 Rights in Data—General;

52.227-19 Commercial Computer Software License;

52.232-1 Payments;

52.233-2 Service of Protest;

52.233-3 Protest After Award;

THE FOLLOWING FAR AND DFARS PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION INCORPORATED IN FULL TEXT:

52.212-1 Instructions to Offerors—Commercial Items

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

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

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

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

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

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

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time…