W912ES23Q0055 DREDGE GOETZ SUBSISTENCE.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES23Q0055 14-Apr-2023

b. TELEPHONE NUMBER

651-290-5291

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 24 Apr 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KENNETH J ESHOM

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6731024972

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 965605 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

DREDGE - GOETZ

BRIAN KRAUSE

DREDGE GOETZ 431 NORTH SHORE DRIVE

FOUNTAIN CITY WI 54629

TEL: 507-450-9694 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

311991

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES23Q0055

Section SF 1449 - CONTINUATION SHEET

STAEMENT OF WORK

PERISHABLE SUBISTENCE SPECIFICATIONS

Subsistence for Dredge Goetz Crew

General The Dredge Goetz requires PERISHABLE grocery deliveries during the 2023 dredging season (April/May through December 2023). This fixed price contract is for furnishing and delivering perishable subsistence and related supplies for the Dredge Goetz vessel to one of the listed delivery sites.

Perishable subsistence (groceries) will be ordered throughout the dredging season. Perishable items (fresh produce, vegetables, bread, dairy, and deli meats) are typically ordered on a weekly basis throughout the dredging season.

The delivery days and sites are coordinated with the Dredge Goetz and may occur Monday through Friday from 8:00 AM to 5:00 PM. The Dredge Goetz travels the Upper Mississippi River, from Minneapolis, MN to Memphis, TN.

The Dredge Goetz crew will assist with offloading of groceries from the Contractor’s truck.

We anticipate weekly orders for perishable items. The total items ordered, and the delivery charges cannot exceed the not to exceed (NTE) value of the contract. All prices shall be rounded up to the nearest cent.

Item prices of future deliveries must be adjusted according to market conditions, seasonality, the Chicago Mercantile Exchange, and/or discounts, rebates and allowances given to the Contractor by a manufacturer, grower or private label holder. Therefore, item prices submitted on invoices should be priced accordingly.

Prices charged are subject to audit and verification. Complete Commercial Sales Pricing Form, Attachment 3, and submit it with your quote.

We anticipate the first order to be delivered on or about May 3, 2023, to the Fountain City Lower Boat Landing site.

Requirements Furnish perishable subsistence for the US Dredge Goetz in accordance with the following specifications:

1. Contractor shall deliver restaurant quality perishable items in retail/commercial/consumer sizes. Packaging, units, and sizes listed are those that the Government requires due to crew size and limited storage capacity. Special emphasis is placed on the fact that the Government may order split cases and order small quantities.

The Government does not propose any minimum orders for individual items. If an offer proposes to establish minimum orders on any items, i.e. 10 pounds, 3 bags or only full cases, this stipulation must be made in the offeror’s proposal for the Government to consider during proposal evaluation. The Government does not guarantee that a specific amount of each item will be ordered or that all items will be ordered. Items listed in each category do not guarantee purchase and delivery.

2. ITEMS to be supplied and specifications for delivery:

a . Meat/Deli Products: Packages must be marked with the type of cut, portion size

(when applicable), total weight, and date of packaging (freshness dating). All meat shall be fresh chilled, not frozen, unless otherwise specified in Schedule of Items (Listing of Contract Items).

b. Dairy Products: Milks, yogurts, cheeses, butters, eggs, and creams. All items will be in consumer-standard packaging except as specified on Schedule of Items (Listing of Contract Items). Maximum freshness life will be provided, and freshness dating required. All fluid milk, eggs, and creams must have an expiration date of at least a minimum of seven (7) days postdate of delivery. All non-fluid milk and other dairy products must have an expiration date of at least a minimum of fourteen (14) days postdate of delivery.

c. Fresh Fruit: Restaurant quality - All varieties and seasonal types. Fruit will be packaged in industry-standard containers to maximize freshness longevity, and provided as fresh as possible, with no major bruising, wilting, excessive ripeness, or decay upon delivery inspection.

d. Fresh Produce and Vegetables: Restaurant quality lettuce, cabbage, onions, potatoes, garlic, celery, carrots, etc. Packaging and presentation same as Fresh Fruit, Iceberg Lettuce heads shall be individually wrapped. Leaf lettuce shall be appropriately bound and marked as to type.

e. Breads: Breads, rolls, etc. These items to be packaged in a manner that protects against crushing or damage (i.e., bread/buns delivery trays), maximum of 3 days old (i.e., direct from bakery or same-day delivery to supplier), with freshness dating on each package; must have an expiration date of at least a minimum of seven (7) days postdate of delivery.

f. Ice Cream: Bulk Ice Cream containers, ice milks, ice cream bars, Popsicles, ice cream mixes, ice cream snacks. All ice cream shall be delivered hard-frozen, having never thawed prior to delivery. BOX EXTERIORS SHALL BE CLEARLY MARKED “ICE CREAM—KEEP FROZEN” for rapid identification and priority handling upon delivery.

3. SUBSTITUTIONS: By mutual written agreement between the Contracting Officer and

Contractor, items ordered may be substituted for a similar item or brand when circumstances make it difficult to fill a particular line item ordered within the following guidelines. If the specific brand requested is related to a dietary issue, the contractor shall not substitute that item with another brand without prior approval.

a . Contractor winning award will be expected and required to deliver exact Brands

(for dietary restrictions) and Sizes or Units contained in the contract resulting from their proposal over the life of the Contract unless, a modification is agreed to by the Contracting Officer and the Contractor. Non-delivery of items or unauthorized substitutions can result in termination of the contract for cause in accordance with the contract’s Commercial Items Clause FAR 52.212-4.

b. No substitutions will be authorized that change the unit or size of the ordered item to a smaller size unless the proposed substitute provides the same total units at the same price and prior approval is obtained from the Contracting Officer. Example: a proposed substitution of two 6-ounce containers in lieu of one 12- ounce container.

Any proposed substitution must be approved by the Government prior to delivery. Offeror should review FAR Clause 52.211-17 “Delivery of Excess Quantities”

c. No substitutions for a larger unit/size will be approved unless the price is the same as the smaller unit/size. Example: a proposed substitution for a 12-ounce package may be approved if the price is the same as the 10-ounce package in the Attachment 1 (Schedule of Items). This is required as with short lead times, there is insufficient time to conduct required market research and modify the contract prior to an individual delivery. Any proposed substitution must be approved by the Government prior to delivery. Offeror should review FAR Clause 52.211-17 “Delivery of Excess Quantities”.

d. No items can be ordered that are not listed in Attachment 1 (Schedule of Items). Any items outside the contract list in Attachment 1 must be purchased through other means unless Attachment 1 (Schedule of Items) is modified by mutual agreement.

4. ORDERING: One Purchase Order will be issued via Standard Form 1449 and signed by the Contracting Officer at award. Additional purchases will be made by authorized Ordering Officers. Total Purchase Orders cannot exceed the contract value (NTE).

Ordering officers (who will be designated at contract award) are authorized to make individual orders/shipments against the purchase order up to the NTE contract value. Time and place of delivery will be specified when order is placed and must be confirmed 24 hours prior to delivery. Notice of the next order will normally be made via email to the vendor’s 24-hour email address showing the items and quantity needed on an attached excel copy of the contract’s Attachment 1 (Schedule of Items). The backup ordering procedure will be via FAX or phone. The vendor/contractor must provide a 24-hour email address and backup phone and FAX number prior to contract award (alternative communication means may be considered if presented). All efforts will be made to provide an advance notice of at least six (6) calendar days for each order; however, the ship’s operations and schedule uncertainties may sometimes shorten this lead-time.

Cancellation or location change for delivery may be up to 24 hours prior to delivery due to a sudden change in ship’s status. While infrequent, the vendor should anticipate this factor, and no pena l t y costs for restocking or altered delivery shall be placed upon the Government. The Government may occasionally require deliveries on the day following a holiday. Offerors are required to address their inability to make weekend and the day after holiday deliveries with their quote. Offerors should also address any additional charges for this service along with any required prior notification.

Contract Administration: Only orders received by the Contracting Officer or designated ordering officers shall be accepted and filled by vendor.

The Authorized Ordering Officers for perishable subsistence orders are:

To be assigned at contract award.

Ordering Officers can only place orders up to the Contract’s Not to Exceed (NTE) value established at award.

a . Ordering Data Base: Successful offeror upon notification of pending contract award will be required to provide a database of contracted items on a Microsoft Excel spreadsheet in the format provided by the Government if not submitted with the solicitation. This database will be verified by the Government and become the basis for the resulting contract’s attachments and the ship’s ordering procedure.

b. Ordering Process: Time and place of delivery will be specified when order is placed and re-confirmed 24 hours prior to delivery. Orders shall be made by forwarding a completed excel copy of Attachment 1 or revised copy with the ordered items and quantity from the contract. Only orders placed by designated ordering officer shall be delivered.

c. All efforts will be made to provide the order with a lead-time of at least six (6) calendar days; however, ship’s operations and schedule uncertainties may sometimes shorten this lead-time.

d. Receipt of goods/acceptance: A Government representative must sign acceptance on the vendor’s shipping document/packing list. Products may be inspected in the truck prior to offloading or after moved onboard the vessel to assure they conform to standards of the contract. If discrepancies are found, specific items will not be accepted for delivery and must be returned to the contractor at no cost to the Government. The cost of any refused items shall not be invoiced.

5. DELIVERY Method and Locations: Vendor must have the means to deliver subsistence in a proper state (chilled and/or frozen if needed) and be able to withstand waiting periods for offloading shipside up to four (4) hours (this would not be a routine situation). Truck or delivery vehicle should be able to be unloaded without forklift assistance and should have communications ability in the event of a sudden change of delivery location or time.

Pallets are required to be wrapped in plastic wrap to ensure items are secure. At a minimum, vendor will be required to deliver orders to any of the delivery sites listed in the contract (Attachment 2). Proposals must include a delivery price for each delivery location listed in Attachment 1, tab 2, unless the proposal clearly states item price includes delivery.

Contractor shall call the Dredge Goetz crew to schedule and confirm delivery site 24 hours prior to delivery. Contractor will be notified if the delivery site has restricted access (i.e.

government facilities).

Cancellation or location change for delivery may be made during the last 24 hours prior to delivery, due to a sudden change in ship’s status. While infrequent, the vendor should anticipate this factor, and no pena l t y costs for restocking or altered delivery shall be placed upon the Government.

Delivery Times The following delivery times are established for contactors:

MONDAY – FRIDAY: 07:00 A.M. TO 5:00 P.M.

No deliveries will be accepted on Federal holidays.

Delivery site must be confirmed 1 day/24 hours prior to each delivery at 651-290-5980, 651-249-4973, 651-290-5982, 651-249-4980, 651-290-5983, and/or 651-955-2046 All vendors shall have a delivery/shipping/package list with each order.

Delivery Locations: See Attachment 2 for Delivery Locations and estimated number of deliveries to the listed site. Complete Tab 2, labeled Delivery, on Attachment 1, Schedule of Items, if there is an additional delivery charge for the listed sites.

6. PRICING: Item prices of future deliveries must be adjusted according to market conditions, seasonality, the Chicago Mercantile Exchange, and/or discounts, rebates and allowances given to the Contractor by a manufacturer, grower or private label holder.

Therefore, item prices submitted on invoices should be priced accordingly. Prices charged are subject to audit and verification. Please complete the solicitation’s enclosed Attachment 3, Commercial Sales Pricing Form, and submit it with your quote.

7. DISCOUNTS: Product allowances shall be passed on to the Government. All discounts, coupons, rebates and allowances on particular items which are reflected in the amounts shown on the face of the manufacturer’s, grower’s or private label holder’s invoice or otherwise given to the Contractor by a manufacturer, distributor, warehouse, grower or private label holder, shall be passed by the Contractor to the Government in form of an up-front price reduction. Any rebates that are passed to the Government and which cannot be applied as an up-front price reduction must be submitted via check made to the U.S.

Treasury, attached with itemized listing of all customer purchases by line item to include contract number, and contract line item number (CLIN). The contractor shall employ prevailing commercial methods in the pursuit of discounts, rebates, allowances or other similar economic incentives or benefits, for the Government supported under this contract, throughout the period of performance.

8. INVOICING: All Invoices shall be sent via email to the Technical Point of Contact(s), Nicholas Lorenz and Adam Loven, as soon as possible after each delivery. Invoices with errors or that are not acceptable per FAR Clause 52.212-4 will be immediately returned and a new invoice with a new date must be submitted for payment.

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

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

Invoices submitted that do not comply with the requirements of FAR 32.905(b) will be returned to the Contractor within 3-5 days per FAR 52.232-25(a)(3). Failure to submit a proper invoice may cause a delay in payment to the contractor. If any items delivered are not in accordance with the contract or purchase order, notify the contracting officer in writing.

SUBMIT INVOICES TO:

Technical Point of Contact(s):

Adam Loven Plant and Facility Manager Phone: Office 651-290-5141 Email: Adam.F.Loven@usace.army.mil Physical Support Branch 431 North Shore Drive Fountain City, WI 54629

Payments will be made by:

USACE Finance Center 5722 Integrity Drive

BLDG S-787

Millington, TN 38054-5005

9. CONTRACT PERIOD: The contract period of performance is UPON CONTRACT AWARD through December 31, 2023.

10. Only a warranted Contracting Officer acting within their delegated limits, has the authority to issue purchase orders, 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.

11. List of Attachments - Attachment 1 – Schedule of Items with 3 tabs

Attachment 2 – Delivery Locations Attachment 3 – Commercial Sales Pricing Form.

(End of Specifications)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job 2023 Dredge Goetz Perishable Subsistence

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6731024972

PSC CD: 8945

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2 Each 2023 Deliveries

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6731024972

PSC CD: 8945

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-APR-2023 TO

31-DEC-2023

N/A DREDGE - GOETZ

BRIAN KRAUSE

DREDGE GOETZ 431 NORTH SHORE

DRIVE

FOUNTAIN CITY WI 54629

507-450-9694 FOB: Destination

965605

0002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

DEC 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 Federal Acquisition Regulation (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 FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation.

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

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

Additional copies will be issued for a fee.

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

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(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).

http://www.sam.gov/ http://www.sam.gov/

(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)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

(vi) Terms of any discount for prompt payment offered;

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The…