W912JA19Q6006.pdf

SEE ADDENDUM

(No Collect Calls)

W912JA19Q6006 29-Jan-2019

b. TELEPHONE NUMBER

334 394-7531

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 22 Feb 2019

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.

W912JA9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KATHRYN GRAHAM

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

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

NGAL-PFO-PC

187TH FIGHTER WING - MSG,

5187 SELMA HIGHWAY

MONTGOMERY AL 36108-4824

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 334-394-7529 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

721110

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)

PAGE 2 OF37

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.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Performance Work Statement

YR Post Deployment Event Location:

Montgomery, AL

Within 50 miles of the Montgomery, AL May 17th – May 19th 2019

General Information General: This is a Performance Work Statement to provide a Yellow Ribbon Post- Deployment Event on May 18th 2019 within 50 miles of Montgomery, AL.

Description of Services/Introduction: The Contractor shall provide all items necessary to provide accommodations for the Yellow Ribbon Event as defined in this Statement of Work, except for those items specified as government-furnished property and services.

The Contractor can either be a large vendor, usually a large hotel organization, or a small vendor, commonly a vetted “third-party contractor” organization, which works directly with the selected hotel’s sales management staff while continually coordinating with the Wing Yellow Ribbon Support Specialist and Contracting Officer as necessary.

Background: The mission of the Yellow Ribbon Reintegration Program is a proactive approach to ensure that Airmen, their families, and designated individuals are provided the optimum level of support before, during, and after deployment. This is a federally mandated program and requires that all National Guardsmen participate in the Yellow Ribbon Program.

Generally, these events are held as Pre-Deployment and Post-Deployment events.

Objectives: Provision for 250 attendees (including up to 50 children) with lodging and meeting space to accommodate all of the weekend’s events and activities. Meeting spaces, child care rooms, private counseling rooms, a registration desk, and a locked (private) office space near the meeting spaces will be required. The Exhibitors / Vendors meeting space must be able to accommodate for up to 30 community partners and resource/providers with tables and chairs (including table cloths at each table). All conference spaces must be available exclusively beginning at 2 p.m. on Friday, May 17th 2019 through to 6 p.m. on Saturday, May 18th, 2019. The locked office space must be available on Friday, May 17th 2019 by 12 p.m.

This ensures that there is a robust learning environment for the entire event in order to support Yellow Ribbon training and presentations, as well as to provide those government personnel and their families attending the event with quality accommodations and the identified support services and resources.

Lodging Requirements: Lodging requirements must be met at or below the government per diem rates and will be inclusive of any surcharges.

1. Approximately 50 rooms for attendees, staff and community partners will be needed on the evening of Friday, 17 MAY. Approximately 50 rooms for attendees, staff and community partners will be needed on the evening of Saturday, 18 MAY. All hotel rooms will be contracted for.

2. Check-in and Check-out: Check-in at the hotel is between 1500 hours and 2400 hours on Friday, 17 MAY, 2019. Check-out at the hotel is at 1200 on Saturday, 18 MAY, 2019. The government rate shall be available to attendees three (3) days prior to and three (3) days following the event, although attendees will be reimbursed only for the one (1) day of the Yellow Ribbon event.

3. The lodging location needs to have a family friendly environment that will allow family members who have traveled a long distance to relax / enjoy themselves before the event begins.

Specific requirements are as follows:

a. Complimentary self-parking for all attendees within walking distance to the hotel / registration area for the event

b. Hotel must have elevators

4. All rooms must have basic amenities: Iron; Ironing Board; Hair Dryer; Telephone; Television;

WiFi; Refrigerator (small)

5. Each room must be a double occupancy, individual / private sleeping room with a toilet and shower / tub facilities.

6. Guests will make reservations directly with the hotel reservation system, either by phone call or on-line link, under a group reservation code. Ex.YellowRibbon

7. The Contractor shall provide a list of amenities that the hotel offers to guests, including pool, spa, fitness center, etc. in addition to any areas of interest at the hotel or in a nearby local location for those attending the Yellow Ribbon Event.

8. The deadline for reserving rooms under the reservation code is 48 hours prior to the scheduled arrival date. Any rooms not reserved by this deadline will be released from the block and made available for sale to the general public.

9. Cancellation of a reservation must be made 24 hours prior to the scheduled arrival date.

The Contractor shall attempt to “sell” any rooms that are not properly canceled. If rooms reserved under the block cannot be “sold”, the Contractor may invoice the individual for those rooms.

10. All attendees requiring a room will provide the hotel with a government travel card upon checking in, although their rooms will be paid for under the master contracted account for the event. All incidental expenses such as room service, telephone calls, movie/game rentals, restaurant invoices, etc. are the responsibility of the individual attendee and shall be billed to the individual’s government travel card or other card provided. The government shall not be responsible for individual charges / incidentals.

Conference Spaces Requirements:

1. The location of the General Session and Information Fair (Resource Providers) room should be adjoining to facilitate uninterrupted transition between activities.

2. Registration Area: The Contractor shall provide one (1) registration desk/area that needs to accommodate up to 10 personnel. This area shall be Wi-Fi enabled for registration on Saturday morning. Two (2) cocktail rounds shall also be provided for kiosk stands during registration.

In addition, the contractor shall provide four (4) tables for additional services being provided at the time of general registration. Trashcans, chairs, rope stanchions, and water dispensers shall also be provided. The Yellow Ribbon Support Specialist will provide all other equipment and supplies for the registration area.

3. Office / Command Center (for Support Staff): At or near the registration desk/area shall be one (1) locked room set up conference style to be used as a command center for the duration of the event. This area must have multiple outlets and power strips/extension cords as needed so that power will be accessible at the conference table for laptops, printers, etc. This area must be Wi-Fi enabled for the entire duration of the event. Three (3) keys shall be provided to the Yellow Ribbon Support Specialist (Event Coordinator) on Friday January 11th, 2019 during the pre-conference meeting and walk-through. This area shall be secured, have no more than one

(1) entrance, and be used exclusively by the Yellow Ribbon support staff during the weekend.

This area will be used for registration, travel vouchers, and as a command center.

4. General Session: The Contractor shall provide one (1) Ballroom to accommodate up to 250 attendees from 0600 – 1800 (6pm) on Saturday, May 18th, 2019. The Ballroom shall be set with rounds / banquet style for 8-10 attendees per round table with tablecloths, boxes of tissues, pens, and writing pads on each table. Water pitchers and glasses shall also be on each table or in the room.

5. The Contractor shall provide up to four (4) conference rooms that can accommodate up to 50 people in a theater style for conference breakout sessions.

6. The Contractor shall provide two (2) private counseling rooms that are secluded from all other event rooms to accommodate up to five (5) people in a private setting. This room should be comfortable / cozy with a table and five (5) chairs and/or a couch and chairs.

7. The Contractor shall provide one (1) large room or area set up as an Information Fair for resource providers. This room will include water and coffee stations with condiments throughout the weekend, 30 six (6) foot tables including skirting and table cloths, two (2) chairs at each table, and one (1) small trash can at each table.

8. The Contractor shall provide up to three (3) Child Care rooms with the number of rooms or space size to be negotiated to accommodate a capacity of up to 20 children per room. A small refrigerator will be needed in this area. Tables and chairs will need to be provided in each room. Small cribs will also need to be provided in one (1) of the child care rooms.

9. Each meeting space shall have the ability for the Alabama Air National Guard to plug into House Sound.

10. The Alabama Air National Guard will provide the approximate number of children attending the Yellow Ribbon Event to the Contractor no later than seven (7) days prior to the event.

11. The Contractor shall provide the required cancellation date to the government before penalties apply.

Child Care Space Requirements:

1. Must be located within proximity of restroom for childcare supervision / escort

2. 2-3 six (6) foot tables in each room with table cloths

3. 2-3 round tables with chairs in each room

4. 8-10 cribs for the infant room

5. 1 TV with DVD player will be provided per Child Care space

Audio/Visual Requirements:

1. Podiums: One (1) podium for General Session / Ballroom; up to four (4) podiums for conference rooms (breakout sessions)

2. One (1) Stage – 8 ft. x 12 ft. in General Session / Ballroom; must have access on and off the stage on two (2) sides

3. Individual House Sound in each meeting room space (Ballroom / conference breakout rooms) for presentations

4. The Contractor will provide audio/visual equipment and accessories for the Ballroom (General Session), up to four (4) conference rooms (Breakout Sessions)

a. Two (2) Large Projection Screens for Ballroom

b. Small Projection Screens for up to four (4) conference rooms

c. Microphone (attached to each podium)

d. Projection System for the Ballroom and up to (4) conference rooms

e. WiFi enabled

f. House Sound

g. Capable of playing / streaming video presentations

h. Laptop computers, mouses, slide pointers / clickers, power strips, and extension cords in the Ballroom, four (4) conference rooms

i. 1 TV with an attached DVD must be provided per child care room, 3 rooms total

5. The Alabama Air National Guard may use some of its own audio/visual equipment and have the ability to patch into the House Sound system and existing electrical outlets with no hotel or usage patch fees.

Breakfast and Lunch Requirements:

1. Breakfast and Luncheon on Saturday, May 18th 2019.

2. Meals must be within the Local Government Per Diem Rate. $13 per person for breakfast and $14 per person for lunch.

3. Meals can be served in the Main Ballroom or a separate dining area at the venue’s discretion.

4. The Contractor will serve two (2) meals – Saturday breakfast and luncheon buffet style – to accommodate approximately 250 people for each meal.

5. Breakfast Buffet (Adults & Children)) on Saturday, 18 MAY 2019 will include the following:

a. Choice of assorted juices

b. Scrambled Eggs (cheddar cheese on the side)

c. Choice of two (2) breakfast meats (bacon and sausage)

d. Breakfast potatoes

e. Choice of assorted fresh fruit, pastries, bagels, muffins, cereals, and yogurts

f. Coffee with 2% milk and half & half

g. Water pitchers w/ ice on each table or in the main room

6. Luncheon Buffet (Adults Only) on Saturday, 18 MAY 2019 will include the following:

a. Choice of two meat options

b. Choice of two vegetables

c. Garden salad with at least two (2) choices of salad dressing

d. (1) Starch

e. Choice of at least two (2) desserts

f. Choice of rolls (with spreadable butter)

g. Choice of beverages shall be provided. Beverage portions shall be at least 10 oz. Beverages shall be offered in the following varieties – hot and iced tea, lemonade, water, and coffee with 2% milk and half & half. Sugar, sugar substitute, honey, and other assorted condiments are expected to be served as well.

7. Children’s Lunch on Saturday, 18 MAY 2019.

a. The Contractor will provide up to 50 children’s/youth lunches to include: finger sandwiches;

chicken nuggets; pizza; deli meats; one (1) starch, assorted cheeses; vegetables; fruits (assorted); cookies (no nuts); 2% milk; and two (2) juice choices. Water should be available throughout the day in the childcare rooms.

b. Children’s lunch head count will be provided seven (7) days prior to the event.

c. Children and youth lunches will be served near the adult buffet. Children will join their parents in the main ballroom.

W912JA19Q6006

8. Refreshments:

a. The Contractor shall provide ice water and coffee throughout the day on Saturday.

b. The Contractor shall provide a Morning Breakout (Saturday) of refreshments which shall include – selection of hot teas, bottled water, pastries/muffins, and fruit.

c. The Contractor shall provide an Afternoon Breakout (Saturday) of refreshments which shall include – bottled water, sodas, assorted cookies, assorted chips, popcorn, etc.

d. The Contractor shall provide a Children’s Snack (Saturday morning / afternoon) which shall include – beverage of both bottled water and juice, crackers, and assorted fruit and vegetables.

e. The Contractor shall provide complimentary assorted cookies, chips, coffee, and water in the

Staff Office / Command Center from Friday afternoon through the completion of the event on Saturday afternoon.

Additional Requirements:

1. The Support Staff Office / Command Center will be available for the arrival of staff on Friday, 17 MAY at 12 p.m. prior to the Pre-Event Meeting (between the hotel management / event support staff) and the Walk-Through of all event spaces. This space will have a house phone, external line connectivity, and high speed internet connections. The space will also be a secure storage space with three (3) keys provided to the Yellow Ribbon Support Specialist / Event Coordinator on Friday, 17 MAY by 12 p.m.

2. The Conference spaces shall be set up at least 10 hours prior to the beginning of the event at 6:30 a.m. on Saturday morning. The Alabama Air National Guard Yellow Ribbon Support Specialist / other Support Staff will walk through and assess the set-up of the conference spaces with the convention / hotel staff to allow for any changes as needed.

3. The Daily Parking fee will be waived for attendees, vendors / resource providers, and staff.

4. All tables, including registration and exhibitor/vendor tables, shall be included.

5. Security: The Contractor shall provide hotel security to facilitate a safe, secure environment for the entire event, from the start of the event until all Attendees, Support Staff, and Exhibitors / Vendors have departed the venue premises. The venue must have single-point access to the property and parking (i.e. security gate hours or room key access card) and the Ballroom and other event-related conference rooms must be internal to the property with no direct access for the public from the outside.

a. At least one week prior to the event, the Yellow Ribbon Support Specialist and Security Forces Squadron Anti-Terrorism/Force Protection and Force Support Squadron leadership personnel will coordinate closely to ensure that a comprehensive vulnerability assessment is conducted in accordance with DoDI O-2000.16 Vol. 1, AFI 10-245 Supplement and is reported to senior Wing, Security Forces Squadron (SFS), and Force Support Squadron (FSS) leadership personnel.

b. At its discretion, the Alabama Air National Guard may hire two (2) additional off-duty armed police officers to augment the security coverage and protection throughout the course of the event, further ensuring the safety and security of all event participants.

c. The Alabama Air National Guard will develop requirements to ensure that Yellow Ribbon contracts incorporate AT training requirements. At a minimum, all event registrants must have completed AT Level I Training in order to attend the event and gain access to the selected hotel venue.

d. The Alabama Air National Guard will ensure that all Yellow Ribbon contracts comply with the AT provisions of the Defense Federal Acquisition Regulation Supplement.

Other:

The contractor agrees to allow the government to provide childcare services for the military families by separate contract in the child care areas.

Contractor Manpower Reporting (CMR):

"The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Yellow Ribbon event via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1st through September 30th. While inputs may be reported any time during the FY, all data shall be reported no later than October 31st of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:

http://www.ecmra.mil.”

Unit Identification Code (UIC) for the Requiring Activity:

Issuing Office DoDAAC: W912JA

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Nights Lodging

FFP

Please see PWS for requirements FOB: Destination

SIGNAL CODE: A

PSC CD: V231

NET AMT

0002 1 Each Meals and Beverages

FFP

Please see PWS for requirements FOB: Destination

0003 1 Each Audio Visual Support

FFP

Please see PWS for requirements.

FOB: Destination

0004 1 Each Breakout and Other Related Rooms

FFP

Please see PWS for requirements FOB: Destination

0005 1 Each Contract Manpower Reporting

FFP

Contractor Manpower Reporting (CMR):

"The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Yellow Ribbon event via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1st through September 30th. While inputs may be reported any time during the FY, all data shall be reported no later than October 31st of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:

http://www.ecmra.mil.”

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-MAY-2019 TO

19-MAY-2019

N/A N/A

FOB: Destination

0002 POP 17-MAY-2019 TO

19-MAY-2019

0003 POP 17-MAY-2019 TO

0004 POP 17-MAY-2019 TO

0005 POP 17-MAY-2019 TO

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

OCT 2018

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(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 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/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(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.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less 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 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 items, the make and model of the item 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)

52.212-3 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.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(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 ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(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 ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(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 ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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.