W912JV-19-R-5009_Solicitation.pdf

Action Code: Combined Synopsis/Solicitation Notice

Class Code: S

Subject: Alert Scramble Notification System Upgrade

Solicitation Number: W912JV-19-R-5009

Posted Date: July 26, 2019

Set-Aside: 100% Small Business Set Aside

Response Date: Aug 21, 2019 @ 10:00 am Pacific

Contracting Office Address: 142 MSG/MSC Contracting Office 6801 NE Cornfoot Rd Portland, Oregon 97218

Place of Performance: Portland Air National Guard Base 6801 NE Cornfoot Rd Portland, Oregon 97218

Details: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation is No. W912JV-19-R-5009, and is issued as a Request for Proposal (RFP).

Proposals are due by August 21, 2019 @ 10:00 am Pacific.

This solicitation is 100% set-aside for small businesses.

The North American Industry Classification System (NAICS) code for this acquisition is 238210.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02.

This is a requirement to purchase and install upgraded components for the Alert Scramble Notification System.

The anticipated award date is prior to 30 August 2019.

SEE STATEMENT OF OBJECTIVES (SOO) FOR REQUIREMENTS. OFFERORS ARE HIGHLY

ENCOURAGED TO READ THE SOO IN ITS ENTIRETY PRIOR TO SUBMITTING A PROPOSAL.

Ensure your proposal is detailed enough to determine that it meets that terms and conditions of the requirement.

Site Visit Date: Monday, 12 August 2019, 10:00 AM PST Please review Attachment 3 for base access Location: 6801 NE Cornfoot Rd. Portland, Oregon 97218

If you have any questions or concerns regarding this Request for Proposal (RFP), please contact Andrea Smothers at andrea.k.smothers.mil@mail.mil

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.

ADDENDUM TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS

I. PROPOSAL PREPARATION INSTRUCTIONS - Addendums made to FAR 52.212-1:

A. FAR 52.212-1, paragraph (b), is changed to read:

(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, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) Company Name, address, telephone number, website and email;

(3) POC name, address, telephone number and email;

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

(5) A listing of the major components of the system being proposed to include, make or manufacturer, specifications, dimensions, functionality or other information to allow for a technical evaluation;

(6) Terms of any express warranty to include completion of the following statement: The Contractor’s warranties shall apply only to those defects discovered by either the Government or the Contractor within _____ [## (number of) days, months or years] after acceptance by the Government.

(7) Price;

(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, 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) 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. B. FAR 52.212-1, paragraph (c), is changed to read:

B. The purpose of these instructions is to prescribe the format of the offer in response to this RFP and describe the approach for the development and presentation of the proposal. This is designed to ensure the essential information required for evaluation is submitted.

D. To assure the timely and equitable evaluation of proposals, offerors shall follow the instructions contained herein. Offerors are required to meet and address all of the requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being deemed ineligible for award. Offerors must clearly identify any exception to the terms and conditions and provide complete accompanying rationale. The offers when submitted, shall be comprehensive, complete, self-sufficient, and respond directly to the requirements of the RFP.

II. SPECIFIC INSTRUCTIONS:

A. The RFP responses shall consist of:

1) Price

2) Technical Proposal

3) List of the Major Components

4) Past Performance References

B. Failure to comply with these instructions may result in the offeror’s proposal being summarily rejected. Any commitments made in the proposal shall become part of the resultant contract.

C. Any proposal preparation costs will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation costs.

III. VOLUME I: PRICE

A. Complete the CLIN Description Table or any equivalent and sign the price proposal. In doing so, the Offeror accedes to the contract terms and conditions as written in the RFP.

B. Acknowledge and sign all amendments.

CLIN DESCRIPTION QTY UNIT PRICE

0001 Scramble Alert System Design 1 JOB

Scramble Alert System Electrical Work 1 JOB

Scramble Alert System Components and Installation 1 JOB

0004 CMRA 1 JOB

TOTAL

IV. VOLUME II: TECHNICAL PROPOSAL

Each offeror shall submit a technical volume as part of their proposal, which shall address the technical criteria listed below. The contractor’s proposal shall clearly demonstrate the ability to meet all requirements of the Statement of Objectives (SOO). Each offeror shall submit information clearly identifying how they will meet the following technical criteria.

A. Quality Control Plan: The offeror shall submit a quality control plan that addresses all requirements of the SOO, Performance Requirements Summary (Technical Exhibit 1), and Deliverables (Technical Exhibit 2). The plan must also address methods to be used for identifying, preventing, and correcting issues.

V. VOLUME III: PAST PERFORMANCE

Each offeror shall submit any relevant past performance volume as part of their proposal which lists a maximum of four (4) past performance references being the four (4) most recent and relevant past performance records. The offeror shall present factual material dealing with contracts held with other Government agencies or with private sector businesses on which the same or similar services were provided as the offeror will provide. These references shall include the following information on contractor provided document:

1) Contract Number

2) Contract Title

3) Description of Services Provided

4) Period of Performance

5) Place of Performance

6) Total Contract Dollar Value

7) Point of Contact Information (Name/Phone Number/Email) for the requiring activity of the referenced contract(s).

The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition.

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMERICAL ITEMS

(a) This competitive Request for Proposal (RFP) will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Items, FAR Part 13 - Simplified Acquisition Procedures, FAR Part 15 - Contracting by Negotiation, and FAR Part 15.101-1 - Tradeoff Process.

In accordance with FAR 15.101-1 it is in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. The evaluation factors other than cost or price are approximately equal to cost or price. This evaluation will permit tradeoffs among cost or price and non-cost factors and allow the Government to accept other than the lowest priced proposal. The award will be made based on the best overall (i.e. best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to four (4) evaluation factors: Price, Components, Combined Technical and Risk, and Past Performance.

Evaluations will be conducted as follows:

Price: The proposed price analysis shall include a determination of whether the price is fair and reasonable.

The Contracting Officer has determined there is a probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists, no additional cost/price information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of price. The Government intends to evaluate proposals and make award without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price, technical, and performance, standpoint.

Components: Required major components will be evaluated by comparing capability, features and warranty.

The following ratings and related definitions will be used for the assessment.

Table A‐1 Component Rating

Rating Description

Outstanding Components listed are exceptional in capability, features and warranties.

Good Components listed indicate a thorough understanding of the requirements and contain at least one strength in capability, features or warranty.

Acceptable Components are adequate to meet the requirements.

Marginal Components do not demonstrate an adequate ability to meet the requirements.

Unacceptable Components do not meet requirements of the solicitation and, thus, contain one or more deficiencies and are unacceptable.

Combined Technical/ Risk Rating: The offeror’s proposal will be evaluated considering risk in conjunction with the technical quality of the proposal for meeting the Government’s requirement. The Government will evaluate the contractor’s proposal and how they address all requirements of the Statement of Objectives (SOO) and Performance Requirements Summary. The following ratings and related definitions will be used.

Table A‐2 Combined Technical/Risk Rating

Outstanding

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good

Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable

Proposal indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements and/or risk of unsuccessful performance is high.

Unacceptable

Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

Past Performance Evaluation: The Government will evaluate the quality, timeliness, safety, and management of the offeror's past performance considering currency, relevancy, sources, context, and trends on recent (within the last 3 years) projects performed under Federal contracts or other open market projects performed. Also, evaluations available through the Past Performance Information Retrieval (PPIRS) may be used. Past Performance will be rated on a Confidence rating scale described in Table A-3.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “Neutral.”

In assessing “relevancy” of an offeror’s previous contracts the Government may evaluate an offeror’s past performance for similarity of the construction methods, size, project scope, cost magnitude and complexity of work performed to those required for the proposed effort. Relevancy weight will affect offeror’s overall Past Performance Confidence rating. The more relevant the project is weighted the greater confidence there will be in the past performance assessment as a predictor of future performance.

Table A‐3 Past Performance Ratings

Substantial Confidence

Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorable or unfavorably on the factor of past performance.

Limited Confidence

Based on the offeror's recent/relevant performance record, the Government has low expectation that the offeror will successfully perform the required effort.

No Confidence

Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

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

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (DEVIATION), applies to this acquisition.

The clause at 52.246-4, Inspection of Services -- Fixed-Price (Aug. 1996), applies to this acquisition.

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

The clause at 52.246-19, 52.246-19 -- Warranty of Systems and Equipment under Performance Specifications or Design Criteria (May 2001) , applies to this acquisition.

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

“Defect” means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under this contract.

Except when this contract includes the clause entitled Warranty of Data, supplies also means “data.”

(b) Contractor’s obligations.

(1) The Contractor’s warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor __________ [To Be Determined From Contractor’s Proposal].

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall --

(i) Promptly correct the defect; or

(ii) Promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 30 days after discovery of the defect. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within seven (7) days a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within 7 days to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor’s plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation under this contract.

(c) Remedies available to the Government.

(1) The rights and remedies of the Government provided in this clause --

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within seven (7) days after receipt of the Contractor’s recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at Portland Air National Guard Base.

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor’s obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)

(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to --

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer’s written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise --

(i) Obtain detailed recommendations for corrective action and either --

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

(End of Clause)

SAM vendor registration is required. Please visit www.sam.gov. Step-by-step information on how to register is detailed on the website. Lack of registration in the SAM database will make an offeror ineligible for award.

Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors’ proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors’ proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil.

Clauses may be accessed electronically in full text through http://farsite.hill.af.mil.

PRICES MUST BE VALID FOR 30 DAYS.

Please send Proposals to Andrea Smothers at andrea.k.smothers.mil@mail.mil

Provisions and Clauses

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements--Representation 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership of Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-22 Alternative Line Item Proposal 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-6 (DEV) Notice Of Total Small Business Set-Aside 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-21 Prohibition Of Segregated Facilities 52.222-22 Previous Contracts and Compliance Reports 52.222-26 Equal Opportunity 52.222-36 Affirmative Action For Workers With Disabilities 52.222-50 Combat Trafficking in Persons 52.222-54 Employment Eligibility Verification 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-5 Pollution Prevention and Right to Know Information 52.223-18 Contractor Policy to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer--System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment and Vegetation 52.239-1 Privacy or Security Safeguards 52.243-1 Alt I Changes--Fixed Price 252.203-7000 Requirements relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7011 Alternative Line Item Structure 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Disclosure of Information to Litigation Support Contractors 252.225-7031 Secondary Arab Boycott of Israel 252.225-7048 Export Controlled Items 252.232-7003 Electronic Submission of Payment Requests 252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

(End of clause)

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 is 541412.

(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, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) Company Name, address, telephone number, website and email;

(3) POC name, address, telephone number and email;

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

(5) A listing of the major components of the system being proposed to include, make or manufacturer, specifications, dimensions, functionality or other information to allow for a technical evaluation;

(6) Terms of any express warranty;

(7) Price;

(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, 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) 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 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) 697/2197, 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.

Class Deviation 2018-O0018—Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority. Effective August 31, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded

(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) * * *

(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 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 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)

52.212-2 EVALUATION – COMERCIAL ITEMS (Oct 2014)

(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:

(i) Technical quality of the proposal for meeting the Government’s requirement to include risk consideration;

(ii) Technical capability, features and warranty of the components offered to meet the Government requirement;

(ii) Price;

(iii) Past performance (see FAR 15.304);

Technical and past performance, when combined, are approximately equal 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).

(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.

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—

(6) 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

(7) 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 its stock 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 the stock of which is owned by one or more women; and

(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…