Mod1_Combined_Synopsis_Solicitation_WestStrike_Support_Services.docx
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- Western Strike Training Support Services Federal contract opportunity
- Solicitation number
- W912L6-19-R-1007
- Issued by
- Department of the Army National Guard
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OKLAHOMA NATIONAL GUARD (OKNG)
COMBINED SYNOPSIS/SOLICITATION
FOR: WESTERN STRIKE TRAINING SUPPORT SERVICES CONSISTING OF
ROLL OFF DUMPSTERS, PORTA POTTYS – HAND WASH STATIONS, REFRIGERATION TRAILERS, AND ICE
PLACE OF PERFORMANCE: FT CHAFFEE, AR
PERIOD OF PERFORMANCE: 1 JUNE 2019 – 21 JUNE 2019
SOLICITATION NUMBER: W912L6-19-R-1007
SOLICITATION CLOSES: 23 APRIL 2019 AT 5PM CENTRAL TIME
QUESTIONS CLOSE: 21 APRIL 2019
ANTICIPATED CONTRACT TYPE: FIRM FIXED PRICE
CONTRACT SET-ASIDE: 100% SMALL BUSINESS; NO PREFERENCE WITHIN SMALL BUSINESS
SUB-GROUPS
SOURCE SELECTION METHOD: LOWEST PRICE TECHNICALLY ACCPTABLE
BID SUBMITION: ELECTRONIC ONLY: FBO and/ or EMAIL, CONTRACTORS ARE ENCOURAGED
TO EMAIL PROPOSALS: ALL EMAILED PROPOSALS WILL RECEIVE A RETURN EMAIL
CONFIRMATION FOR RECIEPT OF PROPOSAL.
**NOTE** This is a consolidated requirement for Roll Off Dumpsters, Porta Pottys –Hand Wash Stations, Refrigeration Trailers, and Ice. The Government’s anticipation is to award all four services as one consolidated contract. However, without adequate competition the Government may award each of the services as individual contracts or any combination thereof.
*Adequate price competition is defined as having two or more bids.
1.0 Combined Synopsis/ Solicitation.
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 separate written solicitation will not be issued. This solicitation is issued as a request for proposal (RFP). This acquisition is utilizing NAICS code 562991 with the small business size standard being $7,500,000.00. ** If this acquisition is awarded to its individual services as stand-alone contracts or any combination thereof, the NAICS code applicable to the greatest portion of total contract service per dollar amount, will be used. Individual CLIN NAICS codes are as follows: CLIN 0001, Roll Off Dumpsters, NAICS code 56211 with a Small Business Size Standard of $38,500,000.00; CLIN 0002, Port-Pottys-Hand Wash Stations, NAICS code 562991 with a Small Business Size Standard of 7,500,000.00; CLIN 0003, Refrigeration Trailer, NAICS code 493120 with a Small Business Size Standard of $27,500,000.00; CLIN 0004, Ice, NAICS code 312113 with a Small Business Size Standard of 750 employees. This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. This requirement is subject to availability of funding per FAR 52.232-18.
A. Eligibility for Award.
Offerors must return this combined synopsis / solicitation, filled out in its entity, to the primary point of contact listed below no later than the solicitation closing date listed above. Offerors are required to indicate the total pricing for each of the CLINS 0001, 0002, 0003, and 0004.
Any questions about any requirements for this solicitations shall be directed at the primary point of contact.
Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov as of the date of award to be eligible for award.
Exceptions to Service Contract Act- Contractor shall fill out Provision (52.222-52 Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services – Certification) and return with their proposal submission in order to take exception to the Service Contract Act. Any questions about this shall be directed to the Government Point of Contact listed below.
B. Evaluation.
Award shall be made on the basis of Lowest Price Technically Acceptable (LPTA) evaluation. An award will be made to the contractor who offers the lowest rate pricing among all of the technical acceptable bids. The Contractor’s offer shall demonstrate that they will meet or exceed the technical requirements stated in the Performance Work Statement. Issuance of award shall be made on the basis of the competitive rates offered by a contractor that is most advantageous to the Government, the ability to service the location of the requirement, and the capability to fulfill the requirement on time and in the correct quantities ordered.
PROPOSAL CONTENT:
Each proposal shall be accompanied by a cover letter signed by the Contractor. Each item proposed to be incorporated into the project shall be clearly marked and identified in the proposals and shall be cross-referenced to the drawings and specifications so as to identify clearly the use for which it is intended. The Contractor shall review all submittals to verify conditions and to ensure accuracy, completeness and compliance with the contract requirements and shall indicate his approval on each submittal prior to submission. Contractor will provide a delivery and installation plan as part of the proposal. All variations from contract requirements shall be described in writing. Approvals by the Contracting Officer will not relieve the Contractor from responsibility for errors, omissions or noncompliance with contract requirements except where variations have been identified by the Contractor and approved by the Contracting Officer.
The proposal shall provide sufficient descriptive literature, video or other types of media required to clearly demonstrate the contractor understands the statement of work and their ability to meet the Government’s requirement. The contractor shall submit their plan demonstrating that all systems required within the contract properly work at the completion of the job.
PROPOSAL SUBMISSION:
Proposals are due not later than (NLT) 5:00 PM. CST on 23 April 2019. Offeror shall submit this combined synopsis/solicitation with each of the CLIN pricing and certification/assertions filled in along with any other documents or media necessary to articulate and convey the proposal as technically acceptable.
Proposals will consist of:
(1) Pricing Proposal per each CLIN
(2) Documentation to articulate and convey Technical Acceptability
(3) Documentation to articulate and convey Contractor responsibility (ex: capability statement, experience, etc)
(4) Combined Synopsis/Solicitation filled out as applicable
C. Electronic Invoicing through Wide Area Workflow (WAWF).
To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through WAWF. Additional information and registration for WAWF can be completed online at https://wawf.eb.mil. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through WAWF upon satisfactory completion of work and the receipt of a proper certification for payment.
D. Terms of Award.
1) The contractor shall provide Western Strike Training Support Services to the Oklahoma National Guard (OKNG).
2) Quality Assurance Surveillance Plan will be used to ensure adequate quality prior to acceptance of services.
Primary Point of Contact:
Kevin Brokish Contract Specialist kevin.p.brokish.civ@mail.mil Phone: (405) 228-5502 Contracting Office Address:
3535 Military Circle Oklahoma City, OK 73110
Statement of Work
CLIN 0001:
The purpose of this rental of Roll Off 30 yard Dumpster support is to provide support for annual training to of trash and waste at FT Chaffee during WS FY 19
1. Performance Period: 01June2019-21June2019 Roll Off 30 yard Dumpster will be available for use 24 hours per day.
2. Contractor will provide 2 Roll Off 30 yard Dumpster at the start of the performance period with the ability to dump and place10 times. Contractor is responsible for placement and dumping. Units will make sure not to stack over the sides of the dumpster. Placement will be made by placing one in cantonment in the parking lot at BLDG 1549 and one in the field IVO of Arrowhead Air Strip.
3. Power: No requirement for power.
4. Potable Water: No requirement.
5. Waste: Contractor will be responsible containment and means to move Waste to an approved dump station or site.
6. Contractor is responsible for all maintenance, cleaning and servicing of Roll Off Dumpster
Specifications:
1. Contractor will be responsible for transport and installation of Roll Off 30 yard Dumpster to Fort Chaffee no later than 01 June 2019 and uninstall and removal will be no earlier than 21 June, 2019.
2. Contractor is responsible for maintaining Roll Off 30 yard Dumpster.
3. Contractor is responsible to provide all labor, materials, and equipment necessary to complete the service requirements herein.
4. Contractor will also be responsible for maintenance of Roll Off 30 yard Dumpster not functioning properly, that it will be repaired and operational again within a 24 hours period.
5. Contractor will dispose of Waste into approved site with in the surrounding area.
6. The Contractor is responsible to abide by the Fort Chaffee Environmental Office, Environmental Protection Guidelines for Contractors.
7. Contractor will contact the BDE POC or COR for placement of Roll Off 30 yard Dumpster.
8. Contractor must have 24hr notice from Unit to pickup and replace Roll Off 30 yard Dumpster.
9. Contractor will only move Roll Off 30 yard Dumpster with the BDE COR Approval.
CLIN 0002:
The purpose of this rental of Port-Pottys-Hand Wash Station support is to provide support for Western Strike to allow Soldiers to conduct personal relief, and must be operable 24 hours a day.
1. Performance Period: 28May2019-21June2019 Port-Pottys will be available for use 24 hours per day, except for periodic times for cleaning and maintaining systems.
2. Contractor will provide 120 Port-Pottys-Wash Stations and 60 Portable Hand Washing Stations. Contractor is responsible for all paper goods, hand sanitizer, clean water and waste water disposal requirements for operation of the Port-Pottys. Units will be cleaned no less than every 2 days. Placement will be made by stages. Not all 120 Port-Pottys and 60 Port-Hand Wash Station will be placed at the same time.
3. Power: No requirement for power.
4. Potable Water: Contractor must provide self-contained Port-Pottys and Hand Wash Stations. Direct connection to Fort Chaffee water lines or fire hydrants is not authorized. Potable water is available for bulk draw and filling of contractor provided tank with coordination with Fort Chaffee. Contractor is responsible for filling of Port-Pottys and Hand Wash Station.
5. Waste Water: Contractor will provide Self Contained Port-Pottys and Hand Wash Station containment and means to move Waste Water to an approved dump station for discharge. This location is the water treatment plant. Contractor will provide discharge hoses of sufficient length to release waste water into the water treatment plant site being used.
6. Contractor is responsible for all maintenance, cleaning and servicing of the Port-Pottys and Hand Wash Stations.
Specifications:
1. Contractor will be responsible for transport and installation of Port-Pottys and Hand Wash Stations to Fort Chaffee no later than 28May2019 and uninstall and removal will be no earlier than 21 June, 2019.
2. Contractor will provide self-contained Port-Pottys to include Hand Washing Stations and self-contained and Hand Wash Stations with 24 hour per day accessibility.
3. Contractor is responsible for maintaining Port-Pottys and and Hand Wash Stations, filling of potable water, disposal of grey water, Replacing Paper and Hand Sanitizer.
4. Contractor is responsible to provide all labor, materials, and equipment necessary to complete the service requirements herein.
5. Contractor will also be responsible for maintenance of Port-Pottys and Hand Wash Stations, ensuring if a stall is not functioning properly, that it will be repaired and operational again within a 24 hours period.
6. Contractor will be responsible for periodic cleaning of the Stalls to maintain a clean appearance free of dirt, trash or debris as needed, but not less than every other day.
7. Contractor will dispose of grey water into approved water treatment plant at Fort Chaffee or with in the surrounding area.
8. The Contractor is responsible to abide by the Fort Chaffee Environmental Office, Environmental Protection Guidelines for Contractors.
9. Contractor will contact the BDE POC or COR for placement of Port-Pottys-Hand Wash Station and Hand Wash Stations.
10. Contractor must have 48hr notice from Unit to move Port-Pottys-Hand Wash Station and Hand Wash Stations.
11. Contractor will only move Port-Pottys-Hand Wash Station and Hand Wash Stations with the BDE COR Approval.
CLIN 0003:
The purpose of this rental of 40 FT or 53 FT Refrigeration Trailer support is to provide support for annual training for cold storage at FT Chaffee during WS FY 19
1. Performance Period: 01June2019-21June2019 40 FT or 53 FT Refrigeration Trailer will be available for use 24 hours per day.
2. Contractor will provide 2 40 FT or 53 FT Refrigeration Trailers at the start of the performance period for cold storage. Contractor is responsible for placement. Placement will be made by placing in the field IVO of Arrowhead Air Strip.
3. Power: Trailers are equipped with the proper refrigeration unit to keep food or ice cold 24hrs a day.
4. Potable Water: No requirement.
5. Fuel: Contractor will be responsible for fuel tank being full upon delivery.
6. Contractor is responsible for all maintenance, cleaning and servicing of 2 40 FT or 53 FT Refrigeration Trailer.
Specifications:
1. Contractor will be responsible for transport and installation of 2 40 FT or 53 FT Refrigeration Trailer to Fort Chaffee no later than 01 June 2019 and uninstall and removal will be no earlier than 21 June, 2019.
2. Contractor is responsible for maintaining 2 40 FT or 53 FT Refrigeration Trailer.
3. Contractor is responsible to provide all labor, materials, and equipment necessary to complete the service requirements herein.
4. Contractor will also be responsible for maintenance of 40 FT or 53 FT Refrigeration Trailer not functioning properly, that it will be repaired and operational again within a 24 hours period.
5. The Contractor is responsible to abide by the Fort Chaffee Environmental Office, Environmental Protection Guidelines for Contractors.
6. Contractor will contact the BDE POC or COR for placement of 40 FT or 53 FT Refrigeration Trailer
7. Contractor must have 48hr notice from Unit to pick up and replace 40 FT or 53 FT Refrigeration Trailer.
8. Contractor will only move 40 FT or 53 FT Refrigeration Trailer with the BDE COR Approval.
9. Unit is responsible to provide fuel after delivery trough out the remaining performance period.
CLIN 0004:
The purpose of ICE support is to provide the 6lbs per day per 1200 soldiers and two Containerized Kitchens for WS FY 19.
1. Performance Period: 01-21June2019 ice will be available 24 hours per day.
2. Contractor will provide 7500 bags of ice over the performance period in 20lb bags.
3. Power: No requirement for power.
4. Potable Water: No requirement
5. Waste Water: No requirement
6. Contractor is responsible for all movement of the ice from their container to into the cold storage at FT Chaffee.
Specifications:
1. Contractor will be responsible for transport of the ice to Fort Chaffee no later than 280800May2019.
2. Contractor will provide 3DOS of ice on each shipment.
3. Contractor is responsible for transferring the ice from there container to the cold storage or in the Field
4. Contractor is responsible to provide all labor, materials, and equipment necessary to complete the service requirements herein.
5. The Contractor is responsible to abide by the Fort Chaffee Environmental Office, Environmental Protection Guidelines for Contractors.
6. Contractor will contact the BDE POC or COR for any issues concerning delivery.
7. Contractor must have 72hr notice from Unit to reduce numbers.
8. Contractor will only change delivery times and amount with the BDE COR Approval.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
Roll Off Dumpsters
FFP
Roll Off Dumpsters in accordance with the statement of work.
FOB: Destination
PSC CD: S205
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
Port-Pottys-Hand Wash Stations
Port-Pottys-Hand Wash Stations in accordance with the statement of work.
PSC CD: S222
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
Refrigeration Trailer
Refrigeration Trailer in accordance with the statement of work.
PSC CD: X1GB
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
Ice
Ice in accordance with the statement of work.
PSC CD: S203
NET AMT
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 |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 01-JUN-2019 TO |
21-JUN-2019
| N/A |
| FTCMTC |
FTCMTC
FORT SMITH BLVD
FORT CHAFFEE, ARKANSAS OK 72905
W911JN
| 0002 |
| POP 01-JUN-2019 TO |
21-JUN-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W911JN
| 0003 |
| POP 01-JUN-2019 TO |
21-JUN-2019
| N/A |
| N/A |
| 0004 |
| POP 01-JUN-2019 TO |
21-JUN-2019
| N/A |
| FTCMTC |
FTCMTC
FORT SMITH BLVD
FORT CHAFFEE, ARKANSAS OK 72905
W911JN
CLAUSES INCORPORATED BY FULL TEXT
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(End of Provision)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
(a) Definition. As used in this clause--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.
(End of Clause)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
CLAUSES INCORPORATED BY FULL TEXT
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by--
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)
(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) database.) 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) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(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.
52.212-2 EVALUATION--COMMERCIAL 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:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(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 (NOV 2017) ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . 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.
“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.
“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 Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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), as of the date of this offer 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 is to 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…
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