Instructions_to_Offerors_and_Evaluations--Commercial_Items_Update.pdf

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-1 ADDENDUM

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph revised.

Para (a) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation.

QUOTATION SUBMISSION:

This section specifies the format and content that Offerors will use for submitting their offers in response to this

Request for Quote (RFQ). Offerors shall ensure that the information provided within their offer is factual, accurate, and complete.

(1) ELECTRONIC OFFERS. Offerors must submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email .

(2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

(3) The Government anticipates awarding a Single Award firm-fixed price contract from this solicitation. This is a

Brand Name or Equal requirement. Proposals that include alternate items must provide technical supporting documentation.

The Government intends to evaluate offers and may make awards without discussions or exchanges with Offerors.

Therefore, the Offerors’ initial offer should contain the best terms from a price and technical standpoint. 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.

(4) Offeror Questions and Clarifications: Any questions, comments or clarifications concerning any aspect of the solicitation shall be submitted in writing via e-mail to

Questions or clarifications submitted should identify the topic (e.g., technical or price), and must reference the applicable section of the solicitation (e.g., Section, paragraph, and subparagraph) and RFQ number. Telephone calls will not be accepted nor responded to. Responses will be emailed to all interested offerors.

(5) The technical information required for evaluation purposes, shall not exceed 5 pages.

(6) PROCESS FOR AWARD. Award will be made on a lowest price, technically acceptable basis. Discussions may be conducted whenever the Contracting Officer deems it appropriate.

The contract will be awarded strictly in accordance with the criteria and process established in FAR 12.

(7) Please complete and submit with your offer, 52.212-3 ALT I “Offeror Representations and Certifications –

Commercial Items”

(8) SUBMISSION OF OFFERS. The solicitation must be completed, signed and received at this office not later than the date and time specified. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows:

PART I: Technical Capability - Factor 1. The information provided by the offeror will be a significant factor in the

Government’s determination of technical acceptability.

a. To be considered for award, the Offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make, and model. With respect to “or equal” submissions, the burden is upon the offeror to demonstrate in its technical offer and the technical literature submitted that its equipment meets the minimum requirements, specifications, and salient characteristics and providing a citation to the relevant section of the technical description or product literature.

b. Offerors shall provide evidence that they are an authorized distributor/reseller to provide the item(s) by submitting documentation from the manufacturer (if applicable). No prototypes, demonstration models, used or refurbished equipment will be considered.

c. Offerors shall provide an offer of "equal" products as provided Attachment -1 and 2 of this solicitation. The brand name or equal manufacturer must -

(1) Meet the salient physical, functional, or performance characteristic specified in Attachment 2.

(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.

d. The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror

e. 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. .

PART II: Price- Factor 2. The offeror must complete attachment 1or provided CLIN structure of the solicitation and provide a quote for the proposed prices. The information provided will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED ITEMS, in ADDENDUM TO FAR 52.212-2, Please submit the following:

a. Quote with proposed prices. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

b. Signed amendments (if any).

c. Representations and Certifications found at FAR 52.212-3 Alt 1 and 52.209-7- MUST be completed. Para (g)

Contract award. This is amended to provide that the Government may conduct discussions prior to contract award at its sole discretion.

Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR) and the Online

Representations and Certifications, if you are a US firm. Award cannot and shall not be made to an offeror without these codes.

Para (m) Proposal Preparation Costs. The Government will not pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer.

Para (n) The offeror is responsible for ensuring that its proposal is complete. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of any stated claims.

The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to perform the requirement. Offerors shall assume that the govern ment has no prior knowledge of their experience and will base its evaluation solely on the information presented in the offeror's proposal.

Para (o) Protests received at a level higher than the contracting officer will be referred to the contracting offic er.

Protestor may request a review by the contracting officer or an independent review at a level higher than the contracting officer. Requests for appeals or independent review will be addressed to the contracting officer for referral to the review authority. Questions on this process will be referred to the cognizant contracting officer identified in the solicitation.

Para (p) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision

52.252-1 herein for locations where full text can be found.

(End of Addendum to FAR 52.212-1)

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 :

1. Technical

2. Price

The award decision will be based on the Lowest Priced, Technically Acceptable offer. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Award will be made to the offeror provided its technical proposal conforms to the requirements of the solicitation and its price is determined to be fair and reasonable by the contracting officer; and the contracting officer determines the offeror is responsible.

(b) Options – N/A

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-2 ADDENDUM

Paragraph (a) is hereby supplemented with the following:

Contract Evaluation and Award:

Basis of Award –

This solicitation will use lowest price technical evaluation procedures to make a best value award decision. Award will be made to the responsible Offeror that provides the lowest price and a technically acceptable offer.

Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate offers and award a firm fixed price purchase order without discussions. Therefore, each initial offer should contain the Offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

Evaluation Factors. The following factors will be evaluated:

Technical Capability - Factor 1. Technical Capability reflects the Government’s confidence in each Offeror’s ability, as demonstrated in its offer, to provide the requirement as stated in this solicitation.

The Government will evaluate whether the offeror has demonstrated that its proposed equipment meets all minimum requirements with the solicited Brand Name or an item “Equal” to the Brand Name item. The government will not evaluate Price of any offer that is rated Technically Unacceptable. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, the Government will determine that it does not.

The following adjectival ratings will be used in evaluating each offeror’s technical offer.

TECHNICA L EVALUATION

RATING DESCRIPTION

TECHNICAL EVALUATION

RATING DESCRIPTION

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation

Note: The government will not evaluate Price of any offer that is rated Technically Unacceptable

Price – Factor 2. Price will be evaluated separately from the technical factors and will be evaluated for fairness and reasonability in terms of the Government’s requirement.

(End of provision)