Inactive Total Small Business Set-Aside (FAR 19.5)

NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in thi... NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial service 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; quotations are being requested and a written solicitation will not be issued. The solicitation number is N0025922Q0057. It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06. The North American Industry Classification System (NAICS) Code for this acquisition is 325120. The size standard is 1,000 (# of employees). This solicitation is for a 100 percent total small business set aside. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. Naval Medical Center San Diego (NMCSD) requests responses from qualified sources capable of providing the following: CLIN 0001: Carbon Dioxide USP 50#, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0002: Nitrogen NF 200 CU FT, Cylinder Quantity: 40 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0003: Nitrous Oxide USP 56#, Cylinder Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0004: Oxygen USP 125 CU FT, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0005: Oxygen USP 200 CU FT, Cylinder Quantity: 20 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0006: Air USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0007: Carbon Dioxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0008: Nitrogen NF E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0009: Nitrous Oxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0010: Oxygen USP D, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0011: Oxygen USP E, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0012: HP Rental Rate Per Cylinder, Per Month Quantity: 795 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0013: MD Rental Rate Per Cylinder, Per Month Quantity: 1,050 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0014: Bulk Oxygen USP Per 100 CU FT Quantity: 5,400 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0015: Tank Telemetry Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 0016: Delivery Fee (Bulk 02) Quantity: 4 Unit of Issue: EA Price: __________ POP: 10/1/2022-9/30/2023 CLIN 1001: Carbon Dioxide USP 50#, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1002: Nitrogen NF 200 CU FT, Cylinder Quantity: 40 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1003: Nitrous Oxide USP 56#, Cylinder Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1004: Oxygen USP 125 CU FT, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1005: Oxygen USP 200 CU FT, Cylinder Quantity: 20 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1006: Air USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1007: Carbon Dioxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1008: Nitrogen NF E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1009: Nitrous Oxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1010: Oxygen USP D, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1011: Oxygen USP E, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 0012: HP Rental Rate Per Cylinder, Per Month Quantity: 795 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1013: MD Rental Rate Per Cylinder, Per Month Quantity: 1,050 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1014: Bulk Oxygen USP Per 100 CU FT Quantity: 5,400 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1015: Tank Telemetry Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 1016: Delivery Fee (Bulk 02) Quantity: 4 Unit of Issue: EA Price: __________ POP: 10/1/2023-9/30/2024 CLIN 2001: Carbon Dioxide USP 50#, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2002: Nitrogen NF 200 CU FT, Cylinder Quantity: 40 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2003: Nitrous Oxide USP 56#, Cylinder Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2004: Oxygen USP 125 CU FT, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2005: Oxygen USP 200 CU FT, Cylinder Quantity: 20 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2006: Air USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2007: Carbon Dioxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2008: Nitrogen NF E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2009: Nitrous Oxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2010: Oxygen USP D, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2011: Oxygen USP E, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2012: HP Rental Rate Per Cylinder, Per Month Quantity: 795 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2013: MD Rental Rate Per Cylinder, Per Month Quantity: 1,050 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2014: Bulk Oxygen USP Per 100 CU FT Quantity: 5,400 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2015: Tank Telemetry Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 2016: Delivery Fee (Bulk 02) Quantity: 4 Unit of Issue: EA Price: __________ POP: 10/1/2024-9/30/2025 CLIN 3001: Carbon Dioxide USP 50#, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3002: Nitrogen NF 200 CU FT, Cylinder Quantity: 40 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3003: Nitrous Oxide USP 56#, Cylinder Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3004: Oxygen USP 125 CU FT, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3005: Oxygen USP 200 CU FT, Cylinder Quantity: 20 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3006: Air USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3007: Carbon Dioxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3008: Nitrogen NF E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3009: Nitrous Oxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3010: Oxygen USP D, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3011: Oxygen USP E, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3012: HP Rental Rate Per Cylinder, Per Month Quantity: 795 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3013: MD Rental Rate Per Cylinder, Per Month Quantity: 1,050 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3014: Bulk Oxygen USP Per 100 CU FT Quantity: 5,400 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3015: Tank Telemetry Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 3016: Delivery Fee (Bulk 02) Quantity: 4 Unit of Issue: EA Price: __________ POP: 10/1/2025-9/30/2026 CLIN 4001: Carbon Dioxide USP 50#, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4002: Nitrogen NF 200 CU FT, Cylinder Quantity: 40 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4003: Nitrous Oxide USP 56#, Cylinder Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4004: Oxygen USP 125 CU FT, Cylinder Quantity: 5 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4005: Oxygen USP 200 CU FT, Cylinder Quantity: 20 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4006: Air USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4007: Carbon Dioxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4008: Nitrogen NF E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4009: Nitrous Oxide USP E, Cylinder Quantity: 10 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4010: Oxygen USP D, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4011: Oxygen USP E, Cylinder Quantity: 100 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4012: HP Rental Rate Per Cylinder, Per Month Quantity: 795 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4013: MD Rental Rate Per Cylinder, Per Month Quantity: 1,050 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4014: Bulk Oxygen USP Per 100 CU FT Quantity: 5,400 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4015: Tank Telemetry Quantity: 12 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 CLIN 4016: Delivery Fee (Bulk 02) Quantity: 4 Unit of Issue: EA Price: __________ POP: 10/1/2026-9/30/2027 LOCATION: Naval Hospital Pensacola 6000 West Highway BLDG 2269 Pensacola, FL 32508. Delivery/Acceptance location is : Naval Hospital Pensacola 6000 West Highway BLDG 2269 Pensacola, FL 32508. FBO Destination: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. This acquisition incorporates by reference the following FAR provisions and clauses: 52.204-7 – System for Award Management (Oct 2018) 52.204-13 - System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2019) 52.204-18 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 2019) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nar 2020) Contractors are reminded to either include a completed copy of 52.212-3 and its ALT I with Offers, or alternatively, the provision can also be submitted at https://www.sam.gov. 52.212-4 – Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Additional contract terms and conditions applicable to this procurement are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7012 Compliance with safeguarding covered defense information control (Dec 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration (APR 2020) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.246-7008 Sources of Electronic Parts (May 2018) 252.247-7023 Transportation of Supplies by Sea—Basic (Feb 2019) The following provisions and clauses incorporated by full text apply to the solicitation: 52.212-1 Instructions to Offerors-Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (MAR 2020) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST ( https://assist.dla.mil/online/start/). (ii) Quick Search ( http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: Technical Capability, Past Performance, and Price. The source selection method is Lowest Price Technically Acceptable (LPTA). The award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. FACTOR 1: Technical Capability; defined as the ability of the products to meet the salient characteristics needed. FACTOR 2: Delivery Schedule; defined as the lead time necessary to receive the product. FACTOR 3: Price; the government shall conduct a price evaluation of all technically acceptable quotes with acceptable. (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. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). ____ (ii) Alternate I (MAR 2020) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (MAR 2020) of 52.219-4. ____ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). ____ (ii) Alternate I (MAR 2020). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). ____ (ii) Alternate I (MAR 2020) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (NOV 2016) of 52.219-9. ____ (iii) Alternate II (NOV 2016) of 52.219-9. ____ (iv) Alternate III (JUN 2020) of 52.219-9. ____ (v) Alternate IV (JUN 2020) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)). ____ (ii) Alternate I (MAR 2020) of 52.219-28. ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). ____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). ____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). ____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). ____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). ____ (ii) Alternate I (FEB 1999) of 52.222-26. ____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). ____ (ii) Alternate I (JUL 2014) of 52.222-35. XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). ____ (ii) Alternate I (JUL 2014) of 52.222-36. ____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). ____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). XX (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 ...