TEAD - Clauses - Attachment 2

Attachment 0002 – Provision and Clauses

Clause Attachment is included as an addendum to FAR 52.212-4. This Attachment 0002 represents the Request for Quote (RFQ)’s clauses for the items on the associated Pricing Matrix (Attachment 0001) that the U.S. Government is seeking through the Department of Defense Enterprise Software Initiative (DoD ESI) Blanket Purchase Agreement (BPA). Any resultant order will contain the clauses contained within Attachment 0002 along with the terms of the successful quoter’s DoD CHESS ITES-3H BPA.

I. Additional Terms, Conditions, and Information:

I.1. Contract Clauses:

1. Clauses Incorporated By Full Text:

FAR 52.212-2 – Evaluation – Commercial Items
(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:
Lowest priced, responsible Quoter conforming to specifications. Technical and past performance will not be evaluated as this award will be made to the lowest evaluated priced proposal(s).
(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)

Attachment 0002 – Provision and Clauses

52.212-3 -- Offeror Representations and Certifications -Commercial Items. As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -Commercial Items (Jan 2017) 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 http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically,