B08_-_140FS125Q0097.pdf
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- CA-FWS RFG LE REGN 1 SPPRT-LE VHCL UPFIT
- Solicitation number
- 140FS125Q0097
About this file
This is a Solicitation/Contract for Commercial Items (Standard Form 1449) issued by the U.S. Fish and Wildlife Service for vehicle up-fitting services. The solicitation is a total small business set-aside for up-fitting 5 law enforcement vehicles: 3 Ford F-150 crew cab trucks (marked patrol vehicles) and 2 Chevy Tahoe SUVs (unmarked). The vehicles will be equipped with emergency lighting, audio/visual equipment, control consoles, and other mission-specific law enforcement accessories. The contract is for the National Wildlife Refuge System Law Enforcement, Region 1, with vehicles located in San Luis and Sacramento, California. The solicitation number is 140FS125Q0097, with quotes due by 5:00 PM Eastern Time on 6/12/2025. The period of performance is from 6/16/2025 to 11/28/2025, with delivery required by 11/28/2025. The contract will be awarded on a fixed-price basis, with the lowest-priced technically acceptable offer winning the award.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
FS1
Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 1
FWS SAT 1
0011280592 CODE 16. ADMINISTERED BYCODE
X
X
811121
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORFS1
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
06/12/2025 1700 ED
06/05/2025
0000000000Tanner Frank (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140FS125Q0097
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 0044014881OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
SACRAMENTO CA 95825-1846
2800 COTTAGE WAY, ROOM W-2606
FEDERAL BUILDING
FWS REFUGE LAW ENFCMNT-REGN 1 SPPRT
15. DELIVER TO
Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 1
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$9
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
FWS SAT 1
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
CA-FWS RFG LE REGN 1 SPPRT PPR2076310_LR8 LE
Vehicles - Equipment Up-Fitting (5) Technical POC: Timothy Havens (912) 248-4694 Alternate POC: (209) 587-0318 Additional
Delivery: 11/28/2025 Period of Performance: 06/16/2025 to 11/28/2025
00010 2023 Ford F150 - Marked Patrol Purchase Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
Joshua Stuart
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
00020 2023 Chevy Tahoe PPV - Unmarked - Purcha
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
United States Department of the Interior
FISH AND WILDLIFE SERVICE
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.
The U.S. Fish & Wildlife Service, National Wildlife Refuge System Law Enforcement, has a requirement for up-fitting of 5 vehicles with emergency lighting, audible warning, control console, and other miscellaneous mission specific equipment. Addition details can be found in the Statement of Work.
This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2025-03. The NAICS code is 811121 and the small business size standard is $9M employees, and a PSC of K023 .
Instructions
All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a Fixed Price contract. The basis of award is Price Alone. The vendor that submits the lowest priced quote, meeting the requirement IAW the SoN, will be awarded the contract. Award will be made to a responsible source pursuant to FAR subpart 9.1.
Please submit your quotation on company letterhead or the enclosed SF-1449 form with SAM.gov UEI code. and point of contact phone number and e-mail address. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.
NOTICE TO PROSPECTIVE CONTRACTORS: If Sub-contractors will perform on this project, the Prime contractor must provide subcontractor information, i.e., company name, supervisor name and contact information and valid email address and telephone number. Failure to do so could result in quote being considered non-responsive and ineligible for award.
Quotes Due: 17:00 Eastern Time on 6/12/2025 E-Mail Quote Submission: Tanner_Frank@fws.gov
In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) https://www.sam.gov/
1 | P a g e
US Fish and Wildlife Service National Wildlife Refuge System
Division of Refuge Law Enforcement-Region 8
BACKGROUND
The U.S. Fish and Wildlife Service (Service), National Wildlife Refuge System Law Enforcement (NWRSLE) replaces emergency vehicles at regular intervals, approximately 4-6 per year in Region 8. Once acquired, these vehicles will need to be fitted with emergency lighting, audible warning, control console, and other miscellaneous mission specific equipment. The vehicles will be Sport Utility Vehicles (SUV) or pickup trucks, of various makes and models defined by NWRSLE, and will be outfitted as a fully marked (Class A), or un-marked (Class B) vehicle. Internally and externally installed equipment on the Class A and Class B vehicles are upfitted identically to maintain standardization and meet policy guidelines. Information: Tahoes are located at San Luis NWRC in Los Banos, CA. F-150's are located at Sacramento NWRC in Willows, CA. If your facility is located more than 100 miles away, you must provide transportation of the vehicles.
OBJECTIVES
The Service acquires emergency response vehicles to ensure the safety of our Federal Wildlife Officers (FWO’s) in the performance of their duties. The up-fitting of the components required to perform daily patrol work and investigations are of utmost importance to the mission. The ability to safely respond with adequate emergency lighting, equipment and prisoner transport is achieved through the quality up-fitting of vehicles by a vendor which meets or exceeds public safety levels.
The NWRSLE retains the right to conduct on-site inspections of the upfitted vehicles at the vendor location any time prior to delivery. No vehicle will be delivered without consent of the NWRSLE Contracting Officer’s Technical Representative (COTR), or designee.
STATEMENT OF WORK
UP- FITTING
The vehicles requiring up-fitting and delivery based on the GSA SIN are as follows:
(3) 55 – Ford F-150 size 4X4 Pickup, Full Size Crew Cab, Min 6700 lbs GVWR (caged)-Class-A (Marked)
(2) 105C –Chevy Tahoe size 4X4 SUV, 4DR, Special Service Package Vehicle (uncaged)-Class B (Unmarked)
The requirement of the vendor is the receiving, proper installation of Government identified law enforcement equipment, and delivery of government owned vehicles.
The installation is to be in compliance and consistent with equipment manufacturers’ instructions for the item to include all non-original equipment manufacturer (OEM) after-market items which are purchased in order to make the vehicle ready for Federal Wildlife Officer (FWO) work. The vendor agrees to complete the upfit and deliver the patrol-ready vehicle within 60 days from the date the vehicle arrives at the vendor’s up-fitting facility.
The vendor will install all the emergency vehicle equipment in a consistent standardized manner. The vendor
2 | P a g e will ensure that every vehicle is identical in the manner that each component included in the up-fitting is the same throughout all vehicles, to include the routes in which the wiring is laid throughout the interior of the vehicle. The wiring must include weatherproof, protective sheathing in areas which may subject the wiring to outside elements, crimping and/or wear that may cause failure to the equipment which it is connected and potentially damage to the vehicle. The standard for our vehicles includes that all connections utilize butt connectors, solder and shrink wrap at connection points. When installing equipment and wiring the vehicles, the vendor shall ensure that their performance and workmanship will minimizing risk of electrical failure, mechanical failure or fire due to changes made by the vendor.
The installed equipment must be able to sustain extremes in vibration, climate and conditions, from extreme cold, snow covered highways, to extreme hot, dusty wash-boarded gravel roads, to off-road use.
NWRSLE vehicle classification consists of Class A and Class B vehicles. Class A are standard marked patrol vehicles. This is a vehicle (truck or SUV) that is fully marked using the approved standards and equipment to promote a safe and effective working environment. Class B are unmarked patrol vehicles (truck or SUV). Both classes of vehicles are fully equipped patrol vehicles and may be either “caged or uncaged” as stated below.
FWO PACKAGE EQUIPMENT AND UP-FITTING STANDARDS
The vendor shall adhere to the NWRSLE vehicle up-fitting standards for equipment. The NWRSLE equipment standards identified for both class of vehicle are as follows, subject to change:
Window Tinting
The window tinting material will be 40% (All windows EXCLUDING front windshield but including top windshield brow) or tinted in accordance with California State Law to the maximum allowable tint percentage. The units require window tinting for UV protection of the interior from fading, security of equipment from theft, and safety in the case of an accident, the tinting prevents glass from splintering in the case of breakage. The vendor will not use materials that are classified as a non-reflective/dyed material. The finish edge of the tinting will be to the edge of the window and no gap of window will be exposed, and the rear window will be done in with one piece and heat shrunk for the best fit and 100% free from defects.
Headlight Flasher/LED Inserts
The lights are inserts in the headlights and taillights of the law enforcement vehicle and will enhance the visibility when in use. These lights shall be weatherproof and will be installed to ensure the greatest light reflection for greater visibility. It has an in-line flasher and the ability to synchronize with other flasher units.
Fully Programmable LED Lightbar W/Takedowns
For (3) Class A Ford F-150’s: Install full size programmable lightbar. A light color pattern selector switch will be installed to allow the officer the option of the following four color patterns: red/blue, all red, all blue, “California Red.”
3 | P a g e
For (2) Class B Chevrolet Tahoes: Install interior programmable full light strip mounted across width of vehicle windshield shall be bright enough to permeate a windshield with 20% "eyebrow" tint. A light color pattern selector switch will be installed to allow the officer the option of the following four color patterns: red/blue, all red, all blue, “California Red.”
*All programmable lights shall automatically drop down into a ‘low power’ mode when the headlights are activated. This “night mode” shall drop the LED brightness from 100% intensity to +/-60% brilliance.
Rear and Side Light Stick
The directional rear mounted LED warning light shall be able to permeate the rear window tinting. This unit is compatible with the siren/light controller. This full-width unit offers a programmable red/blue response flash pattern, and an amber in color, left/right/center-out directional flash patterns with scrolling flash rate feature which makes the light highly visible. The housing for each LED module is sealed from condensation and dust. The required modules must feature waterproof internal connectors.
The required directional light bar must have completely sealed electronics.
Additional interior LED strip lights will be mounted in driver and passenger side rear-door windows for additional side warning coverage.
Flashlight
Rechargeable LED police type flashlight/mount/charger installed.
Tailgate Strip Lighting
Alternating programmable lighting strips will be mounted across the length of the tailgate in the gap between the bumper and tailgate. Light pattern will be red/blue.
Spotlight
Mounted on driver side (if capable) with interior handle/switch.
Heavy Duty Winch Ready Grill Guard and Side Lighting
The winch ready grille guard provides protection to the vehicle. The grille guard will be “sturdy-mounted” so as to lessen the chance of loosening due to heavy vibrations associated with rough and/or off-road operations.
The emergency lights for the grill mounting application shall have completely sealed electronics, and be impact resistant. These lights shall have high power LED’s which will provide the greatest visibility during an emergency response. The housing for these lights shall be sealed from condensation and dust intrusion.
4 | P a g e
360° Front and Rear Intersection Lights
The lights shall provide warning to 360° of the vehicle and be flush or nearly flush mounted on the side of the vehicle so as not to catch on objects during off road use. The lights shall be mounted high to lessen the chance of being obstructed by such things as brush or snow banks when entering intersections. These are essential to the side warning of the vehicle providing safety to the officer while responding and/or while on scene in high-traffic areas.
Console
The console holds the vehicle equipment to include: radios, siren and light controller and auxiliary radios specific to NWRSLE specifications. It shall be of appropriate size for the vehicle to not impede access to vertical mounted long guns between the driver and passenger seats. The console shall contain 4-power outlets (2- 12v (lighter style outlet) and 2- USB outlets, cup holders, and 8" locking box.
*Console must fit APX8500, Siren/Light control, power, cup holders, lock box, w/easy access to long guns. Accessories wired ignition hot with 15 minute timer. All communication radio equipment wired ignition hot with 2hr timer. Mics will have magnetic mounts.
Interior Overhead light
Two red/white dome lights mounted in unsecured areas front and rear compartments and operable without requirement of key being in ignition.
Optional Partition/Prisoner Cage
For (3) F-150’s, please utilize the Setina Cargo cage: https://setina.com/trans-max-for-trucks/ 1/3 prisoner - 2/3 cargo utilizing radio tray for radio communication equipment. Leave factory seat for prisoner side. The Setina shelf units provide secure organized transport of gear in the cab. Additionally, they include a locking box and separate secure/protected radio/electronics mounting location. Single prisoner partition with mounted kick panel, and window screen. Cabin partition to create a barrier between the front and rear seats to contain equipment in the event of a vehicle crash.
Siren Controller and Speaker
The standard plug-in siren unit is an electronic siren w/PA and integrated light controller with individually programmable switches. Switch button map will be provided to NWRSLE. No handset controlled units will be installed.
Anti-Theft Ignition Override System
The unit is required for the security of the vehicle if the officer is out of the vehicle while it’s still
5 | P a g e running. This unit switch is to be installed in a discreet area only known to the vehicle operator. To be installed as available per specific model of vehicle.
Vertical Dual Rifle/Shotgun Gun Rack
Dual Long Gun Assembly - M4, and 12 ga. shotgun with receiver Side Saddle.
*Must use Blac-Rac updated antitheft unit for AR15, Santa Cruz 870 pump SC-1 dual T Rail.
Gun rack must be wired hot. Mounted on floor or to prisoner partition in driver compartment with specific steps taken to limit vibration. Shotgun mounted closest to the driver.
Two hidden gun lock switch/buttons will be installed in the forward cab. Momentary switch mounted under dash on Driver and Passenger sides for gunlocks.
**Exact install location will be provided to awarded vendor.**
Patrol Power custom modular police package wiring harness
The wiring harness required will be a custom modular wiring harness & fuse panel with labeled wire, integrated built-in timer to eliminate battery drain, integrated “Super-Relay” to shut down all emergency lighting connections during vehicle servicing. It shall be constructed with weatherproof wiring.
In addition this unit will require a single AWG battery connection with an integrated high-amp thermal circuit breaker, contain MIL-SPEC wire crimps, MIL-SPEC 300 Amp relay and is required to be built with vehicle specific housing. This “vacation mode” will provide for the ease of servicing, security of the vehicle during servicing, non-invasive to the vehicle computer and radio systems, and reduce the chance of vehicle damage in the event of an up-fitting component electrical failure.
Fire Extinguisher with vertical Extinguisher Bracket
Installed accessible.
Programmable battery saver
Set to 2 hrs. as not to interfere with radio code programming.
Laptop Mount
Install provided laptop/tablet mount.
600 Watt Power Inverter w/Solenoid
If factory vehicle comes with one, please disregard power inverter.
6 | P a g e
Radio Ready Wiring
APX 7500/8500 VHF radio wiring and mounting for receipt of radio head and “brain box” equipment.
We utilize Motorola APX full spectrum remote mount radios. Radios provided. Explorer E323, IPR25, and associated equipment to be wired per specific manufacturer schematics (will be provided to vendor).
Roof Antennae Special Instruction
*See attached document for roof mounting antennae locations - E323 Satellite, Motorola, 3xMIMO Sharkfin (provided). Plate for E323 Explorer Satellite units to be mounted to roof via Rivet Nuts and E323 magnet mount feet used (do not hard mount) (Utilize marine grade pass through cable fitting for E323 cable for protection, such as ScanStrut horizontal https://www.scanstrut.com/marine/seal/horizontal). Satellite radio and IPR25 to be installed per manufacturer. Resolve issues or questions prior to proceeding with installation with
USFWS-DRLE R8.
Graphics for Class A vehicles
To maintain consistency with current fleet, graphics packages for Class A vehicles with specific placement instructions will be supplied to the vendor.
DELIVERY
Upon arrival to the vendor of each law enforcement vehicle, completion and delivery of the vehicle will not exceed 60 calendar days. NWRSLE retains the right to conduct on-site inspections of the completed vehicle at the vendor location prior to delivery.
The vendor shall perform quality control checks on all new equipment on each vehicle when up-fitting to ensure that proper installation, assembly and function of emergency equipment operates as manufactures specifications. This will ensure that all OEM vehicle equipment will work in operating conditions and that the up-fitting process does not affect OEM equipment or settings.
No NWRSLE vehicle will be stored or left outside of secure area overnight or longer while being up-fitted.
The vendor shall be responsible for repair of any damage to any vehicle and equipment incurred during shipping and build phases. If vendor has a drop code, COTR will decide option to use when purchasing vehicles at point of sale.
MANUFACTURERS’ GUARANTEES AND WARRANTIES
In addition to the required warranties provided in FAR 52.246.20, the following warranties and guarantees shall https://www.scanstrut.com/marine/seal/horizontal
7 | P a g e be provided:
All manufacturer or installer guarantees/warranties obtained by the Contractor for any materials, products, services, or equipment procured for this project shall be obtained for the use and benefit of the Government.
The contractor will provide a minimum twelve (12) month warranty on all work. Major components and sub-assemblies shall be warrantied through their respective manufacturers. In the event a defect in installation workmanship is discovered following delivery of a vehicle at its final destination, the contractor shall itself, or sub-contract with a company in that geographic area, to make repairs and shall assume financial responsibility for all costs related to the repair.
A copy of the manufacturer’s standard warranty shall be enclosed in the package or included with shipping documents, as appropriate, for each warranted item delivered under the purchase agreement, and included in a packet within each vehicle.
If a claim for warranty is requested, the vendor will work to make the repair, provide technical assistance, or send replacement parts in an expedient manner.
Items warranted by the manufacturer’s standard warranty shall be marked or stamped “Warranted.” If space on the item is not available, the packing slip should state, as a minimum, the following:
• Brief statement that a warranty exists.
• Substance of the warranty.
• Duration of the warranty.
• Person/company to notify if the items are defective.
-End of Statement of Work-
REGION 8 USFWS/DRLE; Roof diagram (not to scale)
Drawing legend (not to scale)
If you have questions/concerns, please contact
Anthony Merrill, (209) 587-0318
Timothy Havens, (912) 248-4694
Thank you.
DODGE 1500 Crew Cab, with lightbar
FORD F150 Crew Cab, with lightbar
FORD F150 Crew Cab, NO lightbar (visor lights)
LARGE SUV, with lightbar (removal of roof racks required)
(without lightbar, antenna locations same/similar)
Provisions
Provisions by Reference:
The following provisions are hereby incorporated by reference:
52.204-7 System for Award Management. (NOV 2024)
52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)
52.204-22 Alternative Line Item Proposal. (JAN 2017)
52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.
(DEC 2023)
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)
52.217-5 Evaluation of Options. (JUL 1990)
52.237-1 Site Visit. (APR 1984)
Provisions in Full Text:
52.201-1 Acquisition 360: Voluntary Survey. (SEP 2023)
(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link:
https://www.acquisition.gov/360.
(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the http://www.acquisition.gov/360 meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at http://www.sam.gov/ paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)
(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:
• Evidence of the offeror's technical capabilities in accordance with the Performance Work Statement, demonstrated through the submission of a narrative statement.
• Technical Experience
• Past Performance
• Price
Evidence of the offeror's technical capabilities in accordance with the Performance Work Statement, demonstrated through the submission of a narrative statement., technical experience, and past performance, when combined, are more important than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options (to include the Option to Extend Services, FAR 52.217-8 and the Option to Extend the Term of the Contract, FAR 52.217-9) to the total price for the basic requirement. A six-month extension of services, in accordance with FAR 52.217-8, will be evaluated by the Government based on option year four pricing. 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 Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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;
https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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"—
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)).
http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title50-section1702(b)(3)&num=0&edition=prelim
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—
(1)
(i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128
(see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB
Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, 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— https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121
(i) One or more socially disadvantaged (as defined at13 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 the threshold at 13
CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);
and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled 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 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 least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101(2)&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300
(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 in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .
[Offeror to identify the applicable paragraphs at (c) through (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR
121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it □ is, □ is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/19.000#FAR_19_000…
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