191NL21Q0017 SOW K9 Equipment for BCS and Yucatan.pdf

Bureau of International Narcotics and Law Enforcement Affairs (INL)

U.S. Embassy Mexico

INL/Mexico

191NLE21Q0017

Canine Equipment for Baja California Sur SSP and Yucatan SSP

LIST OF SECTIONS AND APPENDICES

Section 1 - Solicitation Considerations

Section 2 - Submission Information Pertaining to Request for Quote

Section 3 - Quote Submission Format and Requirements

Section 4 - Statement of Work (SOW)

Section 5 - Basis of Award and Evaluation Criteria

Section 6 - Contract Clauses

Appendix A - Technical Specifications of Items (Brand Name or Equal)

Appendix B - Performance Requirements

Appendix C – Deliverables

Appendix D- Delivery Information

Appendix E - VAT Reclamation

(Rest of Page Intentionally Left Blank)

SECTION 1

SOLICITATION CONSIDERATIONS

SYSTEM FOR AWARD MANAGEMENT

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines.

Information can be found at www.sam.gov.

TRADE AGREEMENTS ACT (19 U.S.C. 2512(A)) (TAA)

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that shall supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems

UNAUTHORIZED DISCLOSURE

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the

U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

See FAR 3.104 for additional information.

SECTION 2

SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information shall be clearly marked. Marking of items shall not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by

FOIA. However, if such items are not marked, all information contained within the submitted documents shall be deemed releasable.

QUESTIONS CONCERNING THE REQUEST FOR PROPOSAL

Offerors are warned against contacting any INL personnel other than the Contracting

Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests shall be submitted in writing to the Contracting Officer and Contract Support

Specialist via email.

QUESTION AND ANSWER PERIOD

Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited, via email.

Written questions relating to this RFQ shall be accepted through:

Question and Answer Period 1:

12:00 P.M. (local Washington D.C. time) Thursday 10 December 2020.

Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Sheila Stokes-Langford

Title: Contract Support Specialist

E-mail: Stokeslangfords@state.gov

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative, via email.

Proposals relating to this RFQ shall be accepted through:

Closing Date and Time:

12:00 P.M. (local Washington D.C. time) on the following date: Tuesday 22

December 2020.

mailto:Stokeslangfords@state.gov

Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Sheila Stokes-Langford

Title: Contract Support Specialist

E-mail: Stokeslangfords@state.gov

PERIOD OF ACCEPTANCE OF OFFERS

All Quotes must be valid for 90 days from the closing date for this solicitation. Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified. No exceptions or qualifications

CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the

Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the

Government accept or evaluate, multiple solutions within one proposal.

mailto:Stokeslangfords@state.gov

SECTION 3

QUOTE SUBMISSION FORMAT AND REQUIREMENTS

SELLER REQUIREMENTS

All responsible vendors that submit quotations pursuant to the requirements outlined in this document and the applicable socio-economic set-aside shall be considered by INL.

FORMAT FOR TECHNICAL AND COST/PRICE QUOTATION

File Format Requirements

Vendors’ technical proposals / price quotations shall:

Be viewable in either: Microsoft Word 2010, Excel 2010, PowerPoint 2010, Adobe

Reader XI, or Adobe Acrobat Pro X (as applicable and appropriate).

Limit the number of pages to no more than fifty (50), 12 Point Font, Times New

Roman.

Vendor shall be limited to no more than five (5) separate digital files for a proposal package.

FORMATTING REQUIREMENTS:

Volume I – Technical Proposal

Part A: Product Details o Full details and specification required, including breakdown of differences if not offering brand name.

Part B: Importation/Exportation Plan

Part C: Previous Delivery Experience

Part D: Past Performance

Volume II – Cost/Price

Cost Breakdown for All Items

AT A MINIMUM, A PROPOSAL PACKAGE MUST INCLUDE: *see below

Detailed itemized technical specifications/product details (with pictures)

Previous Delivery Experience

Past Performance

Completed Firm Fixed-Price CLIN Structure (via SF-1449) o All prices shall reflect USD o All proposals must include a complete cost breakdown in separate pricing matrix

Description of any special features, testing procedures and any value-added services

Delivery information and shipping services including terms and conditions

Warranty information

Price: Firm fixed prices for all offered items and services (identify any discounts offered) shall be included.

Description: Description/nomenclature of the item being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and specifications as outlined in the RFQ (i.e. Appendix A). Also include description of warranty terms, special features or value-added items and services, and any non-contract items (i.e. open market items).

Proposals that include only the information found in the solicitation (e.g., copied/pasted) will not be considered a complete proposal.

DUNS and SAM: Include DUNS number and statement that the vendor is registered in

SAM as appropriate business type under referenced NAICS code. (See section 4 “SOW”)

Certifications: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the SAM web site (sam.gov).

Past Performance: A list of contracts within the last two (2) years for the provision of comparable requirements to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

Should a warranty be required, a complete description of all warranty terms and conditions must be included in the proposal. For more information on minimum warranty specifications, see: Appendix A, “Warranty.”

Vendor submissions must include a detailed description of the items that will be provided.

This information may include, but is not limited to, part or manufacturer numbers, brand names (if applicable), line drawings, or photographs.

Product Images Required – Yes/No: YES

If marked “YES,” the vendor must provide color photographs, clearly depicting the items described in “APPENDIX A” of this solicitation. This requirement does not apply to Line

Items that do not reference physical products incapable of being photographed, such as training services or warranty.

Government reserves the right to disqualify offerors that do not submit all required documentation, otherwise do not comply with the above proposal restrictions, or any other requirements outlined in this document.

Additional information regarding offeror submissions may be found in Section 2, “SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE”

SECTION 4

STATEMENT OF WORK (SOW)

BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental leader in the development of policies and programs to combat international narcotics and crime. INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens. One of the many ways to effectively meet the listed goals is to collaborate with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.

1. GENERAL

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the

Department of State’s anticrime and counter-narcotics efforts. INL’s mission is to minimize the impact of international crime and illegal drugs into the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation. INL supports our partner nations on stabilization and strengthening of security institutions to build a global security capacity for combating drug trafficking and other transnational crimes such as money laundering and criminal gangs. INL also provides assistance on strengthening of justice sector institutions, which fosters promotion of good governance and respect for human rights.

2. OBJECTIVE

The objective of this SOW is to procure canine equipment for the Baja California Sur

(BCS) and Yucatan Secretariats of Public Security (SSP) Canine Units.

3. SCOPE

The scope of work consist on procuring the equipment and training aids listed in

APPENDIX A: Technical Specifications of this Statement of Work. All goods shall be new, must arrive without damages and shall meet or exceed the salient characteristics as detailed. Refurbished, recycled or used items are not acceptable.

4. DELIVERY PLACE

SSP Baja California Sur

Misioneros Combonianos S/N y Av. de los Deportistas, Colonia 3 de mayo, La Paz, Baja California Sur

C.P. 23075

SSP Yucatán

Calle 60 por 143 y 145, Colonia San José Tecoh, Mérida, Yucatan

C.P. 97298

Equipment distribution is included in APPENDIX A.

5. DELIVERY DATE

Vendor shall transport, deliver, unload, and inventory all the equipment listed in

APPENDIX A 90 days after contract award.

6. REQUIREMENTS

6.1 Delivery and Logistics: The items being acquired will be donated to the Government of Mexico – SSP BCS and SSP Yucatan Canine Units. Therefore, a donation process must be completed before delivery of any item. Once the donation process is completed, the Vendor will receive a written authorization from INL Mexico Logistics to deliver the items described in this SOW.

No item can be delivered without previous authorization and coordination with INL

Mexico Logistics. Once the Vendor gets written approval, a specific delivery date will be established. If any of the items described in this SOW is ready for delivery before the donation process is completed, Vendor will be responsible of storing the equipment at a safe facility.

6.2 Vendor must ensure all items are prepared for safe transportation once confirmation from INL Logistics is received and will be responsible of unloading. Vendor shall consolidate the entire shipment to prevent loss and misdirection. The Vendor upon notification shall replace lost or damaged items during shipment. Any costs or arrangements associated with getting the employees and equipment to the site location must be included in the cost proposal.

6.3 All the equipment requested in APPENDIX A must be procured in Mexico to eliminate potential delays during the importation process and associated taxes. This will eliminate risk of schedule delays due to importation issues. In addition, procuring the equipment from in-country resellers will ensure that the end users are able to maintain it locally and that the warranty is provided in country and in Spanish language.

6.4 Bill of materials: The Vendor must provide a detailed bill of materials to the following address: MexicoCityINLLogistics@state.gov to be verified and ratified by

INL Mexico Logistics and INL program management, at least five calendar days before transporting equipment. The list shall include: Item Description, Name of

Manufacturer, Model Number, Delivered Quantity, Warranty Beginning and

Expiration Date, Volume, Unit Price, and Extended Price.

6.5 Packing and Marking: One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one mailto:MexicoCityINLLogistics@state.gov box/carton/package, or individually attached to the outside of each box/carton/package.

6.6 Quality Assurance: If end user or INL Mexico officials find an incomplete of defective item they should immediately refrain from receiving it, and notify the

Vendor. If the Vendor fails to meet the performance standard, the U.S. Government reserves the right to take action, including a deduction from any invoice.

6.7 Project documentation: The Vendor shall provide complete documentation for all the equipment delivered under this contract to include, but not limited to: original equipment manufacturer documentation, user manuals in Spanish language, warranty and technical contact information, and commercial invoice.

6.8 Warranty: The Vendor must provide a 12-month warranty for the delivered items.

Warranty must be applicable and serviceable in Mexico. To guarantee long term warranty support in-country, the Vendor must have local representation in Mexico and be able to provide warranty support, as needed.

7. NON PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services nor for any unauthorized changes to the work specified herein. This includes any services performed by the Vendor of its own volition or at the request of an individual other than a duly appointed Contracting Officer (CO). Only a duly appointed CO is authorized to change the specifications, terms and/or conditions of this contract.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED

SECTION 5

BASIS OF AWARD AND EVALUATION CRITERIA

BASIS OF AWARD

The Government anticipates issuing a Purchase Order to the Vendor whose Quote provides the best value to the Government, price, and other factors considered.

The Government; intends to evaluate proposals and award a contract without discussions with offerors; reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary; and reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract.

BRAND NAME OR EQUAL/MEET OR EXCEED

This requirement is Brand Name or Equal, per FAR part 52.211-6 Brand Name or Equal. The items listed in the RFQ and affiliated appendices are intended to be descriptive, but not restrictive, and are to indicate the quality and characteristics of products that will be satisfactory.

Bids offering “equal” products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

AUTHORIZATIONS AND EQUIPMENT REQUIREMENTS

The seller certifies that it is an authorized distributer of the similar product being sold to the

Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).

New equipment ONLY, NO grey market or refurbished products. Items shall be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, shall be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items shall be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers shall be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller shall be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the

End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

CLIN CONSIDERATIONS

The vendor must be able to demonstrate that it has the necessary resources to provide on-time delivery at a high level of quality.

Separate awards will not be made for each system component. As such, multiple awards within each line item will not be considered; all items in a given line item will be awarded to only one vendor.

Availability of the equipment, delivery, and warranty under this RFQ will be determinant for technical acceptability.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

SECTION 6

CONTRACT CLAUSES

Clauses Incorporated by Reference

52.203-3 --Gratuities (Apr 1984)

52.203-17 --Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (June 2020)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-13 -- System for Award Management Maintenance (Oct 2018)

52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

52.217- 7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

652.219-71 – Section 8(A) Direct Awards (Aug 1999)

652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (Aug 1999)

652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States (July

1988)

652.232-70-- Payment Schedule and Invoice211 Submission (Fixed-Price) (Aug 1999)

652.247-71 – Shipping Instructions (Feb 2015)

Provisions Incorporated by Reference

52.204-7 -- System for Award Management (Oct 2018)

52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016)

52.211-6 -- Brand Name or Equal (Aug 1999)

52.212-1 -- Instructions to Offerors -- Commercial Items (June 2020)

Clauses Incorporated by Full Text

52.212-5 --Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (July 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).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(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.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 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.) Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(June 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).

X (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).

X (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]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15

U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (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.

X (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

X (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

X (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).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 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 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

(Mar2020) (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)).

X (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020)

(E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (June 202) (29

U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (June 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

X (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. chapter78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

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 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (June 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509).

(ii) 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)).

(iii) 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).

(iv) 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).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter

78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of Clause)

Provisions Incorporated by Full Text

52.209-7 -- Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

https://www.acquisition.gov/browse/index/far

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-2-- Evaluation -- Commercial Items (Oct 2014)

(a) The Government shall award a contract resulting from this solicitation to the responsible

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

offeror whose offer conforming to the solicitation shall be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government shall 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)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (June 2020)

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores

(9) PSC 9620, Minerals, Natural and Synthetic; and

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(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.

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(2) Does not include information or informational…