2.04 RFQ N0018923Q0289.pdf

SEE ADDENDUM

(No Collect Calls)

N0018923Q0289 07-Jun-2023

b. TELEPHONE NUMBER

757-443-1348

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Jul 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001899. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DEBORAH D. BRETT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1301056078

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN:D BRETT

1968 GILBERT STREET STE 600

NORFOLK VA 23511-3392

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

757-443-1333FAX:

TEL: 757-443-1348 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018923Q0289

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Delivery of Supplies

FFP

Attachment 3- Material Pricing Submission, prices shall be proposed for each year of the ordering period. The Firm- Fixed Price unit pricing submitted in this Attachment will be incorporated into the resultant contract as the unit prices and shall be utilized at the Task Order level FOB: Destination

NSN: 897501E082778

BRAND NAME/SOLE SOURCE: BN

MILSTRIP: S0000023PR00003

PURCHASE REQUEST NUMBER: 1301056078

PSC CD: 8975

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lot Delivery of Supplies FAR 52.217-8

FFP

Attachment 3- Material Pricing Submission, prices shall be proposed for each year of the ordering period. The Firm- Fixed Price unit pricing submitted in this Attachment will be incorporated into the resultant contract as the unit prices and shall be utilized at the Task Order level FOB: Destination

NSN: 897501E082778

BRAND NAME/SOLE SOURCE: BN

MILSTRIP: S0000023PR00003

PURCHASE REQUEST NUMBER: 1301056078

PSC CD: 8975

MAX

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

31-JUL-2028

N/A N/A

FOB: Destination

1001 POP 01-AUG-2028 TO

28-FEB-2029

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 ENTITLED “INSTRUCTIONS TO QUOTERS – COMMERCIAL ITEMS”

The Government will award a commercial Firm-Fixed-Price (FFP) IDR contract with Economic Price Adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12 – Acquisition of Commercial Items, FAR Part 13 - Simplified Acquisition Procedures, and FAR Subpart 16.5 – Indefinite-Delivery Contracts. Award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing the Lowest Price Technically Acceptable (LPTA) Source Selection process. The quote shall be in the form prescribed by, and shall contain a response to each of the areas identified in the Addendum to FAR 52.212-1, Instructions to Quoters, of the solicitation. Therefore, the initial quote should contain the quoter’s best terms from Technical and Price.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

I. GENERAL

1) Quoters shall respond to all requirements of the solicitation document. Quoters are cautioned not to alter the solicitation. Hand-carried quotes are not authorized and will not be accepted. Each page of each copy shall be affixed with the following legend:

Source Selection Information - See FAR 2.101 and 3.104

2) In the event any person who is not a bona fide employee of the quoter participated in the creation, formulation or writing of any portion of the quote, a certificate to this effect shall be included in the quote which shall be signed by an officer of the quoter. Such certificates shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the quoter, and the portion of the quote in which the person participated.

3) QUESTIONS: In order to ensure that all questions submitted by potential quoters are answered prior to the solicitation closing date, questions concerning the solicitation should be submitted via email to the to the Contract Specialist, Deborah Brett, at Deborah.d.brett.civ@us.navy.mil, and the Contracting Officer, Antonio Smith, at Antonio.o.smith2.civ@us.navy.mil NO LATER THAN 11:00 AM, Eastern Standard Time (EST), on 16 June 2023. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, quoters are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible.

4) Quotes shall be submitted via email to Deborah Brett at Deborah.d.brett.civ@us.navy.mil and Antonio Smith, at Antonio.o.smith2.civ@us.navy.mil no later than 10:00 AM, Eastern Time on 10 July 2023.

Quoteres shall comply with the detailed instructions for the format and content of the quote contained herein; quotes that do not comply may be considered unacceptable and may render the quote ineligible for award.

II. REQUIREMENTS FOR QUOTER FORMAT:

(1) Introduction and Purpose: This section specifies the format that quoters shall use in this Request for Quotes

(RFQ). The intent is not to restrict the quoters in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

(2) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

Title of the Quote Volume Number (I or II) Request for Quote (RFQ) Number Name and Address of quoter, Point of Contact Information (Name, Phone Number, Email

Address), Cage Code, DUNS and applicable Tax I.D. Number (TIN) Quote validity period for 180 days from solicitation closing

(3) Requirements for Style: Each quoter shall submit a quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFQ. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired.

(4) Quoter Page Limitations:

Title Quoted Quantities Page Limit Volume I: Factor I –Technical Acceptability 1 Electronic Submission 10 Pages

Volume I: Factor II – Small Business Participation Plan 1 Electronic Submission 10 Pages

Volume II: Factor II - Price Quote 1 Electronic Submission NO LIMT

These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics.

Graphics (including tables) in the quote may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½" x 11", with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The quoter is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, table of contents, tabs, and dividers. Pages submitted in excess of the page limitations described within will not be evaluated.

The Price Quote is not page limited; however, the Price Quote is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the Quote.

Note: If the Quoter is a large business, and no subcontracting opportunities are available the quoter shall indicate their inability to offer subcontracting opportunities with an explanation of why no subcontracting opportunities exist.

III. QUOTE CONTENT

Volume I – Non-Price Quote

Factor I: Technical Submission

Quoters shall provide a technical submission that demonstrates a complete understanding of and the capability to provide ALL supplies detailed in the PWS.

The quoter shall provide signed proof/verification that they have the required certification from the manufacturer to resell the brand name supplies as identified in the PWS. The proof/verification shall be in the form of any electronic documentation that proves Vendor’s ability to resell required supplies

The proof/verification shall also include the following: Company’s Name, manufacturer logo, Name and Title of manufacture signee.

Factor II – Small Business Participation Plan (for other-than-small businesses only)

Each quoter that is not a small business shall provide a Small Business Subcontracting Plan that contains all elements required by FAR clause 52.219-9 Alt II (Deviation), and as supplemented by DFARS clause 252.219- 7003, by the closing date and time of this solicitation. The small business subcontracting plan is not an evaluation factor and will not be evaluated as part of the informal source selection process. The Small Business Subcontracting Plan must be determined to be acceptable by the contracting officer in order for the quoter to be eligible for contract award in accordance with FAR 19.702(a)(1). If the apparently successful quoter fails to have a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the quoter will be ineligible for award. If the contracting officer accepts the Small Business Subcontracting Plan, it will become part of the contract. Quoters are permitted to submit a master subcontracting plan as long as it is created in accordance with FAR 19.701 and FAR 19.704(b). Small Business Subcontracting Plans are not required from quoters that qualify as small business concerns under NAICS code 339999 with a size standard of 500 (Size standards in number of employees). It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable; for other than-small prime contractors, the Small Business Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars. Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for small businesses, small disadvantaged businesses, woman-owned small businesses, HUBZone small businesses, veteran-owned small businesses, and service-disabled veteran-owned small businesses.

Volume II: Price Quote

1. Factor II: Price

This volume shall include completed solicitation documents and additional supporting documentation described below:

1. A complete and signed SF1449 (Solicitation/Contract/Order for Commercial items) and executed copy of Amendments, if applicable, completed by the quoter;

2. Quoter Section - Schedule of Supplies/Services - completed by the quoter; and Utilizing Attachment 3- Material Pricing Submission, prices shall be proposed for each year of the ordering period. The Firm- Fixed Price unit pricing submitted in this Attachment will be incorporated into the resultant contract as the unit prices and shall be utilized at the Task Order level. All Firm Fixed Price unit pricing used to price task orders shall be in accordance with Attachment 3- Material Pricing Submission of the contract and will not exceed the quoted prices.

3. A completed and signed Page 1 of the solicitation and a completed and signed Page 1 of any amendments.

4. Unless completed in SAM, RFQ, Representations, Certifications and Other Statements of Quoters completed by the quoter.

5. Subcontracting Plan - In accordance with FAR 19.702(a)(1), the Contracting Officer shall review the quoter’s Subcontracting Plan if the Quoter is a large business. The quoter shall have an acceptable Subcontracting Plan with the Contracting Officer prior to award. Failure to have an acceptable Subcontracting Plan will make the quoter ineligible for award. Any and all subcontractors shall be identified and priced in the submission. Subcontractors (regardless of dollar value) shall be adequately documented. Subcontractor price information may be submitted separately.

The completion and submission of the above items will constitute a quote and will indicate the quoter’s unconditional assent to the terms and conditions of this RFQ and any attachments and/or exhibits hereto. All price and price supporting information shall be contained in the Price Quote. No price or pricing information shall be included in any other volume, including cover letters. Quoters are responsible for submitting sufficient information to enable the Government to fully evaluate their price quote.

Quoters responding to this solicitation are advised that, prior to award, the Government may request quoters to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price lists with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

52.212-2 Evaluation - Commercial Items NOV 2021

ADDENDUM TO FAR 52.212-2

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL ITEMS:

The Government will award a commercial Firm-Fixed-Price (FFP) IDR contract with Economic Price Adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12 – Acquisition of Commercial Items, FAR Part 13 - Simplified Acquisition Procedures, and FAR Subpart 16.5 – Indefinite-Delivery Contracts Award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered; The following factors will be used to evaluate quotes: Technical and Price. The Government will utilize a Lowest Price Technically Acceptable (LPTA) informal source selection process in accordance with FAR 13.106 Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation. and FAR Subpart 16.5 –– Indefinite–Delivery Contracts.

Each quoter should submit its most favorable terms from a technical and price standpoint. The Government will conduct a Lowest Price Technically Acceptable (LPTA) informal source selection. To determine LPTA, the Government will place all quotes in order of lowest total price to highest total price. Award will be made to the lowest priced quoter found to be Acceptable with respect to Technical and Price. The selection of a quoter for award will be conducted in two phases:

Phase I will consist of the evaluation of Factor I – Technical. If the quoter receives a rating of “Acceptable” for Factor I – Technical the quoter will proceed to Phase II of the evaluation (i.e., evaluation of Factor 3 – Price). If the quoter receives a rating of “Unacceptable” for Factor I – Technical, the quoter will be considered un-awardable and will not be further evaluated. Thereafter, the next lowest total price quote will be evaluated for acceptability in accordance with the evaluation criteria established in the solicitation. The evaluation process will continue (in order of price from lowest to highest) until a quote is evaluated to have an overall Factor I: Technical rated “Acceptable”.

Quotes will be evaluated for acceptability. Selection of a vendor for award will be based on two parts, as follows:

Technical Acceptability (Acceptable/Unacceptable) Subcontracting Plan (Acceptable/Unacceptable)

Price

In order to be considered awardable, quotes must receive an overall rating of ‘Acceptable’ for the non-price quotes.

Non-Price Quote Evaluation Criteria:

The Non-Price quote is comprised of the following Factors: Factor I – Technical Acceptability and Factor 2- Subcontracting Plan

1. Factor I - Technical Acceptability

An acceptable quote must be able to demonstrate that it possesses the required certification from the manufacturer to resell the brand name supplies as identified in the PWS. If it does not successfully demonstrate that it has the certification, it is ineligible for award.

Factor I will be evaluated based on Acceptable or Unacceptable basis IAW Table 1 below.

Table 1 –Technical Acceptable/Unacceptable Ratings Table Technical Ratings Rating Description Acceptable Quoter clearly meets the minimum requirements of the solicitation.

Unacceptable Quoter does not clearly meet the minimum requirements of the solicitation.

NOTE: A rating of “Unacceptable” for Factor I means that the quoter’s quote is not awardable and is not susceptible to correction without what would be tantamount to the submission of an entirely new quote.

Factor II – Small Business Participation Plan (All Quoters This is NOT an evaluation factor) The contracting officer will evaluate each quoter’s Small Business Participation Plan as follows:

1. The extent to which small business concerns are specifically identified; The extent of commitment to use small business concerns

2. Provide any information substantiating the quoter’s track record of utilizing small business on past contracts in detail. Include, at a minimum, two most recent Summary Subcontract Reports (SSR) from eSRS.

3. The extent of participation of small business concerns in terms of the value of the total acquisition

The quoter’s small business participation plan factor will be evaluated on an acceptable/unacceptable basis in accordance with the Small Business Participation Plan Table 2 provided below.

Table-2 Small Business Participation Plan Acceptable/Unacceptable Ratings Table Ratings

Small Business Participation Plan Ratings Rating Description Acceptable Quoter clearly meets small business objectives.

Unacceptable Quoter does not clearly meet the small business objectives.

Small Business Subcontracting Plan (for other-than-small businesses only). This is NOT an evaluation factor.

The Small Business Subcontracting Plan requirement is mandatory for award to a large business. Each large business quoter’s Small Business Subcontracting Plan will be reviewed in accordance with FAR clause 52.219-9 Alt II (Deviation), Small Business Subcontracting Plan. The plan will be reviewed for acceptability. The apparently successful quoter shall have an acceptable subcontracting plan with the contracting officer prior to award.

Failure to have an acceptable subcontracting plan will make the quoter ineligible for award. The plan will be incorporated into any resultant contract.

Price Quote Evaluation Criteria:

The Price quote is comprised of Factor II – Price.

Factor II – Price:

The Government will evaluate price quotes in accordance with FAR 13.106 Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation. The Government will combine all CLINs’ prices in determining the price of the quotes. The Government may evaluate any and all information submitted by the quoter to support the reasonableness of the prices quoted. The quoters are required to complete the Attachment 3- Material Pricing Submission, and any information such as commercial pricing listings or any information, which can be used in evaluating the submitted pricequote. The method of price evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

Evaluation of Options

The option at FAR clause 52.217-8 will be evaluated pursuant to solicitation provision FAR 52.217-5, Evaluation of Options. The Government will evaluate proposals for award purposes by adding the total price for the option to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option price is significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option.

Written Notice

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

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.213-1 Fast Payment Procedure MAY 2006 52.219-9 Alt II Small Business Subcontracting Plan (OCT 2022) Alternate II NOV 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Alt II Transportation of Supplies by Sea (JAN 2023) Alternate II JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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 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 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.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

Zone Delivery Time Minimum Order ZoneG 3 Days $300.00 ZoneH 4 Days (to Post Office) $200.00 Zone I 5 Days $500.00 Zone I* Per DGAR Voyage Schedule 1 - 20 Ft Full Container (10 Pallets)

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantit within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall withm the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014)

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;

(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 -

(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)).

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

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 124.1002, 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 -

(i) One or more socially disadvantaged (as defined at 13 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 $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(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 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 least 51 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)(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) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror…