21Q0040.pdf
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- Attached to
- Forging Hammers
- Solicitation number
- W9098S21Q0040
About this file
This solicitation requests proposals for the provision of two forging hammers, including a larger 5000 lb equivalent hammer and a smaller 2000 lb equivalent hammer. Offerors must provide all necessary auxiliary equipment for fully operational hammers. The Army Contracting Command - Rock Island will evaluate proposals and plans to make an award without discussions by April 10, 2021. Offerors must comply with specifications in Attachment 0001 and the Contract Data Requirements List. The period of performance includes equipment delivery by late 2021 and training completion within 30 days of delivery acceptance.
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Other files
| File | Type | Posted |
|---|---|---|
| B08 - 21Q0040-0001.pdf | ||
| B08 - Attachedment 01 - RIPD.pdf | ||
| B08 - Attachedment 02 - CDRL.pdf |
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SEE ADDENDUM
(No Collect Calls)
W9098S21Q0040 11-Mar-2021
b. TELEPHONE NUMBER
309-782-5149
8. OFFER DUE DATE/LOCAL TIME
02:30 PM 10 Apr 2021
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.
W9098S9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JOHN E. JACOBSEN
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
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
ROCK ISLAND ARSENAL (ACC-RI)
3055 RODMAN AVENUE
ROCK ISLAND IL 61299-8000
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 W52H1B 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
TRANSPORTATION OFFICER, W52H1C
TRANSPORTATION OFFICER
BLDG 299, BECK AND GILESPIE
EAST END, RECG DOOR 16A
ROCK ISLAND IL 61299-5000
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333517
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 OF51
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.
W9098S21Q0040
Section SF 1449 - CONTINUATION SHEET
SOLICITATION NARRATIVE
1. The Army Contracting Command – Rock Island (ACC-RI), CCRI-AH hereby issues solicitation W9098S210Q0040 for Forging Hammers in support of the Rock Island Arsenal - Joint Manufacturing and Technology Center (RIA-JMTC). The award will be issued in accordance with FAR Part 12 (Acquisition of Commercial Items) and FAR Part 13.5 (Simplified Procedures for Certain Commercial Items).
2. The following attachments apply:
Attachment 0001 - RIPD E4000-19-1-06 (Rev2) 21 Jan 2020 Attachment 0002 – Contract Data Requirements List (CDRL)
3. All unit prices proposed will be binding. The Government reserves the right to require the submission of any data (I.e. other than cost or pricing data) necessary to validate the reasonableness of an offer.
4. Contractor responsibility will be determined as outlined in FAR 9.104-1. The Government intends to evaluate proposals and issue an award without discussions with Offerors (except for clarifications as described in FAR 15.306(a)).
5. The following timeline is based upon the contract award date and the number of calendar days between events.
Time allocations are maximums for each stage. It is acceptable to complete a stage in fewer days than shown on the timeline and move on to the next stage.
The timeline for this project is as follows:
• Contract Award
• Installation and Preparation Drawings Contract Award + 120 - calendar days
• Equipment Delivery to RIA Contract Award + 289 - calendar-days
• Machine Acceptance and Training Complete Equipment Delivery + 30 - calendar-days
• Final Acceptance Training Complete + 0 - calendar-days
Total Maximum Time from Award to Acceptance Contract Award + 319 - calendar-days
6. On time delivery is very critical. Failure to comply with the contractual delivery schedule, may result in termination of the order or require consideration if the government elects to extend delivery. The Government is not required to extend your delivery schedule if you encounter delays. The non-availability of raw materials, subcontractor issues, scheduling conflicts, etc., should be considered at the time you are submitting your offer.
They are not acceptable excuses for failing to meet the delivery after award. Ensuring that you can provide quality products that conform to the contract is just as important as meeting the required delivery schedule. Delivery of nonconforming products results in delivery delays and increased costs to the Government. Please note that if you receive this award, your performance under this contract (including timeliness of deliveries and the quality of supplies/services delivered) will be monitored and recorded by this contracting office. This information may be used to determine a record of past performance for future contract awards. Contractors/offerors that are concerned about their record of past performance may contact this office if they wish to view and discuss their records.
7. Prices shall be submitted on an F.O.B. Destination (FAR 52.247-34) basis. The item shall be shipped to Rock Island Arsenal, Illinois, 61299-5000. The actual location will be on the award document.
8. Instructions to Offerors
Proposal Format:
a. The Offeror’s proposal shall be prepared and authorized by a person(s) regularly employed by the Offeror. The proposal should state the name of each person contributing to the authorship of the proposal, the person(s) position title, phone number, and an email address of the person who should be contacted if an agreement is to be made. The proposal should be prepared in a clear, legible, practical manner. In addition, the proposal shall be written in English and should be specific and complete as described in these instructions.
b. One signed, completed copy of the Standard Form 1449 (the solicitation) in its entirety, completed Attachment 0001 as described below. Additionally, if amendments are issued, they shall be completed and signed. All documents requiring signatures shall be signed by the person authorized to enter into the agreement on behalf of the offeror shall be submitted with its proposal. Completed proposals shall be submitted to:
John Jacobsen - john.e.jacobsen16.civ@mail.mil Copy Furnish: Cathy Mendoza - cathy.k.mendoza.civ@mail.mil
Hard copy proposals will not be accepted.
It is the Government's intent to make an award under this solicitation to a responsible contractor determined to be technically acceptable IAW the criteria within the solicitation Instructions to Offerors and Evaluation Factors.
Contractor submissions should include the information relating to providing the required items per Attachment 0001, as well as addressing all of the following aspects to determine technical acceptability:
TECHNICAL
a. Each offeror shall identify the manufacture and model number of the equipment being offered. The offeror shall also identify all the options by number that are offered in order to meet this purchase description. The offeror shall also identify items that are not normally numbered for ordering such as installation, freight, and training.
b. The proposal must include a minimum warranty of one year parts and labor and will begin upon final acceptance.
c. Attachment 0001 -At the end of each and every paragraph the Offeror shall annotate “COMPLY” or “NON-COMPLY”. Other formats will not be considered acceptable. If “NON-COMPLY” is written, a brief description of the non-compliance is required.
EXPERIENCE
In the regular course of its business for a period of at least 3-yrs preceding this solicitation, the manufacturer of this equipment shall have previously supplied or offered for sale this type of equipment to industry for other than its own use. At least one of the following shall be provided as evidence:
a. PUBLISHED DATA: Each offeror shall provide a brochure, catalog, or published data describing the equipment offered.
b. REFERENCES: Each offeror shall provide contact information (including at least Company Name, Contact Name, Contact Telephone Number, and a description of the equipment the contact purchased) for minimum of (3) projects of similar scope and scaleFor projects to be considered similar means that it must have a work envelope greater than or equal to that of which is requested as part of this project. At least two confirmable successful deliveries/installations shall be required in order for the contractor to receive an acceptable rating for experience.
All submissions shall be sent electronically to Contract Specialist, John Jacobsen at:
john.e.jacobsen16.civ@mail.mil and shall be received by 2:30 PM Central Time, on the date noted on page 1, Box 8, in order to be considered for an award.
9. EVALUATION FACTORS
Each contractor's initial submission shall include all information requested by the Government at time the Government receives it. The Government is not obligated to request further information from any contractors to determine technical acceptability or responsibility, but does reserve the right to obtain additional information if determined necessary by the Contracting Officer. Award may be made without discussions.
All submittals will be subject to evaluation by Government personnel, with strict adherence to the evaluation criteria. The Government will determine responsibility by analyzing whether the potential offeror complies with the requirements at FAR Part 9.1. These factors are outlined below with the Government's criteria to determine contractors technically acceptable. Contractors must be found acceptable under both factors (Technical Capabilities and Experience) to be determined technically acceptable.
a) Technical Capabilities
b) Experience
TECHNICAL CAPABILITIES: Each bidder shall submit a package containing the following information. Failure to provide all the data required with the package may result in a bidder being considered unresponsive and eliminated from further consideration.
a. Each vendor shall provide a statement of compliance. It shall be a copy of Attachment 0001. At the end of each and every paragraph the vendor shall type or write exactly either “COMPLY” or “NON- COMPLY”. Other formats will not be considered acceptable. If “NON-COMPLY” is written, a brief description of the non-compliance is required.
b. Each vendor shall identify the manufacture and model number of the equipment being offered. The vendor shall also identify all the options by number that are offered in order to meet this purchase description. The vendor shall also identify items that are not normally numbered for ordering such as installation, freight, and training.
c. The proposal must include a minimum warranty of one year parts and labor and will begin upon final acceptance.
EXPERIENCE:
a. Each vendor bidder shall provide contact information (including at least Company Name, Contact Name, Contact Telephone Number, and a description of the equipment the contact purchased) for minimum of (3) projects of similar scope and scale. For projects to be considered similar means that it must have a work envelope greater than or equal to that of which is requested as part of this project. At least two confirmable successful deliveries/installations shall be required in order for the vendor to receive an acceptable rating for experience.
b. Each bidder shall provide a brochure, catalog, or published data describing the equipment offered.
10. Army Contracting Command Government Point of Contact (POC) Attachment.
Title Name Phone # Email Contract John Jacobsen 309-782-5149 john.e.jacobsen16.civ@mail.mil Specialist
Procuring Cathy Mendoza 309-782-1258 Cathy.k.mendoza.civ@mail.mil Contracting Officer
Branch Jeffrey S. Gollon 309-782-5369 jeffrey.s.gollon.civ@mail.mil Chief
**NOTE: Communication with the Government should start at the lowest possible level.
11. Visitor Access Request Forms and a complete list of acceptable identification can be found at https://home.army.mil/ria/ (click on Menu, then Visitor Information, and then under How to Visit Rock Island Arsenal click on the second bullet “How to obtain a visitor pass”. Then on the right side of the screen click on “Access Request Process”) or call 309-782-0551.
Forms may be emailed for faxed
All visitors must process through the Moline Visitor Center Gate (I-74) off of River Drive in Moline, IL.
Visitors (to include transportation and freight providers) will require proper identification to access RIA
POC for this Policy are: RIA Visitor Center, Phone 309-782-0551, FAX 309-782-5029, email:
usarmy.ria.imcom.mbx.usag-access-request@mail.mil
12. RECEIVING HOURS OF OPERATION:
Monday – Friday, 6:30am to 2:00pm CST Deliveries before or after the above stated hours will be turned away. Appointments are not necessary.
For Directions call: 309-782-8539 (Automated)
13. SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION
A. The complete purchase order number (starts with W9098S----) MUST be on the outside of the shipping container(s). This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.
B. A Packing List must be included with each shipment.
C. Shipment or delivery to any address other than the "ship to" address designated in the purchase order, Block 15 of the SF1449, may result in a delay in payment.
D. Any change in the "ship to" address must be approved by a written contract modification from the Contracting Officer.
(End of Notice)
14. ROCK ISLAND ARSENAL SAFETY REQUIREMENTS
A. All Contractors and Contractor personnel coming on to Arsenal Island must comply with the Rock Island Arsenal/Joint Manufacturing and Technology Center (RIA-JMTC), other Arsenal Island safety requirements and all federal, state, and local safety laws and regulations.
B. Contractors must provide their employees with, and the employees must use, all required safety equipment necessary for the work they are performing and/or the areas they are in.
C. This includes safety glasses, safety shoes, proper clothing, proper protective equipment and rigging.
D. All drivers on Arsenal Island must use seatbelts at all times when driving a motor vehicle.
E. If in doubt about any safety requirements, contact the Rock Island Safety Office Phone: 309-782-2579.
(End of Notice)
15. ROCK ISLAND ARSENAL LAW ENFORCEMENT, SECURITY, AND FIRE PREVENTION
REQUIREMENTS
A. Any contractor personnel entering Rock Island Arsenal (RIA) as a result of this order/contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer of this order/contract.
B. BADGING: ALL contractors who are performing services within the confines of Rock Island Arsenal are required to obtain a visitor badge. Contractors shall coordinate with Contracting Officer/Specialist and (if applicable) the Contracting Officer’s Representative (COR) designated for the contract/order.
C. Contractors are required to display provided visitor badges above the waist in a conspicuous place on the upper part of the body. Badges are accountable and are required by the recipient to be safeguarded at all times to prevent theft, loss of misuse by unauthorized personnel.
D. PARKING: All parking is on a first come, first served basis, provided the parking space is not posted with a reserved, visitor, or Handicapped parking sign. Parking is allowed in “marked” spaces only. All valid spaces are clearly marked with white lines on both sides of the space. Vehicles parked in other than valid spaces are subject to being issued parking tickets.
E. Contractors will not be allowed in restricted areas of the Arsenal without proper identification and authorization.
F. INSEPCTIONS: All contractor employee’s vehicles, equipment, and packages are subject to inspection or examination at entry/exit of the Arsenal.
G. SMOKING POLICY: Indoor smoking is not permitted. Outside smoking must occur at least 50 feet from any building entrance and exit.
16. PHOTOGRAPHIC EQUIPMENT RESTRICTIONS
There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes digital cameras, cell phones and PDAs with cameras. You must get permission to use any type of photographic device in any non-public area on Arsenal Island. All requests must be coordinated with the Contracting Officer’s Representative (COR) or designated Contracting Officer for this effort prior to using any photographic device.
17. CONCEALED CARRY RESTRICTIONS
Concealed carry permits do not apply on military installations. Contractors and delivery drivers shall ensure there are NO weapons or ammunition in their vehicles prior to entering the installation; a K-9 unit will find and alert if any prohibited items are detected.
END OF Addendum to 52.212-4 Contract Terms and Conditions-Commercial Items
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2 Each Forging Hammers
FFP
THIS PROJECT REQUESTS THE PROVISION AND INSTALLATION OF (2)
FORGING HAMMERS. ONE
LARGER 5000 LB EQUIVALENT HAMMER AND ONE SMALLER 2000 LB
EQUIVALENT HAMMER. THIS PROJECT WILL INCLUDE ANY
AUXILIARY EQUIPMENT NECESSARY TO HAVE FULLY OPERATIONAL
HAMMERS. UNIT COST IS VARIABLE. PLEASE SEE ATTACHMENT 0001
FOR DETAILS
RIA INTERNAL INFO
LMP PR 71342625
Project: D12
QA: NA
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PSC CD: 3446
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
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
PROVISIONS INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data
OCT 2010
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certification
June 2020
52.232-31 Invitation to Propose Financing Terms MAY 2014
PROVISIONS INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
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 Items. 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)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ms. Cathy Mendoza, Contracting Officer, Army Contract Command – Rock Island IL (ACC-RI)(CCRI-AH), cathy.k.mendoza.civ@mail.mil.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil (End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (Nov 2020)
a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
ADDENDUM TO 52.212-4
ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUNE 2020 52.203-12 Limitation on Payments to Influence Certain Federal
Transactions
JUNE 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
May 2011
52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of representations and Certifications. DEC 2014
52.211-17 Delivery of Excess Quantities SEP 1989 52.223-5 Pollution Prevention and Right-to-Know Information- Basic MAY 2011 52.219-14 Limitations on Subcontracting JAN 2017 52.225-5 Insurance- Work on a Government Installation JAN 1997 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-5 Payment to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy Jul 1995 52.243-1 Changes – Fixed Price AUG 1987 52.243-7 Notification of Changes JAN 2017 52.246-2 Inspection of Supplies- Fixed Price- Basic AUG 1996 52.253-1 Computer Generated Forms JAN 1991 52.246-16 Responsibility for Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative Dec 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7021 Cybersecurity Maturity Model Certification Requirements NOV 2020
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENT NOV 2020
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or
Hazardous Materials- Basic
SEP 2014
252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.225-7013 (dev) Duty Free Entry JUL 2020 252.225-7048 Export-Controlled Items JUN 2013 252.243-7001 Pricing of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
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 will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
END OF ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (DEVIATION 2020-O0008)
MAR 2020
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7008 Only One Offer JUL 2019
252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
JUL 2019
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7021 (Dev) Trade Agreements - Basic (DEVIATION 2020-O0019) JUL 2020 252.225-7052 (Dev) Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (DEVIATION 2020-O0006)
OCT 2020
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7007 Contractor Counterfeit Electronic Part Detection and
Avoidance System
AUG 2016
252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2021)
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. 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.
"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 the field of operation in which it is bidding on Government contracts, 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 $750,000 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.
"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 the 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.
(b)
(1) Annual Representations and Certifications.
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