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W911PT21Q0075
Section SF 30 - BLOCK 14 CONTINUATION PAGE
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice and Receiving Report (Combo)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
N/A
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| HQ0303 |
| Issue By DoDAAC |
| W911PT |
| Admin DoDAAC** |
| W911PT |
| Inspect By DoDAAC |
| W16H1F |
| Ship To Code |
| W16H1F |
| Ship From Code |
| N/A |
| Mark For Code |
| N/A |
| Service Approver (DoDAAC) |
| N/A |
| Service Acceptor (DoDAAC) |
| N/A |
| Accept at Other DoDAAC |
| N/A |
| LPO DoDAAC |
| N/A |
| DCAA Auditor DoDAAC |
| N/A |
| Other DoDAAC(s) |
| N/A |
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Brianne M. Denofio, 518-266-4644, brianne.m.denofio.civ@mail.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section SF 1449 - CONTINUATION SHEET
EXHIBIT A
CONTRACT DATA REQUIREMENT LIST – DD Form 1423 Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.
A. CONTRACT LINE ITEM NO.: 0001
B. EXHIBIT: A
C. CATEGORY
D. SYSTEM/ITEM
E. CONTRACT/PR NO.:
F. CONTRACTOR
1. DATA ITEM NO: A001
2. TITLE OF DATA ITEM: Test/Inspection Report
3. SUBTITLE: Inspection Records – First Article Sample (CN 3)
4. AUTHORITY: DI-NDTI-80809B
5. CONTRACT REFERENCE: First Article Clause
6. REQUIRING OFFICE: TAWV-ODQ-M
7. DD250 REQUIRED: *See Block 16
8. APP CODE:
9. DISTRIBUTION STATEMENT REQUIRED: N/A
10. FREQUENCY: ONE/P
11. AS OF DATE:
12. DATE OF FIRST SUBMISSION: With First Article
13. DATE OF SUBSEQUENT SUBMISSIONS: With First Article
14. DISTRIBUTION:
A. ADDRESSEES: As specified in contract or purchase order
B. COPIES:
DRAFT: 0
FINAL: 1
15. TOTAL: 1
16. REMARKS: Delete paragraph 10.2 of referenced DID (Block 4). Submit WVA Form 702-61-R-E showing results of inspections. Also submit DD Form 1222. Computerized versions of these forms may be used with prior approval of the procuring office. See QAP-APPX-WVA paragraph 10 for requirements. * Inspection/acceptance requirements specified in the contract. Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.
17. PRICE GROUP:
18. ESTIMATED TOTAL PRICE:
19. CCTA-HDW, FAX NUMBER: 518-266-5602
G. PREPARED BY:
H. DATE:
I. APPROVED BY: William Potter, TAWV-ODQ-M J. DATE: 14 July 2016
CONTRACT DATA REQUIREMENT LIST – DD Form 1423 Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.
A. CONTRACT LINE ITEM NO.: 0001 OR 0002
B. EXHIBIT: A
C. CATEGORY
D. SYSTEM/ITEM
E. CONTRACT/PR NO.:
F. CONTRACTOR
1. DATA ITEM NO: A002
2. TITLE OF DATA ITEM: Certification/Data Report
3. SUBTITLE: Certificate of Conformance (COC), General Application (CN 5)
4. AUTHORITY: DI-MISC-80678
5. CONTRACT REFERENCE: QAP-APPX-WVA and specific drawing requirement
6. REQUIRING OFFICE: TAWV-ODQ-M
7. DD250 REQUIRED: No
8. APP CODE:
9. DISTRIBUTION STATEMENT REQUIRED: N/A
10. FREQUENCY: With Each Submission
11. AS OF DATE:
12. DATE OF FIRST SUBMISSION: With First Shipment
13. DATE OF SUBSEQUENT SUBMISSIONS: With Each Shipment
14. DISTRIBUTION:
A. ADDRESSEES: DEPARTMENT OF THE ARMY, Attn: TAWV-ODQ-M Bldg. 35-E, Watervliet Arsenal, 1 Buffington Street, Watervliet NY 12189-4000
B. COPIES:
DRAFT: 0
FINAL: 1
15. TOTAL: 1
16. REMARKS: Delete paragraph 10.3, 10.4 of referenced DID (Block 4). See QAP-APPX-WVA paragraph 4.6 for the general requirement. The COC will also contain specific reference to any appropriate material, fabrication method or heat treat process characteristic. Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.
17. PRICE GROUP:
18. ESTIMATED TOTAL PRICE:
19. CCTA-HDW, FAX NUMBER: 518-266-5602
G. PREPARED BY:
H. DATE:
J. DATE: 9 May 2013
CONTRACT DATA REQUIREMENT LIST – DD Form 1423 Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.
A. CONTRACT LINE ITEM NO.: 0001 OR 0002
B. EXHIBIT: A
C. CATEGORY
D. SYSTEM/ITEM
E. CONTRACT/PR NO.:
F. CONTRACTOR
1. DATA ITEM NO: A003
2. TITLE OF DATA ITEM: Test/Inspection Report
3. SUBTITLE: Inspection Records, Production Components (CN12)
4. AUTHORITY: DI-NDTI-80809B
5. CONTRACT REFERENCE: QAP-APPX-WVA
6. REQUIRING OFFICE: TAWV-ODQ-M
7. DD250 REQUIRED: No
8. APP CODE:
9. DISTRIBUTION STATEMENT REQUIRED: N/A
10. FREQUENCY: With Each Submission
11. AS OF DATE:
12. DATE OF FIRST SUBMISSION: With First Shipment
13. DATE OF SUBSEQUENT SUBMISSIONS: With Each Shipment
14. DISTRIBUTION:
A. ADDRESSEES: DEPARTMENT OF THE ARMY, Attn: TAWV-ODQ-M Bldg. 35-E, Watervliet Arsenal, 1 Buffington Street, Watervliet NY 12189-4000
B. COPIES:
DRAFT: 0
FINAL: 1
15. TOTAL: 1
16. REMARKS: Delete paragraph 10.2 through 10.2.8 of referenced DID (Block 4).
Submit all records for production components. See QAP-APPX-WVA paragraph 4.2 and 4.5 for the requirement.
Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.
17. PRICE GROUP:
18. ESTIMATED TOTAL PRICE:
19. CCTA-HDW, FAX NUMBER: 518-266-5602
G. PREPARED BY:
H. DATE:
J. DATE: 9 May 2013
ATTACHMENT A
THIS TDP DOES NOT CONTAIN A SPECIFICATION OR STANDARD REQUIRING THE USE OF A CLASS I COC OR A CONTRACTUAL REQUIREMENT THAT CAN BE MET ONLY THROUGH USE OF SUCH A SUBSTANCE.
| DRAWING |
| REV |
| DATE |
| TITLE |
| 11579763 |
| AA |
| 200317 |
| GENERAL DATA FOR CONTAINER CONSTRUCTION WITH LENGTHWISE SKIDS (PLYWOOD SIDES) |
QAP-APP-WVA
| 010301 |
| GENERAL QUALITY ASSURANCE PROVISIONS |
| QAP 167917 |
| R |
| 030211 |
| QUALITY ASSURANCE PROVISIONS, SHIPPING CONTAINERS AND SKIDS (WOOD) |
ADDITIONAL DRAWINGS/DOCUMENTS
| DRAWING # |
| REV |
| DATE |
| TITLE |
| 11579765 Sh1 |
| E |
| 920901 |
| CONTAINER, CANNON FOR CANNON, 120MM GUN, M256 |
| 11579765 Sh2 |
| D |
| 870610 |
| CONTAINER, CANNON FOR CANNON, 120MM GUN, M256 |
| 11579765 Sh3 |
| C |
| 920901 |
| CONTAINER, CANNON FOR CANNON, 120MM GUN, M256 |
| 11579765 Sh4 |
| D |
| 870610 |
| CONTAINER, CANNON FOR CANNON, 120MM GUN, M256 |
MILITARY/FEDERAL SPECIFICATIONS/STANDARDS
| NUMBER |
| REV |
| AMD |
| NOT |
| DATE |
| TITLE |
| MIL-C-104 |
| C |
| 1 |
| 090519 |
| CRATES, WOOD: LUMBER AND –PLYWOOD SHEATHED, NAILED, AND BOLTED-Cancelled No Replacement |
| MIL-S-21041 |
| C |
| 4 |
| 140903 |
| SLOTTED METAL FRAMING, ANGLES AND PANELS |
| MIL-DTL-13931 |
| J |
| 141106 |
| CANNON: GENERAL SPECIFICATION FOR. |
| MMM-A-100 |
| Canceled |
| 1 |
| 960523 |
| ADHESIVE, ANIMAL GLUE (USE A-A-3001) |
| FF-N-105 |
| Canceled |
| 012997 |
| NAILS, BRADS, STAPLES AND SPIKES: WIRE, CUT AND WROUGHT (REFER TO ASTM F1667) |
| FF-B-575 |
| C |
| 2 |
| 131009 |
| BOLT, HEXAGON AND SQUARE |
| A-A-208 |
| D |
| 131001 |
| INK, MARKING, STENCIL, OPAQUE (POROUS AND NON-POROUS SURFACES). |
| A-A-3001 |
| Canceled |
| 3 |
| 010213 |
| ADHESIVE, POLYVINYL ACETATE EMULSION, WOOD AND PLASTIC (USE ASTM D4317) |
| MS27183 |
| J |
| 2 |
| 180919 |
| WASHER, FLAT (ROUND, STEEL, CADNIUM PLATED) GENERAL PURPOSE |
| MS35751 |
| Canceled |
| 062299 |
| BOLT, SQUARE NECK, ROUND HEAD (CARRIAGE), STEEL, CADNIUM OR ZINC PLATED, UNC-2A (SUPERSEDED BY NASM35751) |
| MS51967 |
| D |
| 5 |
| 190212 |
| NUT, PLAIN, HEXAGON-CARBON STEEL, CADNIUM PLATED, UNC-2B (IN./MM) |
DOD-STD-100
MIL-HDBK-7
MIL STD-130
Canc
B N
121401
070329 190826 STANDARD PRACTICE FOR ENGINEERING DRAWINGS (REFER TO ASME Y14.100, ASME Y14.24, ASME Y14.35M, ASME Y14.34M)
LUMBER & ALLIED PRODUCTS
IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY
INDUSTRY STANDARDS
| SOCIETY/NUMBER |
| YEAR |
| TITLE |
| ASME Y14.24 |
| 20 |
| TYPES AND APPLICATIONS OF ENGINEERING DRAWINGS |
| ASME Y14.34 |
| 13(R2018) |
| ASSOCIATED LISTS |
| ASME Y14.35 |
| 14(R2019) |
| REVISION OF ENGINEERING DRAWINGS AND ASSOCIATED DOCUMENTS |
| ASME Y14.100 |
| 17 |
| ENGINEERING DRAWING PRACTICES |
| ASTM F1667 |
| 20 |
| STANDARD SPECIFICATION FOR DRIVEN FASTENERS: NAILS, SPIKES, AND STAPLES |
| ASTM D4317 |
| 16 |
| STANDARD SPECIFICATION FOR POLYVINYL ACETATE-BASED EMULSION ADHESIVES |
AIA/NAS NASM35751
ASTM D6199
ASME Y14.5
BOLT, SQUARE NECK, ROUND HEAD (CARRIAGE) STEEL, CADNIUM OR ZINC PLATED, UNC-2A Rev 2 Standard Practice for Quality of Wood Members of Containers and Pallets Dimensioning and Tolerancing
INSPECTION/ACCEPTANCE CRITERIA
PLACE OF INSPECTION AND ACCEPTANCE
Government inspection/acceptance will be made by the authorized Government Representative located at:
| Inspection | Acceptance | |
| [X] Watervliet Arsenal | [X] Watervliet Arsenal | |
| [ ] Contractor’s Plant | [ ] Contractor’s Plant |
GENERAL QUALITY ASSURANCE PROVISIONS (Jun 1996) (ACC-WRN(WVA))
Contractor requirements and inspection provisions are required in accordance with QAP-APPENDIX-WVA and the item QAP(s) (if applicable).
(END OF CLAUSE)
52.246-15 CERTIFICATE OF CONFORMANCE (Apr 1984)
52.209-4 Alt I -- First Article Approval -- Government Testing (Sep 1989)
(a) The Contractor shall deliver __One Container _unit(s) of Lot/Item 0001 within 120 calendar days from the date of this contract to the Government at _
WATERVLIET ARSENAL
VENDOR QUALITY & GAGE CALIBRATION WORK GROUP
BLDG #35E, ATTN: TAWV-ODQ-M
WATERVLIET, NY 12189-4050
for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, the Contractor --
(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and
(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.
(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.
(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for
(1) progress payments, or
(2) termination settlements if the contract is terminated for the convenience of the Government.
(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.
(j) The Contractor shall produce both the first article and the production quantity at the same facility.
EVALUATION OF NECESSITY FOR FIRST ARTICLE AND COST RELATED THERETO (Feb 1992) (ACC-WRN(WVA))
a. The requirement entitled First Article Inspection as provided in Section E of this solicitation may be waived by the government under the following conditions, all inclusive:
(1) The offeror has had a First Article approved by the government and/or has produced the same or similar item within the past 12 months from the date set for submission of offers. (In case of forging performs, tube forgings and breech ring forgings, the 12 month figure is changed to 36 months), and
(2) There have been no significant changes in processes or applicable specifications and/or drawings, concerning the item being solicited, and
(3) Production deliveries on the offeror’s most recent contract for the same or a similar item did not include non-conforming material delivered to Watervliet Arsenal, or destination. (If the non-reported discrepant condition(s) are considered minor by Watervliet Arsenal, this condition may be waived.)
NOTE: The determination as to significant changes, similar items, and minor condition(s) will be at the sole election of the Watervliet Arsenal.
If the offeror wants to be considered for waiver, the offeror shall furnish in the space provided below information relative to the prior approval:
CONTRACT NUMBER: _________________
DATE OF APPROVAL: __________________
b. In evaluating offers herein, the sum of $ 1,200.00______, which represents the cost to the government for performing First Article testing, will be added to the total price of those offers for which such testing cannot be waived in accordance with the criteria set forth above.
c. Where alternate offers are permitted in Section B, for First Article required and First Article waived, award may be made, in the government’s best interest, for EITHER item after application of the evaluation factors set forth herein. Offeror’s are cautioned that failure to provide a price for the line item which includes the First Article Test may result in the loss of an award if the government is unable to waive the First Article Requirement. (END OF PROVISION).
COMMERCIAL NARRATIVES
REQUEST FOR QUOTE RESPONSES
ALL RESPONSES MUST BE ELECTRONIC. YOU MUST SUBMIT YOUR QUOTE RESPONSES USING
THE FOLLOWING METHODS:
1. Email to: brianne.m.denofio.civ@army.mil
1. Request for Quotes must be filled out completely and sent in its entirety to be considered responsive.
DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA PACKAGE
(a) This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.
(b) To be eligible to gain access to this export controlled TDP (via FedBizOpps) an offeror must have a current DD 2345, “Militarily Critical Technical Data Agreement” certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, go to http://www.dlis.dla.mil/jcp/, click on documents, and follow instructions provided. Processing time is estimated at six (6) to ten (10) weeks after receipt. FBO will allow access to export controlled TDPs once certification is confirmed. Upon receipt of certification, an offeror may request the TDP in accordance with the instructions stated in the solicitation's Section C.
(c) Upon completion of the purposes for which Government Technical Data has been provided, the offeror, and all subcontractors, vendors, and sub-vendors of the offeror, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed.
(d) Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.
Disclosure of Unit Price Information (Jun 2004) (ACC-WRN (WVA)) This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.
NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS
(a) IMPORTANT DELIVERY/QUALITY REQUIREMENTS:
(1) ALL OFFERORS MUST CAREFULLY REVIEW THE DELIVERY REQUIREMENT IN THE REQUEST FOR QUOTE OR SOLICITATION. WHEN SUBMITTING AN OFFER/BID, PLEASE ENSURE THAT YOU CAN MEET THE DELIVERY SCHEDULE.
(2) ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST ADHERE TO THE DELIVERY REQUIREMENTS INDICATED IN ANY RESULTANT AWARD. 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. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid. They are not acceptable excuses for failing to meet the delivery after award).
(3) PROVIDING QUALITY PRODUCTS THAT CONFORM TO THE CONTRACT ARE JUST AS IMPORTANT AS MEETING THE REQUIRED DELIVERY. DELIVERY OF NON-CONFORMING PRODUCTS RESULTS IN DELIVERY DELAYS AND INCREASED COSTS TO THE ARSENAL.
(4) PAST PERFORMANCE FOR QUALITY AND DELIVERY MAY BE A MAJOR CONSIDERATION IN MAKING DETERMINATIONS FOR FUTURE CONTRACT AWARDS.
NOTICE: Throughout this document we may use the terms “we” and “you”, the term “we” means the government of the United States of America, and the term “you” means the contractor.
(b) WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS:
“Watervliet Arsenal Information for Contractors” document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.wva.army.mil/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available.”
POC - CONTRACT SPECIALIST/BUYER: Brianne M. Denofio
TELEPHONE NUMBER: 518-266-4644
E-MAIL ADDRESS: brianne.m.denofio.civ@army.mil
CONTRACTOR DUNS NUMBER/CAGE CODE/FAX NUMBER:
Please provide the following information for your company.
VENDOR NAME: _________________________
VENDOR POC: __________________________
POC PHONE: ____________________________
E-MAIL ADDRESS (see note below): __________________________
DUNS NUMBER _______________________
CAGE CODE (if known) __________________
TAX ID NUMBER ________________________
VENDOR FAX NUMBER ________________
NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be data faxed.
(c) AWCF BULK FUND _X_ DOES ___ DOES NOT APPLY
(d) POSTERS:
(1) Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000/Service Contract Labor Standards. Orders subject to these Acts require contractors to post WH Publication 1313, “Employee Rights on Government Contracts”.
(2) Construction Orders. Orders for construction require contractors to post WH Publication 1321, “Employee Rights under the Davis Bacon” and the Office of Federal Contract Compliance poster on “Equal Employment Opportunity is the Law.”
(3) These posters can be accessed electronically at http://www.dol.gov .
(4) Hard copies of the posters will be made available upon request to the contracting officer.
(e) PAYMENTS:
Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the “my invoice” system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service.
(f) RELEASE OF INFORMATION:
The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor’s responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www.usapa.army.mil/pdffiles/r360_1.pdf
TECHNICAL DATA PACKAGE INFORMATION
The following “X”d item applies to this solicitation:
[ ] 1. There is no Technical Data Package (TDP) included with this solicitation.
[X] 2. The TDP for this solicitation resides within betaSAM (https://www.beta.SAM.gov), associated with this solicitation number, and can be accessed via this URL: Attached in Sam
-1-
To access the data through betaSAM:
a. Log on to the betaSAM web site.
b. Search for the solicitation number.
c. The solicitation and TDP documents will be attached in the “Attachments/Links” section of the posting. Access to documents in this section will be marked either “Public” or “”Controlled”
d. Public documents can be viewed right away. To access controlled documents, click on the document link and select “Request Access.” This will generate an email to the contracting specialist or contracting officer responsible for the solicitation to notify them a contractor is requesting access. Access will be granted to contractors with an active DD2345 on file. betaSAM will subsequently automatically generate an email stating when the requesting contractor has permission to view or download TDP items. Allow two (2) to three (3) working days to complete this TDP access/approval process through the betaSAM system.
f. If multiple individuals in the contractor’s organization need access to the Technical Data Package (TDP) for a solicitation and an explicit access request is required, each individual MUST submit an explicit access request to be granted approval to view the TDP. Those same individuals MUST be registered in betaSAM. Any individuals no longer with the company should be deleted.
g. It is strongly suggested that contractors submit the explicit access request and provide the buyer with the completed “Use and Non-Disclosure Agreement” at the same time if the solicitation requires both to gain access to view the TDP.
ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES
(a) The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 “Personal Identity Verification of Contractor Personnel”) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
(b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management.
(c) For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.
DELIVERY INFORMATION (FEB 2020) (ACC-WVA)
1. Effective 1 March, 2020, all commercial carriers must request an appointment for delivery to Watervliet Arsenal through the Carrier Appointment System (CAS). Carriers can register for CAS at https://eta.sddc.army.mil/. In the event that a carrier is either unable to register for CAS, or if CAS is down, carriers must call the transportation desk at 518-266-5858 to schedule an appointment
Note(s):
0. Late/early arrivals may be rescheduled to the next available appointment date.
0. This will not apply to small package carriers such as FEDEX, UPS, or DHL.
(b) Notice: Normal delivery hours for receipt of supplies at Watervliet Arsenal are as follows:
Monday through Thursday Business Hours: 6:30 A.M. EST to 3:30 P.M. EST
Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.M. EST
Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2021 to be closed is January 15, 2021.
BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE CONTRACT/PURCHASE ORDER ADMINISTRATOR IN ADVANCE IF DELIVERY IS SCHEDULED FOR A FRIDAY TO FIND OUT IF THE ARSENAL WILL BE OPEN FOR BUSINESS.
Also, when a federal holiday is normally observed on a Friday, the Arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business.
THE ABOVE INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES AS WATERVLIET ARSENAL WILL NOT BE LIABLE FOR ANY STORAGE, DEMURRAGE OR SHIPPER LABOR COSTS INCURRED AS A RESULT OF CONTRACTOR ATTEMPTED DELIVERIES ARRIVING DURING NON-BUSINESS HOURS.
1. ITEM DESCRIPTION:
The material delivered hereon must be tagged or otherwise identified by placing the purchase order/contract number on the packing slip or it will be returned at the contractor’s expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor’s documents, such as Bill of Lading, Notice of Shipment, delivery or packing slip, etc.
CRITICAL MILITARY TECHNOLOGY (APR 1988) ((ACC-WRN(WVA))
The documents, drawings (microfilms) listed herein contain critical military technology that is owned by the United States Government, Watervliet Arsenal. These documents, drawings (microfilm) are not to be used for any purpose other than the purpose for which they are furnished, nor shall they be distributed or reproduced for any purpose, nor any part of their contents revealed in any manner, to persons other than the individuals or organizations specified to receive it, or their employees, without written consent of the Watervliet Arsenal.
LIST OF DOCUMENTS/DRAWING NO.
11579765
PROMPT PAYMENT NOTICE TO FAR 52.212-4 (MAY 2013) (ACC-WRN(WVA))
In accordance with the prompt payment regulations at 5 CFR 1315 referenced in FAR 52.212-4 Contract Terms and Conditions – Commercial Items, specifically 5 CFR 1315-4(b)(1)(B), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services.
HQ-AMC LEVEL PROTEST PROCEDURES
Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal-Resources/
An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.
EVALUATION—COMMERCIAL ITEMS (APR 2009) (ACC-WRN (WVA))
(a) We will award a contract to the offeror that:
1. submits the lowest evaluated bid or offer, and
2. submits a bid or proposal that meets all the material requirements of this solicitation, and
3. meets all the responsibility criteria at FAR 9.104
(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:
1. arrange a visit to your plant and perform a preaward survey;
2. ask you to provide financial, technical, production, or managerial background information.
(c) Options. We will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. We may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate us to exercise the option(s).
(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, we may accept an offer (or part of an offer), regardless of whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 80 |
| Each |
Name: CONTAINER, SHI Part Number: 11579765
FFP
FIRST ARTICLE REQUIRED
SHIPPING CONTAINER FOR 120MM M256 PER DRAWING # 11579765 USED ON: 12528589:19206
INSPECTION REQUIRED
To include contract data prepared and delivered in accordance with CONTRACT DATA REQUIREMENTS LIST (DD FORM 1423)which is attached hereto as EXHIBIT A. Along with general data drawings attached as ATTACHMENT A.
WBS: EH20UFM410EHM7
FOB: Destination
NSN: 11579765:19206
MILSTRIP: W16H1F102601S6
PURCHASE REQUEST NUMBER: W16H1F102601S6
PSC CD: 1020
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 80 |
| Each |
Name: CONTAINER, SHI Part Number: 11579765
FFP
FIRST ARTICLE WAIVED
SHIPPING CONTAINER FOR 120MM M256 PER DRAWING # 11579765 USED ON: 12528589:19206
INSPECTION REQUIRED
To include contract data prepared and delivered in accordance with CONTRACT DATA REQUIREMENTS LIST (DD FORM 1423)which is attached hereto as EXHIBIT A. Along with general data drawings attached as ATTACHMENT A.
WBS: EH20UFM410EHM7
FOB: Destination
NSN: 11579765:19206
MILSTRIP: W16H1F102601S6
PSC CD: 1020
NET AMT
CLAUSES INCORPORATED BY REFERENCE
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUN 2020 |
| 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. |
| AUG 2020 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| JUN 2020 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| JUN 2020 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.219-6 (Dev) |
| Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008). |
| OCT 2020 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 (Dev) |
| Child Labor - Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) |
| JUL 2020 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUN 2020 |
| 52.222-50 |
| Combating Trafficking in Persons |
| OCT 2020 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| JUN 2020 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| FEB 2021 |
| 52.225-18 |
| Place of Manufacture |
| AUG 2018 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 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 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. 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.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
52.204-20 Predecessor of Offeror (AUG 2020)
(a) Definitions. 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.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
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.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)
(a) Definitions. As used in this clause--
Covered article means any hardware, software, or service that--
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means--
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
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…
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