23-Q-2041 Solicitation Final.pdf

SEE ADDENDUM

(No Collect Calls)

W519TC23Q2041 17-Nov-2022

b. TELEPHONE NUMBER

563-320-0099

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 22 Nov 2022

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 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.

W519TC9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SOPHIA L. MUCKENFUSS

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

811310

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 OF53

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.

W519TC23Q2041

Section SF 1449 - CONTINUATION SHEET

SOLICIATION NARRATIVE

1. The Army Contracting Command- Rock Island (ACC-RI) hereby issues solicitation W519TC-23-Q-2041 to Hexagon Manufacturing Intelligence, INC. for Preventative Maintenance and Remedial Repair for Romer Arm Maintenance in support of the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC) Plating Shop. The award is issued in accordance with FAR Part 12- Acquisition of Commercial Items, and FAR Part 13 Simplified Acquisition Procedures. The resultant award will be a firm fixed price (FFP) contract.

2. Period of Performance:

Base Year: Date of Contract award – Day 365 Option Year 1: Day 366 – Day 730 Option Year 2: Day 731 – Day 1095 Option Year 3: Day 1096 – Day 1460 Option Year 4: Day 1461 – Day 1825

*NOTE: ANY WORK ABOVE AND BEYOND OPTION 2 MUST BE SUBMITTED TO THE COR FOR

APPROVAL BEFORE WORK CAN CONTINUE.

3. Proposal shall remain valid for 60 Days.

4. A Contracting Officer Representative (COR) will be assigned upon award to monitor performance.

5. Service Contract Act wage determination will be incorporated at time of award.

6. Attachments:

Attachment 0001: Scope of Work (SOW)

7. Payments under the contract will be made by the Defense Finance and Accounting Service (DFAS) via Wide Area Workflow (WAWF).

8. Army Contracting Command Government Point of Contact (POC):

The Contract Specialist is Sophia Muckenfuss sophia.l.muckenfuss.civ@army.mil. The Contracting Officer is Cathy Mendoza, cathy.k.mendoza.civ@army.mil **NOTE: Communication with the Government should start at the lowest possible level.

END OF Addendum to 52.212-4 Contract Terms and Conditions-Commercial Items

ATTACHEMENT 0001 - SOW

1. GENERAL:

1.1. PURPOSE: The purpose of this Scope of Work is to define remedial repair (RR) and calibration (CAL) services for Romer Arms and Scanners purchased by the Army and located at Rock Island Arsenal – Joint Manufacturing and Technology Center (RIA-JMTC). This Scope of Work (SOW) describes criteria and circumstances when this service contract applies, which in turn will require the contractor to respond and successfully perform preventative maintenance (PM), Calibration (CAL) and approved repair/replacement work on the equipment addressed by this document. Contractor’s effort shall begin at contract award. Period of performance shall be for one year from date of award of the purchase order, with as many options (up to four) as the vendor is agreeable to (executable at the Army’s discretion).

1.2. EQUIPMENT: PM and CAL services, repairs, materials, parts, and costs required by this Scope of Work shall be applicable to the Romer Arms and Scanners owned by RIA-JMTC to include (but not limited to):

1.2.1. Romer Arm and Scanner:

RIA # Serial No. Location N/A 8525-7-10054-UC Bldg 208 Final Inspection Crib N/A 8530-7-12261-UC Mobile N/A 8530-7-12251-UC Mobile N/A 8525-7-8896-UC Bldg 250

1.3. SECURITY: Foot note #1

AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 60 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil.

Foot note #3 Access and General Protection/Security Policy and Procedures. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. The contractor and all associated subcontractors employees shall 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 change 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.

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 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated subcontractor 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 access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Footnote #12 Contractor will acquire and need to return all issued U.S. Government Common Access Cards, installation badges, and/or access passes. Use FAR 52.204-9 or PADDS Clause IF00015.

Foot note #4

IWATCH (See Something, Say Something) Training. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.

This training shall be completed within 60 calendar days of contract award and within 60 calendar days of new employees commencing performance, with the results reported to the COR no later than 60 calendar days after contract award.

Footnote #5 Impact on contractor performance during increased FPCON during periods of increased threat (contractor personnel working on an installation). During FPCONs Charlie and Delta, services may be discontinued/postponed due to higher threat. Services will resume when FPCON level is reduced to level Bravo or lower.

Footnote #6 Random Antiterrorism Measures Program (RAMP) participation. Contractor personnel working on an installation are subject to participation in installation RAMP security program (e.g. vehicles searches, wearing of ID badges, etc.).

2. REQUIREMENTS:

2.1. Tasks are to be accomplished IAW provisions contained in this SOW.

2.2. PERFORMANCE PERIOD: Period of performance shall be for one year from date of award of the purchase order. Contractor’s effort will be performed on an “as-needed”/on call basis, available immediately after contract/delivery order award.

3. SAFETY AND ENVIRONMENTAL:

3.1. SAFETY: The contractor is responsible for complying with all federal, state, and local safety and environmental regulations, including, but not limited to Occupational Safety and Health Act, Environmental Protection Agency (EPA), Illinois Environmental Protection Agency (IEPA), and Army regulations. Contractor must adhere to all RIA Safety requirements, policies and statutes. The contractor shall be responsible for obtaining any hot work/open flame permits required, and coordinating with the RIA Fire Department in accordance with (IAW) RIAR 420-2, Chapter #7 – Special Operations, Welding, Cutting and Tar Kettles, specifically Section 7-2, pages 27 and 28. To contact Fire Department for flame permit, contractor shall call (309) 782-5948 or 2911.

3.2. ENVIRONMENTAL: All hazardous wastes, acid, and contaminated material generated by the execution of this project will be disposed of IAW all applicable federal, state, and local laws and regulations. All transport and decontamination will be performed IAW all applicable interstate, federal, state, and local laws and regulations. Any materials and/or wastes generated from this effort shall be labeled with appropriate transportation/disposal documentation for off-site disposal to include but not limited to Hazardous Waste manifests and associated Land Disposal Restriction. Prior to discussing any environmental issues with the environmental agency of primacy, the contractor shall contact the COR for direction.

3.3. OZONE DEPLETING CHEMICALS (ODCs): The contractor shall assure during execution of the tasks outlined in this SOW that none of the materials used contain Class I ODCs as defined by Public Law 102-484, Section 326.

4. DETAILED SPECIFICATIONS: This SOW is a performance-based specification. The objective of this project is to perform equipment PM, CAL, and repair requirements for a Romer arm and Scanner owned by RIA-JMTC.

The Contractor shall provide parts and labor to comply with manufacturer specifications including part replacement (on an approved basis) on the Romer Arm and Scanner listed in section 1.2.

4.1. GENERAL: The contractor shall be responsible for performing all PM and CAL work required for the Romer Arms and Scanners (subject to the financial limitations of this contract). All calibrations must be performed in accordance with ANSI Z540-1, and traceable to National Institute of Standards and Technology (N.I.S.T) Calibrations Systems requirements. The Romer Arms will calibrated to ISO 10360- 12 (SI&SEI Arms only) and the Scanners to ISO 10360-8 (Annex D). The work required may include (but is not limited to) machine disassembly, equipment repair, mechanical component overhaul/machining, minor or major component replacement, control repair, electrical system replacement and repair, mechanical alignments, critical surface lubrication, etc. PM, CAL and repair work shall be performed at the vendors location of business.

4.1.1. CONTRACTOR POINT OF CONTACT: Prior to contract award, the contractor shall identify a Primary and Alternate Notification Point of Contact (POC) for PM, CAL and repair work for notification purposes. The contractor shall be required to provide a ship to address as well as an estimated date of completion for the PM and CAL. Repair work must be approved by the Contracting Officer’s Representative (COR).

4.1.2. Contractor shall be given the certification due date of the Romer Arm and Scanner. It shall be the contractor’s responsibility to schedule the work so that each machine is certified on or before the due date.

4.2. PREVENTATIVE MAINTENANCE: Unless otherwise stated, PM shall be conducted prior to annual calibration activities. PM activities shall include, but not be limited to, the following services:

4.2.1. Examine, clean, and lubricate as needed.

4.2.2. Inspect wrist and linkages for damage.

4.2.3. Make specific recommendations as to any part that should be replaced.

4.2.4. Issue calibration/certification that machine is in good working order and that machine conforms to original equipment specifications.

4.2.5. The customer will be immediately advised of any major problems found that are not covered under the terms of this PM agreement.

4.2.6. The Contractor shall prepare a Service Acceptance Report (SAR) after the PM activities are complete. The SAR shall be signed by the Technical POC.

4.3. REMEDIAL REPAIR:

5.3.1. The contractor shall perform RR to replace or rebuild equipment components which have failed, or are worn affecting machine functional performance. RR shall be initiated only if contractor received notification from RIA-JMTC’s COR. The COR shall be notified immediately of any service requirements, which are identified as extraordinary repairs. This would include all parts and services not considered covered in this purchase order above and beyond the recommended PM as defined by the OEM PM Scheduled tasks. The Contractor shall provide a service acceptance report (SAR) at the completion of each service call. Said report shall contain detailed itemization of all parts and labor. Reports to include machine model, serial and Rock Island Arsenal Asset numbers, identification of the servicing technician and should also be legible.

SARs for RR shall be sent to the COR.

4.3.2. RR DESCRIPTION DETAIL:

4.3.2.1. The Contractor shall provide and install repair parts provided by Contractor or provide necessary parts upon request from the COR. All parts and installation shall carry the manufacturer's standard commercial warranty.

4.3.2.2. The Contractor shall warrant that services performed are in accordance with original equipment specifications and shall carry the standard commercial warranty.

Warranty is not extended based on the service completion date, it is covered only for the annual term (option period) of the contract. .

4.3.2.3. The COR shall be notified immediately of any service requirements. The contractor does not have permission to exceed the amount of this purchase order. The Contractor shall provide a service report at the completion of each service call. Said report shall contain detailed itemization of all parts and labor.

4.3.2.4. The COR is authorized to place calls for service and parts up to the amount stated in the purchase order. In no event is the Contractor authorized to exceed any cost limit set forth elsewhere in the purchase order.

4.4. Contractor shall furnish all parts, labor and repair tools required to perform PM/RR efforts.

4.5. All boxes, parts and components which require shipping shall be accomplished by the servicing technician. Shipment of repair parts can be made to COR, Rock Island Arsenal, Rock Island, Illinois, 61299-6400.

4.6. SERVICE ACCEPTANCE REPORT (SAR): Upon completion of the PM, CAL, and or repair, the Contractor shall have prepared a Service Acceptance Report identifying man-hours and materials required to perform the PM activities. Upon acceptance of the Contractors PM work, the COR shall sign the SAR.

Final Army acceptance of the PM/RR service shall be performed upon signature by the COR on the Service Acceptance Report. The report shall be emailed to COR within 48 hours of PM/RR completion and prior to invoicing. Report shall be legible, have servicing technicians name printed and signed.

5. INSPECTION/FINAL ACCEPTANCE:

5.1. RIA-JMTC COR will monitor contractor performance on this Purchase Order.

5.2. Upon machine PM/RR completion, the COR will inspect the PMed/RR items, if acceptable, sign the After Action Report/Service Acceptance Report (as detailed in paragraph 5.6).

5.3 QASP.

Service Paragraph Letter/Number

Standards

Performance 5.0 IAW SOW Calibrations 5.1 IAW ANSI Z-540-1 standards & traceable to N.I.S.T

Schedule Service 5.1.1 & 5.1.3 IAW SOW – ensure machines are calibrated/certified on or

6. SECURITY: The RIA-JMTC is an Army installation subject to Department of Defense safe guards, various precautions, and plant protection measures. At all times during the execution of this SOW, the contractor will maintain adequate plant protection devises to minimize espionage, sabotage, and other malicious destruction and damage. The contractor shall comply with all security requirements of the Rock Island Arsenal.

before due date Preventive Maintenance

5.2 IAW SOW subparagraphs

5.2.1 – 5.2.13

Remedial Repair 5.3 IAW SOW – ensure all repairs are authorized by CO or COR

Service Acceptance Report (SAR)

5.3.1 & 5.6 IAW SOW – ensure all parts and labor costs are itemized

Warranty 5.3.2.1 & 5.3.2.2 IAW SOW requirements Labor & Repair tools 5.4 IAW SOW requirements – contractor responsibility Shipping of Parts 5.5 RIA FOB to HEX

HEX FOB to RIA

Technician capability / training

7. IAW SOW requirements – must be factory trained with 3 years experience

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Romer Arm Maint. Repair

FFP

Romer Arm & Scanner PM, Calibration Vendor shall perform preventative maintenance, calibration, and repair work as deemed neccessary and approved by the JMTC contracting officers representative (COR).

ATTACHMENT 0001: Scope of Work (SOW)

*NOTE: ANY WORK ABOVE AND BEYOND OPTION 2 MUST BE

SUBMITTED TO THE COR FOR APPROVAL BEFORE WORK CAN

CONTINUE.

The resultant contract will include a base year and four (4) one-year option periods.

Vendor shall provide pricing for all years. See clauses 52.217-8 and 52.217-9.

Enter amounts that reflect the Option 2: Essential - Certification, loaner, 5day turnaround time, return shipping included, 20% discount off parts and labor.

Base Year: $_____________ Option Year 1: $___________ Option Year 2: $___________ Option Year 3: $___________ Option Year 4: $___________

Enter hourly service rate:

Base Year: $_____________ Option Year 1: $___________ Option Year 2: $___________ Option Year 3: $___________ Option Year 4: $___________ FOB: Destination

MFR PART NR: MFG

PSC CD: J091

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contractor Manpower Report

FFP

Contractor Manpower Report (CMR), pursuant to the requirement of FAR Clause entitled “Reporting of Contractor Manpower Data Elements”. The price for Contractor Manpower Reporting is Not Separately Priced (NSP).

DD250 is not required.

Where a Contracting Officer’s Representation (COR) is appointed under the award, an appointment letter may require the COR to monitor the Contractor’s reporting of CMR data.

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 0002 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

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

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.225-7012 Preference For Certain Domestic Commodities APR 2022 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

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

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

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications. AUG 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

(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;

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).

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

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

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X, DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:___

(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 cathy.k.mendoza.civ@army.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.

(End of provision)

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.