36C10E23Q0140_1.docx
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- 5180--Tools are required to be in possession of the Veteran as condition of employment as a Diesel Mechanic.
- Solicitation number
- 36C10E23Q0140
About this file
This document is a solicitation for hand tools required by a veteran as a condition of employment as a diesel mechanic. The solicitation is seeking Snap-On brand tools listed in an attached list, with responses due by July 28, 2023. The solicitation is a 100% small business set-aside issued by the Department of Veterans Affairs Veteran Benefits Administration for supply of the tools within 60 days of award. The solicitation will be evaluated based on technical acceptability of quoting all listed Snap-On tools and price reasonableness, with SDVOSBs and VOSBs receiving evaluation preferences in accordance with the VAAR.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C10E23Q0140 0001.docx | DOCX document | |
| S02 Philly Tools (S)- Q_A 02.xlsx | XLSX spreadsheet | |
| P02 Philly Tools (S) - List of Tools.docx | DOCX document |
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36C10E23Q0140
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
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
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
VA
36C10E23Q0140 06-30-2023 Jeff Reed 802 291 4789 07-28-2023
4:00 PM
EDT
00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.
Washington DC 20006 X X 332216 750 Employees N/A X 00101 Full address will be provided upon award.
Conshohocken PA 19428 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.
Washington DC 20006
All invoices must be emailed to:
eileen.mcgill@va.gov
AND
jeffrey.reed@va.gov
See CONTINUATION Page Vendor shall supply all tools listed within the attached Tool List This is solicitation is for Snap-On brand tools only.
These tools are for a veteran whose employer requires them to have this specific list of Snap-On tools to maintain their job.
This solicitation is 100% small business set-aside.
All quotes shall be submitted to jeffrey.reed@va.gov no later than 7/28/23 at 4:00 PM EST.
See CONTINUATION Page
310-308000-41090137000CC137NS2023
X X X Jeffrey Reed
VBA16L2-3764
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| B.3 DELIVERY SCHEDULE | 4 |
| SECTION C - CONTRACT CLAUSES | 5 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 5 |
| C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 5 |
| C.3 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS—ORDERS OR BPAS (NOV 2022) | 5 |
| C.4 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS--ORDERS AND BPAS (NOV 2022) | 6 |
| C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) | 7 |
| C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 7 |
| C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 7 |
| C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) | 8 |
| C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 8 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) | 8 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 17 |
| SECTION E - SOLICITATION PROVISIONS | 18 |
| E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) | 18 |
| E.2 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) | 22 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 23 |
| E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 23 |
| E.5 ADDENDUM to 52.212-2 EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021). | 24 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C242 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.
Washington DC 20006
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Upon receipt of certified invoice |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted via email to eileen.mcgill@va.gov AND jeffrey.reed@va.gov
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| LT |
Snap-On Diesel Mechanic tools PRINCIPAL NAICS CODE: 332216 - Saw Blade and Handtool Manufacturing PRODUCT/SERVICE CODE: 5180 - Sets, Kits, and Outfits of Hand Tools
GRAND TOTAL
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 1.00 |
| 60 Days after award |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause) C.3 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS—ORDERS OR BPAS (NOV 2022)
(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s VIP-verified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of VIP-listed SDVOSB/VOSB as subcontractors or teaming partners.
(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as an eligible SDVOSB/VOSB in the Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/.
(c) A VIP-listed SDVOSB schedule holder will receive full credit, and a VIP-listed VOSB schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.
(d) Offerors other than SDVOSBs or VOSBs proposing to use VIP-listed SDVOSBs/VOSBs as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:
(1) The name(s) and contact information of the VIP-listed SDVOSB(s)/VOSB(s) with whom they intend to team or subcontract.
(2) A brief description of the proposed team or subcontractor(s) arrangement.
(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).
(4) Evidence of teaming partner/ subcontractor’s VIP database registration and verification.
(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause) C.4 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS--ORDERS AND BPAS (NOV 2022)
(a) The Contractor agrees, if selected on the basis of service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status, to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.
(b) The Contractor agrees, if selected for award on the basis of teaming/subcontracting in accordance with 852.208–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more VIP-verified SDVOSB/VOSB for work of the same or similar value.
(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause) C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)
(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.
(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.
(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.
(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause)
C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)
(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.
(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause)
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
Shipment of deliverable items, other than reports, shall be to:
Full address will be provided upon award.
Conshohocken PA 19428 (End of Clause)
C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of Clause) (End of Addendum to 52.212-4)
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2021) of 52.219–9.
[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[X] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).
[] (ii) Alternate I (OCT 2022) of 52.225–1.
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I [Reserved].
[] (iii) Alternate II (DEC 2022) of 52.225-3.
[] (iv) Alternate III (JAN 2021) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: P02 Philly Tools (S) - List of Tools.
See attached document: S02 Philly Tools (S)- Q_A 02.
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SECTION E - SOLICITATION PROVISIONS
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)
1. This is a brand name only procurement. This acquisition is to purchase Snap-On tools for a veteran working as a diesel mechanic. This Veteran’s employer has provided him with a specific list of Snap-On tools, which is required for this veteran to maintain his employment.
2. QUESTIONS: Questions to this solicitation shall be submitted via electronic mail to the Contract Specialist (jeffrey.reed@va.gov). Questions will be accepted until 07-14-2023, 4:00 PM. (ET). Please use the attached excel spreadsheet titled “Solicitation Vendor Q and A Format” to submit your questions. The Government is not obligated to respond to any questions received after that date and time. All questions received within the designated timeframe that the Government considers relevant, will be answered. Responses to questions will be provided as amendment to the Request for Quote (RFQ) that will be made available to all potential quoters. Telephonic inquires will not be responded to.
3. RFQ EXPENSES AND PRE-CONTRACT COSTS: This RFQ does not commit the Government to pay costs incurred in preparation and submission of quotes or for other costs incurred prior to award of a formal purchase order.
4. RFQ ACCEPTABILITY: Quoters are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quote. Failure to furnish a complete quote, at the time of quote submission, may result in the quote being unacceptable to the Government and eliminated from consideration for award. The Quoter is hereby advised that its quote is presumed to represent its best and final quote in response to this solicitation.
5. GENERAL RFQ PREPARATION INSTRUCTIONS:
5.1. These instructions prescribe the format of quotes and describe the approach for the development and presentation of the proposed data. The quote shall include all information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation. A quote that merely reiterates or promises to accomplish the requirements of the RFQ may be considered unacceptable. A quote that is orderly and sufficiently documented will enable the Government to easily understand and perform a thorough and fair evaluation.
5.2. Quoters are cautioned to submit enough information to enable the Government to ascertain each Quoter’s capability to provide the hand tools depicted within the attached list of hand tools of this RFQ. All commitments made in the quote may become a part of the resultant purchase order. The data submitted with each quote should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.
6. RFQ DUE DATE AND SUBMISSION INSTRUCTIONS:
6.1. Quotes are due no later than the date and time listed on the solicitation’s SF1449 document, first page, block 8. Quotes shall be submitted via email at jeffrey.reed@va.gov. Email size shall not exceed 5 MB. If all required attachments exceed this limit, the quote will need to be sent in multiple emails. Vendors shall label each email as follows: “Email X of X - Quote in Response to RFQ 36C10E23Q0140”.
7. RFQ INSTRUCTIONS, FORMAT, AND CONTENT
7.1. INSTRUCTIONS
7.1.1. These instructions prescribe the format of quotes and describe the approach for the development and presentation of the proposed data. The quote shall include all information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation. A quote that merely reiterates or promises to accomplish the requirements of the RFQ may be considered unacceptable. A quote that is orderly and sufficiently documented will enable the Government to easily understand and perform a thorough and fair evaluation.
7.1.2. The Quoter’s quote shall consist of three (3) volumes. The Volumes are 1 -Technical; 2 – Price; 3– Solicitation SF1449 Document’s completed first page to include any applicable amendment documents and Certifications/Representations.
7.1.3. Files shall not contain classified data. The use of hyperlinks in quotes is prohibited and any information contained within those hyperlinks will not be evaluated.
7.1.4. Please do not wait until the last minute to submit your quote! Late quotes will not be accepted for evaluation. To avoid submission of late quotes, we recommend the transmission of your quote file 24 hours prior to the required quote due date and time. Please be advised that timeliness is determined by the date and time a Quoter’s quote is received by the Government and not when a Quoter attempted transmission.
7.2. QUOTE FILE FORMAT
The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. Each volume shall contain a cover page consisting of the Volume number, RFQ number/title, Quoter’s name, SAM Unique Entity ID and CAGE Code. Each Volume shall contain a “Table of Contents” for that Volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. The Table below indicates the applicable maximum page count for each volume of the Quoter’s quote. Unless otherwise specified, all files must be submitted as either a Microsoft Word file or an Acrobat (PDF) file. Page size shall be no greater than 8 ½” x 11”. Times New Roman Font size shall be 11. Tables and illustrations may use a reduced font size not less than 8-point. Page layout can be portrait or landscape. Larger font can be used on the cover page.
7.3. QUOTE VOLUME CONTENTS: Each Quoter’s quote shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. A cover page and Table of Contents are not included in the page counts below. Pages exceeding the total allowable page limit for a particular factor, will not be forwarded to the evaluation team for evaluation, and will not be evaluated.
| Volume/Title |
| Page Limit |
| Volume 1 – Technical |
| 10 pages |
Volume 2 - Price Completed Solicitation’s Section B Price Schedule: Please include an Excel workbook as an attachment to this volume with a list of quoted hand tools. This list shall include each Snap-On part number, description, quantity, unit of issue, unit price, extended price, and a calculated total price.
No Page Limit
| Volume 3 Solicitation Documents (Completed SF1449 first page, Amendments and Certifications/Representations |
| No Page Limit |
7.3.1. VOLUME 1, TECHNICAL INFORMATION
7.3.1.1. The Technical quote shall be submitted in accordance with the instructions contained herein. In no case shall statements such as “we comply with the requirements of the purchase order” or its equivalent be acceptable to meet the requirements of this request for quote. A quote that merely promises to accomplish the requirements of the RFQ may be considered unacceptable. A quote that is orderly and sufficiently documented will enable the Government to easily understand and perform a thorough and fair evaluation. The Technical Volume of the Quote shall not include price or pricing information.
7.3.1.2. QUOTERS SHALL CLEARLY DESCRIBE ALL OF THE BRAND NAME HAND TOOLS, AT THE QUANTITIES LISTED, WITHIN THE ATTACHED LIST OF TOOLS OF THIS RFQ. ALL QUOTED HAND TOOLS SHALL BE SNAP-ON BRAND. QUOTERS SHALL INCLUDE A LIST OF EACH SNAP-ON PART NUMBER, DESCRIPTION, QUANTITY AND UNIT OF ISSUE.
7.3.2. VOLUME 2, PRICE
The Quoter shall complete the Solicitation’s section B, price schedule and shall provide an Excel Workbook as an attachment to this volume with a list of quoted hand tools. The list shall include each Snap-On part number, description, quantity, unit of issue, unit price, extended price and a calculated total price. All prices shall be fully burdened and represented in TWO DECIMAL POSITIONS ONLY. DO NOT JUST FORMAT THE CELL TO SHOW ONLY TWO DECIMALS, THE CELL MUST CONTAIN A PRICE WITH A TWO-DECIMAL POSITION. Example: $0.27, not $0.27458. Please double check your calculations. Quoters may add sheets to the Excel Workbook for price assumptions information. There is no page limit to this volume.
7.3.3. VOLUME 3, SOLICITATION, QUOTE AND AWARD DOCUMENTS AND CERTIFICATIONS/REPRESENTATIONS.
7.3.3.1. Executed RFQ: Quoters shall complete blocks 17a (block 17a must include a SAM Unique Entity ID number and Tax Identification number), 17b, 30a, 30b, and 30c, on the SF1449 as applicable and acknowledge all amendments issued by submitting signed amendment SF30 documents. An official having the authority to contractually bind your company must sign the SF 1449 in accordance with FAR 4.102.
7.3.3.2. Representations, Certifications, and Other Statements of Quoters: Include in your quote only the following completed Representations and Certifications – FAR 52.212-3 paragraph b. All other required representations and certifications are to be completed online.
52.212-3 QUOTER REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (DEC 2022).
(b)
(1) Annual Representations and Certifications. Any changes provided by the Vendor in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The Quoter has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Vendor verifies by submission of this quote that the representations and certifications currently posted electronically at FAR 52.212–3, Quoter Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this quote is submitted and are incorporated in this quote by reference (see FAR 4.1201), except for paragraphs None
(End of Addendum to 52.212-1)
E.2 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)
(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
(End of Addendum to 52.212-1)
E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Price and Technical
Technical is equal to Price
(End of Provision) E.5 ADDENDUM to 52.212-2 EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021).
QUOTE EVALUATION AND BASIS FOR AWARD
1. GENERAL INFORMATION
1.1. This solicitation is for a single (all or none), firm- fixed‐price, purchase order for the brand name hand tools listed within the attached list of tools of this Request for Quote (RFQ). The Government intends to award a purchase order to a qualified quoter deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose quote conforms to the RFQ's requirements and is judged to represent the Best Value to the Government. The Best Value is the most advantageous quote, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria.
1.2. The Contracting Officer will conduct quote compliance review after solicitation closing for determination of basic quote adequacy. Failure to provide a complete quote as required by the solicitation, may result in the quote being removed from further consideration for award.
1.3. Noncompliance with the RFQ requirements may raise serious questions regarding a Vendor’s technical and/or cost performance and may be grounds to eliminate the quote from consideration for a purchase order award. Failure to include all information requested may adversely affect the evaluation. A quote that merely reiterates or promises to accomplish the requirements of the RFQ will be considered unacceptable. A quote that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.
1.4 Evaluation factors include Technical and Price. Price is equally important to Technical.
2. TECHNICAL EVALUATION
2.1 All quotes will be evaluated for Technical Acceptability. The quoter’s quote will be compared to the tool list attached to this RFQ for completeness.
2.2 The Government will rate a quoter’s Technical quote at the factor level. The rating focuses on the acceptability of the quote and shall be assessed at the factor level. The technical evaluation shall consist of assigning either a “Acceptable” or “Unacceptable rating when evaluating whether the quoter’s quote is acceptable.
2.3 To be considered for award, quoters must provide all of the brand name hand tools, at the quantities listed, within the attached list of tools of this RFQ. All quoted hand tools shall be Snap-On brand. Any quote not quoting all Snap-On tools, at the quantities listed, will be determined to be Technically Unacceptable.
3. PRICE EVALUATION
3.1 The Government shall evaluate price to determine whether or not it is considered fair and reasonable in accordance with FAR Subpart 13.106-3 procedures. Price will be evaluated to determine reasonableness based upon the total price of the award.
3.2 As stated in VAAR Clause 852.215-70, extra credit will be given to properly registered SDVOSBs & VOSBs
3.2.1 A qualified SDVOSB’s evaluated price will be set at 10% less than their quoted price.
3.2.1 A qualified VOSB’s evaluated price will be set at 5% less than their quoted price
3.2.3 All other technical acceptable quotes will be evaluated at their quoted price.
(End of Addendum)
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