A22 Solicitation W912EK24Q0019 Utility Vessel.pdf

REQUEST FOR QUOTATION

PLEASE RETURN TO:

US Army Corps of Engineers

US Army Corps of Engineers Utility Vessel Solicitation Number

W912EK24Q0019

Attn: Carrie Holub 1500 Rock Island Drive Rock Island, Illinois 61201 Email: carrie.l.holub@usace.army.mil

PLEASE INCLUDE THE FOLLOWING INFORMATION:

1. Complete Block 17a on the SF1449 - Enter Name, Address, and Current Phone Number of Person to

Contact Regarding Proposal

2. Complete and sign Blocks 30a, 30b, and 30c on the SF1449

3. Complete Offeror Representations and Certifications (Clause 52.212-3) if your company has not completed the Representations and Certifications located with your company’s SAM record (https://www.sam.gov).

4. Please fill out the the below information completely and include this cover page with your offer, along with the above items that need to be filled out.

5. Include the Solicitation Number on the outside of your envelope or as subject line if submitting by email pdf format. It is the responsibility of the offeror to verify that their offer has been received and is legible when using a method other than electronic format to submit an offer.

Contractors must be current in their registration in the System for Award Management (SAM) Database before a Government Contract award can be made.https://www.sam.gov/

Please provide: Taxpayer ID Number: ____________________________ CAGE Code (SAM):_______________________________ Point of Contact: _________________________________ Phone & Email: __________________________________

FOR ADDITIONAL INFORMATION, CONTACT:

Carrie Holub - Phone: 309-794-5667 or Email: carrie.l.holub@usace.army.mil

SEE ADDENDUM

(No Collect Calls)

W912EK24Q0019 22-Feb-2024

b. TELEPHONE NUMBER

309-794-5667

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Mar 2024

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.

W912EK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CARRIE L HOLUB

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

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D

ROCK ISLAND IL 61201

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 965147 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US ARMY CORPS OF ENGINEERS, ROCK ISLAND

CLOCK TOWER BUILDING

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

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 OF45

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.

W912EK24Q0019

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

Scope of Work/ Technical Specifications Solicitation W912EK24Q0019 Utility Vessel

U.S. Army Corps of Engineers, Rock Island District Clocktower Building 1500 Rock Island Dr

Rock Island, IL 61201

1. GENERAL

A. INTENT: The intent of this specification is to procure one aluminum vessel, complete with vessel, trailer, and motor. The vessel will reside at the district headquarters in Rock Island, Illinois, will be trailered daily, and will be used to conduct surveys and inspections on the waterways of the U.S.

Army Corps of Engineers (USACE) Rock Island District.

B. GENERAL DESCRIPTION: The vessel is a 26-foot trailer-able aluminum hull, aluminum cabin work boat. Work will be primarily focused on the raised forward deck of the vessel. Work activities include sonar, remote operated vehicle, and dive inspections. The requirements and specifications of the vessel are included in this scope of work.

C. OPERATION HOURS AND OPERATIONAL AREA: Operational profile is as follows: 400 hours per year, 50 percent time at cruise speed (85 percent power), and 50 percent time at idle or minimal operation speed. Maximum duration at max power is one hour.

Normal vessel operating day away from the dock is 8 hours.

Vessel operational area is in river and lake conditions from Chicago to LaGrange, Illinois, on the Illinois River and/or Guttenberg, Iowa to Saverton, Missouri, on the Mississippi River, and reservoir projects within the U.S. Army Corps of Engineers (USACE) Rock Island District.

D. PRE-WORK MEETING: Prior to start of construction, a meeting or conference call is held between the Corps of Engineers Representative and the winning offeror at their respective manufacturing facility to review the plans and discuss the schedule. This must be scheduled within 10 days of contract award.

E. INSPECTIONS: Two or more Government inspections are completed during vessel construction.

Inspections are made at the Contractor’s manufacturing facility during construction of the vessel and for sea trials. During the sea trial inspection, the Contractor must show that the vessel, system, and sub-systems have met all requirements and the trailer has completed over-the-road operating trials, and all deficiencies, if any, are corrected.

F. DELIVERY: Delivery is required on or before 01July 2024.

Deliver the completed vessel and trailer between the hours of 8:00 AM and 2:00 PM, Monday through Friday (excluding Federal Holidays) to the following location:

US ARMY CORPS OF ENGINEERS

District Office – Clocktower Building 1500 Rock Island Drive Rock Island, IL 61201

Upon delivery and calibration, the Government will make its final inspection for acceptance to ensure the delivered vessel, trailer and engine meet all contract requirements.

2. VESSEL

GENERAL: The vessel is outfitted to accommodate working activities located on the forward deck.

A. HULL: The vessel hull is to be constructed from 3/16-inch marine grade aluminum plate construction with an 84-inch wide flat bottom with minimum 30-inch high sides. The length of the vessel is 25 – 26 feet in length from bow to transom. The maximum combined width of the trailer and vessel is 8 feet 6 inches.

The floors and deck of the vessel are aluminum tread plate supported by an aluminum subfloor structure that prevents floor deflection. Sponsons are attached to the transom of the vessel. A transducer mounting bracket and transducer is fixed to the sponson. Transducer design basis is Humminbird XM 9 HW MSI T.

A control head is used to interface the transducer, monitor depths and navigate the vessel. The control head design basis is Humminbird HELIX 15 CHIRP MEGA SI+ GPS G4N CHO. The purpose of the sponsons is to increase the planing area of the vessel and protect the outboard motor from damage. A rubber rub rail protects the hull while mooring. The gunwales are 8 inches wide and tread tape is installed on the top surface. Navigation lighting conforming to 33 CFR 183.810 is installed on the vessel. The vessel is designed to meet applicable safety requirements of USACE Engineering Manual 385-1-1.

A builder’s plaque is installed with all required information regarding the vessel, including vessel capacities (weight and people) length, width, height of vessel, weight of vessel fully rigged and full of fluids.

The specific hull design must be pre-approved by Contracting Officer prior to being built.

B. CABIN: The cabin is fully enclosed and insulated. Cabin has a lockable, watertight rear and front door for ingress and egress with windows. The cabin has a minimum 6 feet 6 inches of headroom. Cabin is a minimum of 9 feet in length in the alongship direction and encompasses the full bottom width of the vessel. The cabin has windows on all sides. The windows are large enough to allow the vessel operator and occupants to operate and use the vessel safely and efficiently. The windows are made from tempered safety glass. The windows on the port and starboard sides adjacent to the operator and navigation console slide open with latches on the inside of the cab to secure them. The cabin has a roof that overhangs the cabin by a minimum 6 inches. The overhang blocks rainwater from running down the vertical faces of the vessel. The overhang is designed to be used with ratchet straps to temporarily secure equipment to the roof of the vessel. Windshield wipers are used to remove water from the front windows.

A horn is installed on the roof of the cabin. The cabin is lit with four 12-volt led lights.

An operating console is located on the starboard side of the cabin. The operating console is designed to be operated from a seated position. The operating console houses all appropriate engine manufacture’s gages, instrumentation, and switch gear. The steering console is of the tilt type for adjusting as necessary with hydraulic no feedback steering. Lighting, bilge pump, windshield wiper and horn are operated from the operating console. A The seat is cushioned, adjustable in height, and distance from controls to accommodate operators of different sizes, design basis is Toonmate Ultimate Captains Chair.

A navigation console is located on the port side of the cabin adjacent to the operating console. The navigation console has a work surface large enough for a laptop computer and is a minimum of 28 inches in length and width. The navigation console is designed to be operated from a seated position. The seat is cushioned, adjustable in height, and distance from controls to accommodate operators of different sizes, design basis is Toonmate Ultimate Captains Chair. A shelf is located below the working surface to mount electronic equipment.

Two aluminum storage lockers are located behind the operating and navigation consoles. The lockers are removable and sized to fit through the cabin doors. The contents of the lockers are accessed from the top using a hinged lid. The lockers are used as bench seating.

The specific cabin layout design must be pre-approved by Contracting Officer prior to being built.

C. FORWARD WORKING DECK: The forward deck of the vessel is flat and located at a height of 8 inches below the gunwale. The deck is a minimum 12 feet measured from bow to front face of cabin. A removeable modular handrail encloses the perimeter of the forward deck. A hand-winch crane located and fixed to the deck is used to load and unload equipment. A ladder is used for divers to enter and exit the water. A plate structure on the starboard side of the deck is used for mounting survey equipment that will be deployed into the water and operated while the vessel is moving. Storage lockers are integrated into the deck. The forward deck has mooring cleats installed.

The removeable aluminum handrail is 42 inches in height, has a middle rail and has a 4-inch toe kick plate to prevent items and personnel from falling off the vessel. The handrail consists of at least 5 equal sections.

The aluminum ladder is movable and able to be fixed to the deck using the same mounting system used for the removable handrail. The ladder is capable of being mounted on the port, starboard and bow sides of the forward deck. See Figure 1 for conceptual drawing.

Figure 1: Conceptual moveable ladder design.

The hand winch crane can rotate 360 degrees. The lifting radius is between 48 inches and 72 inches. At the largest lifting radius, the crane has a minimum capacity of 500 pounds. The crane is constructed of corrosion resistant materials.

The survey equipment mounting plate structure is a rigid structure that prevents movement of the deployed equipment. The 1/2x12x36 inch mounting plate sits flush with the deck of the vessel, bracing of the plate is added as necessary to maintain rigidity. Access beneath the plate is provided to bolt equipment to the mounting plate.

The mooring cleats are stainless, 8-inch nominal size and are of the folding style. A total of six cleats are installed equally spaced around the perimeter of the forward deck.

The specific forward deck design must be pre-approved by Contracting Officer prior to being built.

D. REAR DECK: The rear deck located aft of the cabin has a sump with installed bilge pump, generator stand, battery storage, splash guard, removeable dry storage locker and mooring cleats.

A sump is installed at the rear to collect water that might enter the vessel. A bilge pump is installed in the sump. The automatic bilge pump is capable of pumping 1000 gallons per hour. Piping transports the water out of the vessel.

A self-bailing splash guard is installed on the transom of the vessel to prevent water from washing over the transom.

The generator stand is permanently fixed to the vessel. The stand is fabricated to fit a Government supplied, Honda EU7000iS. The stand has a footprint of no more than 36 inches by 36 inches. The stand is fabricated tall enough to allow the generator exhaust to be directed outside of the vessel. The stand to have tie down points to attach the generator.

Two 12-volt marine batteries are stored on the rear deck of the boat. The batteries are used to start, the outboard motor and power the cabin lighting, forward and aft deck LED light bar, automatic bilge pump, windshield wipers and horn. A battery selector switch is used to energize dc circuits. A marine grade, 8 circuit minimum, fuse panel is used for circuit protection and is located on the rear deck.

The locker is made from aluminum material. The contents of the lockers are accessed from the top using a hinged lid. The locker is watertight.

The mooring cleats are stainless and 8-inch nominal size. One cleat is installed on the starboard side gunwale. One cleat is installed on the port side gunwale.

The specific rear deck design must be pre-approved by Contracting Officer prior to being built.

D. ENGINE: The vessel is propelled by one Honda 250HP four-stroke Outboard Engine with power tilt and trim. Throttle control is electronic. The outboard engine is supplied fuel via a fuel tank.

The engine, accessories and all other necessary equipment is installed on the vessel to make the engine fully functional for the propulsion of the contracted vessel.

The engine is inspected by an authorized service center to inspect and approve the installation as required for full engine warranty.

Outboard engine controls are located at the operating console inside the cabin of the boat.

The aluminum fuel tank holds a minimum 40 gallons of fuel. The tank is installed in the forward deck of the boat. The tank and all parts and accessories are accessible via removable access cover. The fill tube and vent are installed at a location that does not interfere with working operations on the forward deck.

Water is not able to enter the fuel system from the vent.

E. VESSEL TRAILER: A heavy duty (weight capacity appropriately sized to vessel), commercially available (third party is acceptable), aluminum, minimum dual axle trailer is provided by the Contractor for the vessel. The trailer will be tailored to the specifics of the vessel to ensure proper fit and weight distribution as the vessel will be trailered on daily basis. In accordance with Illinois State regulations (IL Statutes 625 ILCS 5/, Illinois Vehicle Code), the combination of vessel and trailer shall not exceed a width of 8 feet 6 inches and a height of 13 feet 6 inches. The trailer shall have a 2-5/16- inch ball hitch. The trailer uses torsion axles for suspension. The trailer has an appropriately sized hydraulic electric brake system, with braking at all wheels. All trailer lights are LED submersible and include multifunction taillights and side marker lights. Trailer wiring is plumbed through conduit attached to the trailer frame. The trailer has alloy wheels to prevent corrosion. The trailer is equipped with side boards in addition to trailer bunks, which will be constructed of high-density polyethylene material. The trailer is equipped with appropriately sized and rated radial tires, including a spare tire mounted to the trailer. The trailer includes a ladder for boarding the vessel while on the trailer. A two speed manual trailer winch and strap, with a rated capacity of greater than 2000 pounds, is installed on the trailer to facilitate loading the vessel on the trailer.

Trailer design must be pre-approved by the Contracting Officer prior to purchase.

F. TESTING AND TRIALS: Furnish all labor, fuel, and transportation to test run vessel at various speeds for at least 2 hours, testing to be conducted in compliance with break-in procedure for outboard motor as recommended by the manufacturer. All accessories, gauges, pumps, cabin and navigation lights, indicator and warning lights, alarms, etc., are operated during the period. All deficiencies identified will be corrected prior to delivery of the vessel. The Contracting Officer is notified of the time and place of the testing at least 5 business days in advance such that the Government inspectors witness the testing.

Prior to delivery from the vessel manufacturer's facility, complete the following tests and trials.

Operational trials - demonstrate the correct operation of all on board systems and machinery components.

Trailering - demonstrate launching from trailer into the water and hauling from the water onto the trailer.

8. WARRANTIES

The builder assigns equipment warranties to the Government. In addition, the builder warranties the vessel, trailer, and fabricated assemblies to be free from manufacturing defects for a period of one year from the time of final acceptance.

9. DOCUMENTATION SUBMITTALS

The following documents is provided by the builder for the purpose of operating and maintaining the vessel:

1. Arrangement drawings, hull line drawings, hull structural drawings.

2. Electrical schematics and wiring diagrams.

3. Fuel line schematics.

4. Trailer VIN.

5. Equipment operating manuals.

6. Trial Reports.

7. Warranties.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

UTILITY VESSEL

FFP

DESCRIPTION: TO PROCURE ONE ALUMINUM VESSEL, COMPLETE

WITH VESSEL, TRAILER, AND MOTOR. THE VESSEL WILL RESIDE AT

THE DISTRICT HEADQUARTERS IN ROCK ISLAND, ILLINOIS, WILL BE

TRAILERED DAILY, AND WILL BE USED TO CONDUCT SURVEYS AND

INSPECTIONS ON THE WATERWAYS OF THE U.S. ARMY CORPS OF

ENGINEERS ROCK ISLAND DISTRICT.

PURCHASE IN ACCORDANCE WITH THE SCOPE OF WORK/TECHNICAL

SPECIFICATIONS.

FOB: Destination

PSC CD: 1940

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-JUL-2024 1 US ARMY CORPS OF ENGINEERS, ROCK

ISLAND

CLOCK TOWER BUILDING

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

FOB: Destination

965147

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

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

Subcontractors

MAR 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

Incident Reporting

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

2020)

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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

(SEP 2023)

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(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.

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: The Government intends to award one (1) Firm Fixed Price (FFP) Contract to the lowest price, responsive, and responsible contractor whose quote conforms to the terms and conditions of the solicitation, and represents the lowest total evaluated price. Therefore, the Offeror’s quote should be complete and contain the Offeror’s best price and meet all required delivery terms at time of quote submission.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware,…