B.02.15 Solicitation (23Q0042) FINAL.pdf
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- Attached to
- Dworshak Dam Custom Bulkhead Seals Federal contract opportunity
- Solicitation number
- W912EF23Q0042
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| File | Type | Posted |
|---|---|---|
| A.02.12 DWA Custom Rubber Seals - Drawing (23Q0042).pdf | ||
| A.02.10 BID ITEMS LIST (23Q0042).docx | DOCX document |
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SEE ADDENDUM
(No Collect Calls)
W912EF23Q0042 21-Apr-2023
b. TELEPHONE NUMBER
509-527-7504
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 01 May 2023
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.
W912EF9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RICHARD A HARVEY
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
USAED, WALLA WALLA - CONTRACTING DIV.
RICHARD HARVEY
201 N. THIRD AVENUE
WALLA WALLA WA 99362-1876
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 960201 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
ARMY CORPS OF ENGINEERS
PERFORMANCE SPECIALIST
DWORSHAK PROJECT OFFICE
1428 NORTHFORK DRIVE
AHSAHKA ID 83520-0048
TEL: FAX:
509-527-7802FAX:
TEL: 509-527-7504 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
339991
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF51
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912EF23Q0042
Section SF 1449 - CONTINUATION SHEET
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS
DWORSHAK BULKHEAD AND EMERGENCY GATE SEALS
1.0 INTENT
The following specifications pertain to the purchase of a new, custom Bulkhead Seal and new Emergency Gate Seals for U.S. Army Corps of Engineers, Walla Walla District, Dworshak Dam, Ahsahka, Idaho (Dworshak Project).
2.0 SCOPE
The successful Offeror shall be required to construct the rubber seals according to the specification in Section 3.0 below and ship the seals to Dworshak Project as required in Section 6.0, Shipment and Delivery.
3.0 CUSTOM RUBBER SEAL SPECIFICATIONS
3.1 Seal Construction
3.1.1 Units 3 Maintenance Bulkhead Seals
The Contractor shall deliver one complete seal set matching dimensions and seal details in drawings DWD-1-5- 19/12, DWD-1-5-19/14 and DWD-1-5-19/15. The top and sides of each seal are Center Dome molded seals, and the bottom is a flat-type seal. Seal rubber is specified is section 3.2.1 and Fluoro-Carbon cladding is specified in section 3.2.2. All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
3.1.2 Regulating Outlet Maintenance Bulkhead Seals
The Contractor shall deliver two complete seal set matching dimensions and seal details in drawings DWD-1-5- 17/3 and DWD-1-5-17/4. The top and sides of each seal are Center Dome molded seals, and the bottom is a flat-type seal. Each seal is coated with Fluoro-Carbon Cladding (see section 3.2.2 for details). All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
3.1.3 Unit 1 or 2 Draft Tube Bulkhead Seals
The Contractor shall deliver one complete seal set matching dimensions and seal details in drawing DWP-1-5- 2/3. The top and sides of each seal are J-Bulb molded seals, and the bottom is a flat-type seal. All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
3.1.4 Unit 3 Draft Tube Bulkhead Seals
The Contractor shall deliver one complete seal set matching dimensions and seal details in drawings DWP-1-5- 2/1 and DWP-1-5-2/2. The top and sides of each seal are J-Bulb molded seals, and the bottom is a flat-type seal.
All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
3.2 Rubber and Cladding Requirements
3.2.1 Seal Rubber
Rubber seals shall be of the full-molded type only. All corners shall be factory vulcanized, and all seal rubber shall be compounded of natural rubber, synthetic polyisoprene, or a blend of both, and shall contain reinforcing carbon black, zinc oxide, accelerators, antioxidants, vulcanizing agents, and plasticizers. Physical characteristics of the seals shall meet the following requirements:
PHYSICAL TEST TEST VALUE TEST METHOD
SPECIFICATION
Tensile Strength 3,000 psi (min.) ASTM D412, Method A Elongation at Break 450 percent (min.) ASTM D412 300 percent Modulus 900 psi (min.) ASTM D412 Durometer Hardness (Shore Type A) 60 to 70 ASTM D2240 Water Absorption* 5 percent by weight (max.) ASTM D471 Compression Set 30 percent (max.) ASTM D395, Method B Low Temp. Brittleness Non-Brittle 3’ @ -40 ASTM D2137, Method A Tensile Strength (after aging 48 hrs) 80 percent tensile strength
(min.)
ASTM D572
Ozone Resistance (70 hrs @ 40 deg. C at 300 PPHM Ozone and 20 percent strain on specimen)
No Cracks ASTM D1149
*The "Water Absorption" test shall be performed with distilled water. The washed specimen shall be blotted dry with filter paper or other absorbent material and suspended by means of small glass rods in the oven at a temperature of 70 degrees ± 2 degrees C for 22 hours ± ¼ hour. The specimen shall be removed, allowed to cool to room temperature in air, and weighed. The weight shall be recorded to the nearest 1 mg as W1 (W1 is defined in ASTM D 471). The immersion temperature shall be 70 degrees ± 1 degree C, and the duration of immersion shall be 166 hours.
3.2.2 Fluorocarbon Cladding
The rubber seals shall have a fluorocarbon film vulcanized and bonded to the sealing surface of the dome portions of the seal (see drawings for location and details). The film shall be 0.060-inch
PHYSICAL TEST TEST VALUE
Tensile Strength 3,000 psi (min.)
Elongation at Break 250 percent (min.)
The fluorocarbon film shall be tested for adhesion bond in accordance with ASTM D 413, using either the machined method or the deadweight method. A 1-inch piece of seal shall be cut from the end of the seal which has been masked and subjected to tension at an angle relative to the dimensions of the rubber surface. There shall be no separation between the fluorocarbon film and the rubber when subjected to the following loads:
THICKNESS OF
FLUOROCARBON FILM
MACHINE METHOD AT
2 INCHES PER MINUTE
DEADWEIGHT
METHOD
0.060 inches 30 pounds per inch wide 30 pounds per inch wide
Failure of any specimen to meet the requirements of the test used will be cause for rejection of the piece for which the test specimen was taken.
4.0 DELIVERABLES
All seals, test reports (verifying that seal meet required standards), and a dimensioned drawing of the seal (one per seal type) shall be delivered with the seals.
5.0 WARRANTY
Each seal shall be covered by the manufacturer’s standard warranty and not less than one year.
6.0 SHIPMENT AND DELIVERY
All items shall be delivered FOB to Dworshak Project according to Clause 52.211-9 in the below clause Section.
The Contractor shall be responsible for packing and shipping the components in a manner that will preserve seal integrity and ensure undamaged and complete arrival to Dworshak Dam. Deliveries shall only be made during normal Dworshak Project business hours, Monday–Thursday 7:00AM–4:30PM, excluding federal holidays.
All shipments shall be delivered to:
USACE Dworshak Project Attn: Contract Performance Specialist 1428 Northfork Drive Ahsahka, ID 83520 Ph. (208) 476-1296 Fax (208) 476-1227
INFORMATION TO OFFERORS
INSTRUCTIONS TO OFFERORS
The following requirement pertains to the purchase of a new, custom Bulkhead Seal and new Emergency Gate Seals for U.S. Army Corps of Engineers, Walla Walla District, Dworshak Dam, Ahsahka, Idaho (Dworshak Project).
Registration at www.sam.gov is required. Failure to register in the SAM database will make an offeror ineligible for award. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required in order for the GSA Federal Service Desk (FSD) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk. Failure to do so within 30 days of activation may result in the registration no longer being active. Mail the completed, signed, notarized letter to:
FEDERAL SERVICE DESK
ATTN: SAM.GOV REGISTRATION PROCESSING
460 INDUSTRIAL BLVD
LONDON, KY 40741-7285
UNITED STATES OF AMERICA
Completion of the required FAR 52.212-3, Offeror Representations and Certifications – Commercial Items is required. When you complete your SAM registration, the link to complete your Representations and Certifications is also available. Please do not hesitate to contact myself Richard Harvey prior to the date of this quote closing for any assistance, or the SAM web site help desk for assistance or questions.
TO ENSURE RECEIPT OF YOUR QUOTE, PLEASE SEND TO THE ATTENTION OF RICHARD
HARVEY @ Richard.a.harvey@usace.army.mil
If you have any questions or concerns regarding the Request for Quote, please contact myself Richard Harvey by email to richard.a.harvey@usace.army.mil
Please return all pages of this request for quote. Be sure to also complete Blocks 17a, 30a, 30b, and 30c on page 1.
Name: _____________________________________________________________
Contact Telephone Number: ____________________________________________
Email Address: __________________________________________________________________
Company’s Federal Tax Identification Number: ____________________________________________
CAGE CODE: _________________________
UNIQUE IDENTIFICATION CODE: ____________________________________
BUSINESS SIZE/ TYPE: ___________________________
TOTAL QUOTE AMOUNT: $___________________________
The System for Award Management (SAM) is online. SAM replaces CCR/FedReg, ORCA, and EPLS.
If you have been using those systems, you should now go to www.sam.gov to find your information.
Completion of FAR 52.212-3 Offeror Representations and Certifications–Commercial Items – Alternate 1 (May 2014). Electronic completion is encouraged (see https://www.acquisition.gov to download Representations and Certifications).
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.
In accordance with FAR Part 29.3 – State and Local Taxes, and per Title 4 of US Code 104-107, the Government is exempt from paying state and local taxes. Exempt tax identification number 91-8028090.
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
Submission of Price Quote – Offeror shall submit 1 copy of the following:
1. Signed and dated Standard Form 1449 (Solicitation/Contract/Order for Commercial Items)
2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation
3. Completed Bid Item List (pricing information) for all contract line item numbers (Attached)
4. Completed Clause 52.212-3 and Alt I, “Offeror Representations and Certifications—Commercial Items” as noted above.
PRICES QUOTED MUST BE VALID FOR 30 DAYS. Solicitation shall result in a firm-fixed-price (FFP) contract.
All pricing shall include shipping FOB destination (include shipping cost in price).
BUSINESS HOURS: The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00 a.m. to 4:00 p.m., excluding federal holidays.
BASIS FOR AWARD
The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value to the government based on PRICE only. The government does not intend to have discussions with offerors so please ensure that all information required in the Technical Specifications is provided with your quote. Technical Specifications provided by you the vendor to be evaluated by a government representative that do not meet or exceed the technical specifications solicited will be determined unacceptable and will not be subject for an award.
BIDDER INQUIRY
Bidder Inquiry
All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-site that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)
To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.
The Bidder Inquiry Key is: WE6494-GIHTSG
Specific Instructions for ProjNet Bid Inquiry Access:
1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
2. Identify the Agency. This should be marked as USACE.
3. Key. Enter the Bidder Inquiry Key listed above.
4. Email. Enter the email address you would like to use for communication.
5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.
6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.
7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Instructions for Entering Questions:
1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word
"Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words “Please select from below”, select “Public” c.) Discipline: This is where you select who this question should be directed to. Example; if the question is about an electrical drawing or specification select: “Electrical” from the pull down list.
d.) Sheet. Enter the sheet number of the drawing you are asking about.
e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.
f.) Specification. Enter the Specification number and paragraph number.
g.) File. Use this if you are going to attach a pdf file.
h.) Question. Enter your question here.
Specific Instructions for Future ProjNet Bid Inquiry Access:
1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret
Question and Secret Answer to log in.
2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
3. Identify the Agency. This should be marked as USACE.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Email. Enter the email address you used to register previously in ProjNet.
6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.
7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428-
HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Unit 3 Maintenance Bulkhead Seals
FFP
The Contractor shall deliver one complete seal set matching dimensions and seal details in drawings DWD-1-5-19/12, DWD-1-5-19/14 and DWD-1-5-19/15. The top and sides of each seal are Center Dome molded seals, and the bottom is a flat-type seal. Seal rubber is specified is section 3.2.1 and Fluoro-Carbon cladding is specified in section 3.2.2. All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
FOB: Destination
PSC CD: 4710
NET AMT
0002 2 Each Regulating Outlet Maintenance Bulkhead S
FFP
The Contractor shall deliver two complete seal set matching dimensions and seal details in drawings DWD-1-5-17/3 and DWD-1-5-17/4. The top and sides of each seal are Center Dome molded seals, and the bottom is a flat-type seal. Each seal is coated with Fluoro-Carbon Cladding (see section 3.2.2 for details). All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
0003 1 Each Unit 1 or 2 Draft Tube Bulkhead Seals
FFP
The Contractor shall deliver one complete seal set matching dimensions and seal details in drawing DWP-1-5-2/3. The top and sides of each seal are J-Bulb molded seals, and the bottom is a flat-type seal. All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
0004 1 Each Unit 3 Draft Tube Bulkhead Seals
FFP
The Contractor shall deliver one complete seal set matching dimensions and seal details in drawings DWP-1-5-2/1 and DWP-1-5-2/2. The top and sides of each seal are J-Bulb molded seals, and the bottom is a flat-type seal. All corners shall be hot factory vulcanized to match dimensions shown in the attached drawing. Seals shall be supplied without bolt holes.
0005 5 Each 9/16-inch Hollow Core Drill Bit
FFP
with ½-inch Shank
0006 5 Each 5/8-inch Hollow Core Drill Bit
FFP
with ½-inch Shank
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 16 wks. ADC 1 ARMY CORPS OF ENGINEERS
PERFORMANCE SPECIALIST
DWORSHAK PROJECT OFFICE
1428 NORTHFORK DRIVE
AHSAHKA ID 83520-0048
960201
0002 16 wks. ADC 2 (SAME AS PREVIOUS LOCATION)
0003 16 wks. ADC 1 (SAME AS PREVIOUS LOCATION)
0004 16 wks. ADC 1 (SAME AS PREVIOUS LOCATION)
0005 16 wks. ADC 5 (SAME AS PREVIOUS LOCATION)
0006 16 wks. ADC 5 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
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
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7036 Buy American--Free Trade Agreements--Balance of
Payments Program--Basic
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 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
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.
52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)
(a) The Government desires delivery to be made according to the following schedule:
DESIRED DELIVERY SCHEDULE
8 Weeks OF CONTRACT
If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:
REQUIRED DELIVERY SCHEDULE
16 Weeks OF CONTRACT
Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
_______________________________________________ OF CONTRACT
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
(End of clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAR 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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
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,…
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