B08 - Solicitation W519TC-23-R-2017 BRAT Wooden Boxes.pdf

CODE

(Hour)

PAGE(S)

until 05:00 PM local time 27 Feb 2023

A X B X C X D

EX

X

G F

H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 35

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W519TC 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

9 - 13

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

14 - 35

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

27 Jan 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W519TC23R2017

Section A - Solicitation/Contract Form

SOLICITATION INFORMATION

SOLICITATION SUPPLEMENTAL INFORMATION

This procurement is for M3A2 and M4A2, M5A2, M6A1, and M7A1 Bradley Reactive Armor Tile Wooden Boxes for Anniston Army Ammunition Plant. The Bradley Reactive Armor Tile Wooden Boxes must be built in accordance with the requirements and specifications as detailed in the Statement of Work (SOW) and all associated drawings and attachments.

GOVERNMENT REPRESENTATIVE (POINT OF CONTACT):

Allison Kopp Contract Specialist MIB Contracting Division U.S. Army Contracting Command 1 Rock Island Arsenal, Bldg. 60/3/NW Rock Island, IL 61299-8000 (309)782-0732

CONTRACTOR REPRESENTATIVE (POINT OF CONTACT):

POC NAME: _________________________________________

POC TITLE: _________________________________________

POC EMAIL ADDRESS: _______________________________

TELEPHONE NUMBER: _______________________________

DUNS NUMBER: _____________________________________

CAGE CODE: ________________________________________

TAXPAYER ID NUMBER: _____________________________

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,300 Each M3A2 Wooden Ammunition Box

FFP

FFP

Wooden Box, Ammunition for Reactive Armor Tiles IAW Attachment 0001 titled “Statement of Work Bradley Reactive Armor Tile Wooden Boxes” and all associated drawings and attachments.

FOB: Destination

PSC CD: 8140

FOB: Destination

MFR PART NR: M3A2

PSC CD: 8140

NET AMT

0002 1,400 Each M4A2 Wooden Ammunition Box

FFP

Wooden Box, Ammunition for Reactive Armor Tiles IAW Attachment 0001 titled “Statement of Work Bradley Reactive Armor Tile Wooden Boxes” and all associated drawings and attachments.

FOB: Destination

MFR PART NR: M4A2

0003 8,100 Each M5A2 Wooden Ammunition Box

FFP

Wooden Box, Ammunition for Reactive Armor Tiles IAW Attachment 0001 titled “Statement of Work Bradley Reactive Armor Tile Wooden Boxes” and all associated drawings and attachments.

FOB: Destination

MFR PART NR: M5A2

0004 900 Each M6A1 Wooden Ammunition Box

FFP

Wooden Box, Ammunition for Reactive Armor Tiles IAW Attachment 0001 titled “Statement of Work Bradley Reactive Armor Tile Wooden Boxes” and all associated drawings and attachments.

FOB: Destination

MFR PART NR: M6A1

0005 700 Each M7A1 Wooden Ammunition Box

FFP

Wooden Box, Ammunition for Reactive Armor Tiles IAW Attachment 0001 titled “Statement of Work Bradley Reactive Armor Tile Wooden Boxes” and all associated drawings and attachments.

FOB: Destination

MFR PART NR: M7A1

0006 1 Each Performance Oriented Packaging (POP)

FFP

Performance Oriented Packaging (POP) for Wooden Ammunition Boxes. Prior to shipment, the manufacturer shall make sure the container has been tested by a government approved Performance Oriented Packaging (POP) Test laboratory for compliance with POP requirements in accordance with Department of Transportation’s Title 49 Code of Federal Regulation, Performance Oriented Packaging Standards, Section 178. Test will be to a weight at least 10% greater than the actual gross weight to be marked on the tested container. The POP test report shall be generated by the Manufacturer/Laboratory following the test. The report must be kept on file by the contractor and submitted as required by the Contract Data Requirement List.

MFR PART NR: POP

Section C - Descriptions and Specifications

SUBMISSION OF PROPOSAL

SUBMISSION OF PROPOSAL

Proposals will be submitted electronically by email and the solicitation is filled out completely, and signed by an authorized representative, scanned, included as an attachment, and received by the Government procurement office provided in the solicitation. All emailed proposals and attachments shall be in Adobe Acrobat (.pdf) format and the solicitation shall be submitted and received in its entirety along with any amendments including contractor’s attachments, drawings, or supporting documents by the specified date and time in order to be considered for award.

This instruction takes precedence over any other direction for quote submission. NOTE: Proposals will NOT be accepted for this solicitation through the Sam.gov website.

EVALUATION FACTORS

It is the Government’s intent to award one Firm Fixed Price Contract under this solicitation to the vendor who provides the lowest price, meets all the criteria of the solicitation, and is responsible in accordance with FAR 9.1 – Responsible Prospective Contractors.

The contractor shall provide all required documentation in detail and in accordance with the Statement of Work (SOW) and any associated drawings, pictures, and attachments. Contractors shall include with their proposal sufficient information to enable the Government to determine the contractor’s potential eligibility for award of the subject solicitation. Each proposal shall include all information requested by the Government at the time the submissions are due. The Government may request further information from any contractors to determine technical acceptability or responsibility, and reserve the right to obtain additional information if determined necessary by the Contracting Officer.

All submittals will be subject to evaluation by Government personnel, with strict adherence to the evaluation criteria.

The Government will determine responsibility by analyzing if the potential offeror complies with the requirement at FAR Part 9.1.

Section D - Packaging and Marking

MARKING INSTRUCTIONS

Mark all correspondence, parcels, packing slips, and invoices with the purchase order number W519TC- and with the purchase requisition number (see schedule) to ensure prompt and complete payment.

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 23-AUG-2023 1,200 ANNISTON DEFENSE MUNITIONS

CENTER

BLDG 7

7 FRANKFORD AVENUE

ANNISTON AL 36201-4199

W31G1Z

0001 20-SEP-2023 100 ANNISTON DEFENSE MUNITIONS

CENTER

HECTOR LOPEZ DIA

7 FRANKFORD AVENUE

RECEIVING BLDG #380

ANNISTON AL 36201-4199

0002 27-SEP-2023 1,100 (SAME AS PREVIOUS LOCATION)

0002 25-OCT-2023 300 (SAME AS PREVIOUS LOCATION)

0003 26-APR-2023 1,200 (SAME AS PREVIOUS LOCATION)

0003 24-MAY-2023 1,200 (SAME AS PREVIOUS LOCATION)

0003 28-JUN-2023 1,200 (SAME AS PREVIOUS LOCATION)

0003 26-JUL-2023 1,200 (SAME AS PREVIOUS LOCATION)

0003 29-NOV-2023 500 (SAME AS PREVIOUS LOCATION)

0003 20-DEC-2023 1,200 (SAME AS PREVIOUS LOCATION)

0003 24-JAN-2024 1,200 (SAME AS PREVIOUS LOCATION)

0003 21-FEB-2024 400 (SAME AS PREVIOUS LOCATION)

0004 25-OCT-2023 900 (SAME AS PREVIOUS LOCATION)

0005 29-NOV-2023 700 (SAME AS PREVIOUS LOCATION)

0006 26-APR-2023 1 (SAME AS PREVIOUS LOCATION)

INSTALLATION INFORMATION

ANNISTON DEFENSE MUNITION CENTER RULES AND REGULATIONS

1. Security Identification Badges (SIB):

a. Security requirements at Anniston Defense Munitions Center, Anniston, Alabama, include issuance of badges for identification purposes to personnel entering the Depot. The SIB is the property of the U.S. Government issued for official use to the designated holder. Use or possession by any other person is unlawful and could subject the offender to criminal penalties under Title 18 U.S. Code, Sections 499 and 701. The SIB is government property and must be returned to the issuing office upon termination or demand. Contractors are required to secure employee identification badges from the Security Control Office for all their employees engaged in the contract performance who, as part of their employment, must enter the military installation.

b. Personnel entering the controlled area of Anniston Defense Munitions Center must display an authorized badge for entrance.

c. Visitors required to complete SIOAN Form 190-4 at the time of badging at the Main Gate VCC, as required by Sections 1-6 through 1-10 and 1-2, must complete the supplemental Anniston Defense Munitions Center Visitor’s Safety and Environmental Notice, and while on Anniston Defense Munitions Center, it must be maintained in the visitor’s possession with any SIB issued by DES.

d. Ammunition Restricted Limited Area. Verified employment with Anniston Defense Munitions Center, memorandum from directorate-level requesting authorization for Ammunition Restricted Limited Area Badge, ISMO verified at minimum, a favorably completed National Agency Check with Inquiries (NACI), and meet standard requirements outlined IAW AR 190-11 for personnel assigned to AR 190-11 duties.

e. Security Badge (Contractors):

Security badges issued to contractors are valid only for duration (dates) of the contract, including option years but will not exceed expiration of the badge series which is being issued. When contracts require a warranty period, the security badges of designated contractors will be extended to include the contract warranty period upon written request of the prime contractor (through the Contract Administrator).

The prime contractor is responsible for ensuring security badges are promptly returned to DES upon demand, expiration, or termination of an employee.

f. Contractor personnel must:

(1) Be a U.S. Citizen with proof of U.S. citizenship.

(2) Complete and submit SIOAN Form 380-2, Personal Data Questionnaire. The results of the background check and adjudication from submission of the SIOAN Form 380-2 are valid for one year, unless access has been withdrawn.

Contract employees that have current background investigations, and are in JPAS, can submit a visit request to ISMO through JPAS.

(3) Personnel must be current employees of the prime contractor or subcontractor or possess an intent to hire letter prior to submission of this form. Forms are available at the VCC or from DES.

(4) Receive identity verification and vetting prior to access being granted.

(5) The loss, theft, or damage of a badge must be reported immediately.

2. Hours of Work:

a. Normal working hours for Anniston Defense Munitions Center are 6:30 A.M. until 5:00 P.M. CST, Monday through Thursday. The following legal holidays will be observed.

January 1st 3rd Monday of January 3rd Monday of February Last Monday of May June 19th July 4th 1st Monday of September 2nd Monday of October November 11th 4th Thursday of November December 25th

When one of the designated holidays falls on a Friday or a Saturday, that holiday will be observed on Thursday. If the holiday falls on a Sunday, that holiday will be observed on the following Monday.

b. An appointment must be made prior to delivery. No deliveries will be made after 2:00 P.M. CST or without an appointment.

3. Traffic:

The Contractor will be required to conform to Depot regulations:

(a) Designated routes

(b) Perking regulations

(c) Insurance requirements concerning the type and amount of automobile liability insurance the contractor is required to maintain on all automobiles used by the contractor in connection with the performance of the contract.

The contractor will also insure that all private vehicles brought on the Government reservation by either the contractor or any of his employees and not used in connection with the performance of this contract are fully insured for minimum amount of personal injury and property damage liability required by the State of Alabama.

(d) Speed and Driving Restrictions

1. State of Alabama motor vehicle laws (Code of Alabama Title 32) and Alabama promulgated rules are applicable for enforcement on Anniston Defense Munitions Center, as written through the Assimilative Crimes Act, 18 USC, Section 13, and are adopted as the traffic code for Anniston Defense Munitions Center, as supplemented by this regulation.

2. The provisions of this regulation are mandatory. Military personnel who violates this directive may be subject to disciplinary action under the Uniform Code of Military Justice (UCMJ). Federal Civilian employees, including DA civilians, may be subject to appropriate civilian discipline. Violators of motor vehicle laws may be issued a Violation Notice for U.S. District Court (1805), and may be prosecuted in U.S. Magistrate’s Court.

The Contractor will be required to comply with Depot Regulations ANADR 190-19 June 2015.

4. Safety:

The Contractor will be required to comply with Depot Regulations AR 385-1 Series.

a. Fire Prevention and Protection:

The Contractor shall comply with all fire prevention measures prescribed in the installation fire regulations, (ANAD 420-6 Fire Prevention Control and Evacuation), a copy of which is on file in the office of the Directorate of Public Works, Building 1. A written fire permit shall be obtained from the installation fire marshal for use in open flame devices such as blowtorches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment in, on, or within 15 feet of buildings. The Contractor shall be liable for any fire loss to Government property attributable to negligence on the part of the Contractor, including failure to comply with fire prevention measures prescribed by terms of this contract.

b. Safety and Accident Prevention:

The provisions of AMCR 385-100, Safety Manual, and Volume 37, Number 202, Part II, Dept. of Labor, Occupational Safety and Health Standards, dated October 18, 1972 will be strictly adhered to and will be available in the office of the Directorate of Public Works, Building 1 for reference by Contractors.

c. Insurance Requirements:

In accordance with Insurance-Work on a Government Installation clause, FAR Reference 52.228-5, incorporated herein, the following amounts of insurance are required:

TYPE MINIMUM AMOUNTS

Workers’ Compensation and Employer’s Liability $100,000.00

General Liability, Bodily Injury Liability $500,000.00 per occurrence

Automobile Liability $200,000.00 per person $500,000.00 per occurrence for bodily injury $20,000.00 per occurrence for property damage

5. Protection of Natural Resources and Environment:

The Contractor is directed to adhere to all Federal, State, and Local Laws and Regulations and to strictly follow the Statement of Work (SOW) and any plans, maps, or diagrams provided. The Contractor shall comply with Army Regulation 200-1 (Environmental Program). Any questions with regard to natural resources or environmental issues that arises during any phase of work under this contract shall be addressed to the Contracting Officer.

6. Utilities and Excavation:

It has been determined by the Contracting Officer, that Government owned and operated utility systems and supplies are adequate for the needs and use of the Contractor as well as the Government and all reasonably required amounts of water and electricity will be made available to the contractor without charge. Contractor shall obtain a dig permit from Building S-14 prior to performing any excavation.

7. Clearing the Depot at Contract Completion:

Contractors shall clean up all work sites, remove all contractor-owned equipment and material, and shall turn in any and all badges issued to contractor personnel before final payment can be made.

MARKING INSTURCTIONS

Mark all correspondence, parcels, packing slips, and invoices with the purchase order number W52P1J- and with the purchase requisition number (see schedule) to ensure prompt and complete payment.

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, 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 proposal or revision is due.

(ii)(A) Any proposal, modification, or revision 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--

(1) 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 proposals; or

(2) 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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

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

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

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

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

(iv) A summary of the rationale for award.

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

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

(End of provision)

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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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.

52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance(Street Address, City, State, County, Zip Code)

Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

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

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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end…