B08_W519TC-24-Q-2057_Fire_Extinguisher_and_Brackets_SOL_19JAN24.pdf
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- Solicitation number
- W519TC-24-Q-2057
About this file
This solicitation is for a 5-year Indefinite Delivery/Indefinite Quantity contract for the procurement of fire extinguishers and brackets in support of the Metal Working and Machine Shop Set program at Rock Island Arsenal. The Army Contracting Command - Rock Island will issue delivery orders under the IDIQ for quantities between 1 and 265 each of fire extinguishers in 10 lb and 30 lb sizes, as well as associated mounting brackets, to be delivered within 30 days of order. Prices should be proposed at the CLIN level for each annual ordering period on the attached price matrix. Proposals are due by February 9th and award will be made to the lowest priced responsive offer. The contract will have minimum and maximum order limitations and require product warranties, delivery tracking, and electronic invoicing.
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SEE ADDENDUM
( No Col lect Cal ls )
W519TC24Q2057 19-Jan-2024
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
10:00 AM 09 Feb 2024
5. SOLICITATION NUM BER 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 X ARE
26. TOTAL AWARD AMOUNT (For Gov t . Use Only)
23.
CODE 10. THIS ACQUISI TION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W519TC9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORM ATION CALL:
a. NAM E
SOPHIA L. MUCKENFUSS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRI NT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52. 212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRI ATION DATA
1. REQUISITION NUMBER
20.
ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDI TIONS 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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE
SET FORTH HEREIN, I S ACCEPTED AS TO I TEMS:
. YOUR OFFER ON SOLI CI TATION
28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN
% FOR:SET ASI DE:UNRESTRI CTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILI TY
OFFEROR CODE
ARMY CONTRACTI NG COMMAND - ROCK ISLAND
3055 RODMAN AVE
ROCK ISLAND I L 61299
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATI NG
CODE15. DELI VER TO CODE 16. ADMI NI STERED BY
SEE SCHEDULE
12. DI SCOUNT TERMS11. DELI VERY FOR FOB DESTI NA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVI CE-DISABLED
VETERAN-OWNED
SMALL BUSI NESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAI CS:
333998
X
OFFER DATED
29. AW ARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY
COPI ES TO ISSUI NG OFFI CE. 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.
X
WOM EN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOM EN- OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF55
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTI TY IN COLUMN 21 HAS BEEN
RECEI VED I NSPECTED
32b. SIGNATURE OF AUTHORI ZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATI VE
32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATI VE
37. CHECK NUMBER
FI NALPARTI ALCOMPLETE
36. PAY MENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHI P NUMBER
PARTI AL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAI D BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TI TLE OF CERTIFYI NG OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/ MM/ DD) 42d. TOTAL CONTAI NERS
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.
W519TC24Q2057
Section SF 1449 - CONTINUATION SHEET
SOLICITATION NARRATIVE
1. The Army Contracting Command – Rock Island (ACC-RI) hereby issues Solicitation W519TC-24-Q-2057 for the procurement of Fire Extinguishers & Brackets in support of the Metal Working and Machine Shop Set (MWMSS) program at the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC).
The Solicitation is issued in accordance with FAR Part 12 (Acquisition of Commercial Items) and FAR Part 13.5 (Simplified Procedures for Certain Commercial Products and Commercial Services). The result of this Solicitation will be a Firm Fixed Price (FFP), 5-year Indefinite Delivery/Indefinite Quantity (IDIQ) Contract. Award will be based on the lowest priced, responsive, responsible contractor quote whose offer conforms to the Solicitation requirement to include delivery schedule and represents the lowest total evaluated price. Contractor responsibility will be determined as outlined by FAR 9.104-1.
The IDIQ will include a Five-year, One-year evaluated ordering periods as followed:
Ordering Period One: Date of Contract to 365 Calendar Day Ordering Period Two: 366 Calendar Day to 731 Calendar Day
Ordering Period Three: 732 Calendar Day to 1,096 Calendar Day Ordering Period Four: 1,097 Calendar Day to 1,462 Calendar Day Ordering Period Five: 1,463 Calendar Day to 1,827 Calendar Day
* Actual dates will be clarified at the time of Award*
Proposal Due Date: Friday, February 9th at 10:00AM Central Time Zone.
2. Any offeror submitting a quote agrees by submission that their quote and the prices contained therein will be valid for 30 days after receipt of proposals.
3. Certificate of Conformance is required on all Deliveries.
4. MATERIAL MUST BE INSPECTED AND ACCEPTED BY RIA JMTC RECEIVING INSPECTION
5. The Minimum Guaranteed Quantity (MGQ) is One Fire Extinguisher & Bracket, which will be awarded concurrently with the award of the IDIQ. The Government is under no further obligation to order additional quantities.
6. Deliveries:
Deliveries shall begin no later than 30 days of issuance of delivery order. Firm delivery dates will be expressed on the delivery order(s).
Delivery will be FOB Destination to:
TRANSPORTATION OFFICER, W52H1C
BLDG 299, BECK AND GILLESPIE
EAST END, RECG DOOR 16A
ROCK ISLAND, IL 61299-5000
Failure to comply with the contractual delivery schedule after Award may result in termination of the order or require consideration if the Government elects to extend your delivery. The Government is not required to extend your deliver schedule if you encounter delays. The non-availability of raw materials, subcontractor issues, scheduling conflict, etc., are not acceptable excuse for failing to meet your delivery schedule. If there is going to be a delay in delivery, the contractor is required to notify the Contract Specialist and/or Contracting Officer designated in this purchase order prior to being late.
Contractors must provide written notice of what the delay is, the new proposed delivery schedule, and offered consideration for the delay for Government consideration. If the Government elects to extend your delivery, a formal modification will be implemented.
It is the responsibility of the contractor to ensure they are providing quality products that conform to the purchase order terms and conditions (to include delivery schedule). Delivery of non-conforming products results in delivery/acceptance delays and increased cost to the Government. Early Delivery is acceptable upon approval of the Government.
7. Warranty:
A commercial standard warranty (to include parts and labor) is required for all CLINS. All warranties will begin upon final acceptance by the United States Government (USG). Contractor shall provide the product warranty information IAW CDRL 0002 (A03_Attachment_CDRL0002_(Product Warranty Information)) upon Award.
8. Payment:
Payment will be paid by Defense Finance and Accounting Systems (DFAS) via Wide Area Workflow (WAWF) upon submission of invoices. Only Electronic invoices, submitted through WAWF, will be accepted. All other formats will be rejected.
9. Instructions, Conditions and Notice to Vendors:
Offerors shall complete the Price Matrix (Attachment 0005). Pricing provided ONLY at the CLIN level is not acceptable. Each cell that requires the Offeror’s input on the Price Matrix has been highlighted in YELLOW. The offeror shall enter firm fixed prices for each CLIN, Ordering Period, and Quantity Ranges on the applicable Price Matrix (Attachment 0005).
Proposed unit prices must be submitted on an FOB Destination basis. Ship to location is Rock Island, IL 61299- 5000. The quantity ranges on the Price Matrix are provided solely for the purpose of establishing reasonable ranges of quantities against which to provide prices in the event all delivery orders are executed. In order to be acceptable, an offer must include firm fixed unit prices for all CLINs, all ordering periods and quantity ranges listed on the Price Matrix. Any order placed against the resulting contract will be at the unit price offered by the Contractor for the applicable quantity range and ordering period. Failure to complete the Price Matrix in its entirety may deem an offeror as non-responsive. No other information is to be added to the Price Matrix, nor shall Offerors make any changes to the Price Matrix.
All proposed unit prices are limited to two decimal places and shall be stated in current U.S. dollars. All unit prices proposed will be binding. The Government reserves the right to require the submission of any data (i.e. certified cost or pricing data or data other than certified cost or pricing data) necessary to validate the reasonableness of an offer.
Award will be made to the Offeror whose quote represents the lowest total evaluated price. Therefore, the Contractor’s initial quote should contain the Contractor’s best terms.
Any order placed against the resulting contract will be at the unit price offered by the Contractor for the applicable quantity range and ordering period based on the date the delivery order is issued. Upon award, Delivery Order 0001 will be placed for at least the guaranteed minimum quantity.
10. Evaluation Factors for Award:
Award will be made to the Offeror whose quote represents the lowest total evaluated price. Therefore, the Contractor’s initial quote should contain the Contractor’s best terms.
a. The Government will evaluate offers based on prices proposed for all Ordering Periods and any other price related factors required by the solicitation. Prices will be determined fair and reasonable IAW:
FAR 13.106-2.
b. For each quote, the Government will calculate a weighted average price for each CLIN by multiplying the proposed unit prices for each Quantity Range and Ordering Period by their respective weight. Note that the weight associated with each range represents the likelihood that an order, if placed, would be placed within that range. The weighted average unit price is then multiplied by the estimated annual quantity for each ordering period to calculate an estimated annual total price. Note that the annual estimated quantity is just an estimate for evaluation purposes only and does not bind the Government to purchase those quantities in any ordering period.
c. The Total Evaluated Price is the sum of the evaluated price for each CLIN.
d. If an offeror fails to submit unit prices for all quantity ranges and Ordering Periods listed on the Price Evaluation Sheet, its proposal may be considered unacceptable and the Government may reject the quote.
11. All offerors must complete the following. Failure to comply may result in your firm being considered non-compliant.
FAR 52.223-22 – Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation is included in this solicitation.
Did your firm receive $7.5 million or more in Federal contract awards in the prior Federal fiscal year?
Please place an “X” next to the appropriate answer.
Yes ______ Completion of 52.223-22, located in the Addendum to 52.212-1 below is required.
No ______ No further action for this provision is required.
12. The following is a list of documents incorporated as attachments to this solicitation:
Attachment 0001 CDRL_0001_Commercial Manuals & Copyright Release Attachment 0002 CDRL_0002_Product Warranty Information Attachment 0003 CDRL_0003_LMI Data Product – Provisioning Requirements Attachment 0004 CDRL_0004_Safety & Health Hazard Safety Assessment Report Attachment 0005 Price Matrix
13. Only ACC-RI (CCRC-AIH) is authorized to issue delivery orders under this IDIQ contract.
14. Army Contracting Command Government Points of Contact (POC):
Contract Specialist – Sophia Muckenfuss at sophia.l.muckenfuss.civ@army.mil Contracting Officer – Cathy Mendoza at cathy.k.mendoza.civ@army.mil
**NOTE: Communication with the Government should start at the lowest possible level.**
15. Rock Island Arsenal (RIA) Visitor Access Passes are issued to individuals, not companies or groups.
All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three (3) business days prior to their visit. Pre-registration of visitors allows for the National Crime Information Center NCIC-III background check to be conducted prior to the individual arriving at RIA, reducing their wait time upon arrival.
It is the responsibility of the prime contractor to ensure that this information is passed along to any subcontractor or transportation provider used during the performance of this purchase order. DRIVERS WHO DO NOT MEET THE
INSTALLATION ACCESS REQUIREMENTS WILL NOT BE ALLOWED ON THE INSTALLLATION AND
WILL BE TURNED AWAY.
NOTE: As of 31 Dec 2015, Department of Defense and Department of the Army has directed that Driver Licenses and ID cards from Minnesota, Missouri and Washington are not compliant with the standards of the REAL ID Act and cannot be used on their own as a primary means of identification to apply for access to Rock Island Arsenal. Driver’s Licenses that have written on the top of them “NOT FOR FEDERAL IDENTIFICATION PURPOSES” are also non-compliant.
These non-compliant driver’s license or state issued identification cards may still be presented at the Rock Island Visitor Control Center, but they must be accompanied by one of the following secondary forms of identification before a records check is conducted and installation access is granted:
*Current vehicle registration showing name and address *Social Security card *US passport or passport card *US Military or Draft Record (DD-214 or Selective Service Registration Card) *Veteran Health Identification Card issued by the US Department of Veterans Affairs *Transportation Worker Identification Credential *Personal Identification Verification card issued by the Federal Government *Personal Identification Verification 0 Interoperable card issued by the Federal Government *US Certificate of Naturalization or certificate of citizenship (Form N-550) *US Department of Homeland Security “Trusted Traveler” card (Global Entry, NEXUS, SENTRI, or FAST) *Driver’s license issued by the US Department of State *US Military Identification Card for military members, dependents and retirees *US Permanent Resident/Alien Registration Receipt Card (Form 1-551) *US Coast Guard or Department of Homeland Security Merchant Mariner card *Native American Tribal Photo Identification card
Visitor Access Request Forms and a complete list of acceptable identification can be found at https://home.army.mil/ria/ click on (“Menu”), then (“Visitor Information”), and then under (“How to Visit Rock Island Arsenal”) click on the second bullet (“How to Obtain a Visitor Pass”). Then on the right side of the screen click on (“Access Request Process”) or call 309-782-0551.
Forms may be emailed for faxed.
All visitors must process through the Moline Visitor Center Gate (I-74) off of River Drive in Moline, IL. Visitors (to include transportation and freight providers) will require proper identification to access RIA POC for this Policy are:
RIA Visitor Center:
Phone 309-782-0551
FAX 309- 782-5029
Email: usarmy.ria.imcom.mbx.usag-access-request@mail.mil
RECEIVING HOURS OF OPERATION:
Monday – Friday, 6:30am to 2:00pm CST
Deliveries before or after the above stated hours will be turned away.
Appointments are not necessary.
For Directions call: 309-782-8539 (Automated)
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 265 Each
FIRE EXTINGUISHER 10 LB
FFP
FIRE EXTINGUISHER 10 LB
CLASS ABC
15-21 FOOT RANGE
20 SECOND DISCHARGE TIME
STEEL BODY
ALUMINUM VALVE
21" LONG
7" DIAMETER
MUST BE COMPATIBLE WITH DRAWING 11B5090976
FOB: Destination
MFR PART NR: MFG
PSC CD: 4210
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 265 Each
FIRE EXTINGUISHER BRACKET 10 LB
FFP
PURCHASE IAW DRAWING 11B5090977
HEAVY DUTY BOX TYPE VEHICLE
BRACKET FOR FIRE EXTINGUISHER 10LB
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0003 265 Each
FIRE EXTINGUISHER 30 LB
FFP
FIRE EXTINGUISHER 30 LB
CLASS D
3-6 FOOT RANGE
24 SECOND DISCHARGE TIME
STEEL BODY
ALL METAL VALVE
35" LONG
13" DIAMETER
MUST BE COMPATIBLE WITH DRAWING 11B5090978
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0004 265 Each
FIRE EXTINGUISHER BRACKET 30 LB
FFP
PURCHASE IAW DRAWING 11B5090979
HEAVY DUTY BOX TYPE
VEHICLE BRACKET FOR FIRE EXTINGUISHER 30 LB
FOB: Destination
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
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
PROVISIONS INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data
OCT 2010
PROVISIONS INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
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 Items. 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)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Cathy Mendoza. (Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.)
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (Nov 2020)
a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
b) The use in this solicitation of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
ADDENDUM TO 52.212-4
ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.204-13 System for Award Management Maintenance OCT 2016
52.204-19 Incorporation by Reference of representations and Certifications. DEC 2014
52.211-17 Delivery of Excess Quantities SEP 1989 52.227-1 Authorization and Constant JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.243-1 Changes – Fixed Price AUG 1987 52.246-2 Inspection of Supplies- Fixed Price- Basic AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.204-7003 Control of Government Personnel Work Product APR 1992 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.243-7001 Pricing of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.216-18 ORDERING. (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through
TBD.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 EACH, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor –
(1) Any order for a single item in excess of 265 EACH;
(2) Any order for a combination of items in excess of 1,060 EACH; or
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
END OF ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.219-14 Limitations On Subcontracting OCT 2022 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7017 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 NOV 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7008 Only One Offer DEC 2022 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
JAN 2023
252.225-7055 Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.244-7000 Subcontracts for Commercial Products or Commercial Services
NOV 2023
252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7008 Sources of Electronic Parts 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.
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.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC…
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