B08 - W519TC25Q2170 released.pdf
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- Attached to
- Plasma Cutting System
- Solicitation number
- W519TC25Q2170
About this file
This document is a federal solicitation for a Plasma Cutting System issued by the Army Contracting Command - Rock Island (ACC-RI) for the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC). The solicitation (W519TC25Q2170) is a Firm Fixed Price procurement for a 4-ft by 8-ft plasma cutting table, using Lowest Price Technically Acceptable (LPTA) source selection procedures. The solicitation is set aside for small businesses, with a size standard of 500 employees and NAICS code 333517.
Key submission requirements include providing a compliance statement for the Rock Island Purchase Description (RIPD), identifying specific manufacturer and model details, and including a minimum one-year parts and labor warranty. Quotes must be submitted electronically to the Contract Specialist by 12:00 PM on 28 Apr 2025. Pricing will be submitted on a FOB Destination basis to Rock Island, IL 61299, with unit prices binding for one year. The government intends to award without discussions, seeking the lowest total evaluated price among technically acceptable offers.
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SEE ADDENDUM
( No Col lect Cal ls )
W519TC25Q2170 16-Apr-2025
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
12:00 PM 28 Apr 2025
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. TH IS 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
INFORMATION CALL:
a. NAM E
TRAVIS J. POINDEXTER
2. CONTRACT NO. 3 . AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
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 CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN
% FOR:SET ASI DE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ARMY CONTRACTING 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. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLIC ITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333517
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 OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN- OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF38
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEI VED INSPECTED
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 REPRESENTATIVE
37. CHECK NUMBER
FI NALPARTIALCOMPLETE
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. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TITLE 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.
W519TC25Q2170
Section SF 1449 - CONTINUATION SHEET
SOLICITATION NARRATIVE
1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues solicitation W519TC25Q2170 for a Plasma Cutting System in accordance with the Rock Island Purchase Description (RIPD) listed below in support of 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 (Simplified Acquisition Procedures). The result of this solicitation will be a Firm Fixed Price contract.
2. Your attention is directed to the following:
Instructions to Offerors - Commercial Items Attachment 0001 – RIPD E4000-25-2-08 Plasma Cutting System Attachment 0002 – 25-2-08 CDRL – Plasma Cutting System
3. Offerors are cautioned to ensure their quotes are fully complete, including all fill-ins and blanks in the solicitation.
Any offeror submitting a quote agrees by submission that their quote and the prices contained therein will be valid for 90 days after date of quote.
4. Payment will be made by the Defense Finance and Accounting Service (DFAS) via Wide Area Workflow
(WAWF) DFARS 252.232-7006.
5. Standard commercial warranty shall include at a minimum 1-year parts and labor. Warranty shall begin upon final acceptance of the equipment purchased under this solicitation.
6. Army Contracting Command Government Point of Contact (POC) Attachment:
The Contract Specialist is Heather Petersen, heather.j.petersen.civ@army.mil.
The Procuring Contracting Officer is Cathy Mendoza, cathy.k.mendoza.civ@army.mil.
7. Additional OPSEC Information:
AT LEVEL I TRAINING.
All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 60 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil.
ACCESS AND GENERNAL PROTECTION/SECURITY POLICY AND PROCEDURES.
The contractor and all associated subcontractor’s employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government Representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of emergency Services, or Security office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the change clause of this contract, should the For Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
IMPACT ON CONTRACTOR PERFORMANCE DURING INCREASED FPCON DURING PERIODS OF
INCREASED THREAT.
During FPCONs Charlie and Delta, Services may be discontinued / postponed due to higher threat. Services will resume when FPCON level is reduced to level Bravo or lower.
RANDOM ANTITERRORISM MEASURES PROGRAM (RAMP) PARTICIPATION.
Contractor personnel working on an installation are subject to participation.
8. 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. Preregistration 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.
The Visitor Access Form, instructions, and “How Do I Get On Post?” flowchart can be found at https://home.army.mil/ria/about/visitor-information, click on Pass Request Information (middle right), to Visitor Access Form.
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 is RIA Visitor Center, email: usarmy.ria.imcom.mbx.usag-access-request@army.mil Their phone number is 309-782- 1337.
RECEIVING HOURS OF OPERATION:
Monday – Friday, 6:30am to 2:00pm CST - Excluding Federal Holidays Deliveries before or after the above stated hours will be turned away.
Appointments are not necessary.
INSTRUCTIONS TO OFFERORS
Instructions to Offerors - Commercial Items
1. General Instructions: These instructions are a guide for preparing your quote. These instructions generally describe the type and extent of information you should provide and address in your quote. You are expected to review the SOW/RIPD contained in this solicitation for further insight into the areas that your quote must address.
You should include in the quote sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated areas. It is the Government's intent to award a single Firm Fixed Price (FFP) contract. A Lowest Price Technically Acceptable (LPTA) process in accordance with FAR 15.101-2 is being utilized to select the successful offeror and no trade-offs will be made. The Government intends to evaluate quotes and award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial response should contain the offerors best terms and price; however, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.
2. Quote Submission and Format: The offerors quote shall be prepared and authorized by a person regularly employed by the offeror. The quote should state the name of each person contributing to the authorship of the quote, the persons position title, phone number, and email address of the person who should be contacted should a contract be awarded. The quote should be prepared in a clear, legible, practical manner. In addition, the quote shall be written in English and should be specific and complete as described in these instructions. Offerors must submit their quotes in electronic format prior to the closing date and time listed on the first page of this solicitation. Quotes may be emailed to the Contract Specialist listed as follows:
Contract Specialist: Heather Petersen Email: heather.j.petersen.civ@army.mil
Other formats such as (but not limited to) third party cloud file services, hard copies, CDs, and Drop Box) will not be acceptable.
Failure to provide a complete quote package will result in the offer being determined nonresponsive and it will no longer be considered for award.
The following factors will be evaluated on an ACCEPTABLE/UNACCEPTABLE basis.
ACCEPTABLE:
Quote meets the requirements of the solicitation. UNACCEPTABLE: Quote does not meet the requirements of the solicitation.
For a quote to be rated as ACCEPTABLE for the Technical factor, each subfactor identified must receive an ACCEPTABLE rating. Only those quotes which receive an ACCEPTABLE on all Technical subfactors will be further evaluated under the Price Factors.
Quotes shall be submitted as set forth below:
Factor 1: Technical Subfactor 1: SOW/RIPD Compliance Subfactor 2: Equipment Identification Subfactor 3: Warranty
Factor 2: Price
3. Factor 1: Technical Subfactor 1: RIPD Compliance: Each offeror shall provide a statement of compliance. It shall be a copy of the RIPD at Attachment 0001. At the end of each and every paragraph the offeror shall type or write exactly either "COMPLY" or "NON-COMPLY". Other formats will not be considered acceptable. The offeror may include reasoning or an explanation in the case that they state “NONCOMPLY” with any paragraph. In certain instances, the Government may determine these deficiencies as a “minor non-compliance” and to be an acceptable deviation to the specification.
SubFactor 2: Equipment Identification: Each offeror shall identify the specific Manufacturer and model number offered against each equipment component. The offeror may provide a written brochure to provide evidence that the proposed item will meet the performance characteristics required in the RIPD. As part of the quote, the offeror shall also identify all software device drivers required for the equipment proposed. Versions for software and driver are required to be identified for the machines proposed.
SubFactor 3: Warranty: The quote must include a minimum one-year parts and labor warranty which shall begin upon final acceptance. The contractor will need to provide written documentation stating that the warranty will begin from date of final acceptance.
4. Factor 2: Price:
A firm fixed price for CLIN 0001 on this solicitation is required. The offerors shall enter firm fixed prices for the CLIN 0001 at the CLIN level of this solicitation.
Prices shall be submitted on a FOB Destination basis. Ship to location is Rock Island, IL 61299.
All unit prices proposed will be binding. Prices shall be valid for 1 year after date of quote. 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 a quote.
EVALUATION CRITERIA
1. Basis for Contract Award: The Government plans to award a single Firm Fixed Price (FFP) purchase order utilizing the Lowest Price Technically Acceptable (LPTA) source selection procedures with FAR 15.101-2. The evaluation factors include Technical (ACCEPTABLE/UNACCEPTABLE) and Price. The technical factor will be rated as ACCEPTABLE/UNACCEPTABLE. Contractors who do not receive an ACCEPTABLE rating for all technical subfactors, and an overall ACCEPTABLE rating for the Technical factor will not be further evaluated and will not be eligible for award. The Government will not rate or rank quotes but will select the quote that provides the best overall value to the Government based on the lowest total evaluated price of those quotes deemed technically acceptable.
2. The Government intends to evaluate quotes and award a purchase order without discussions with contractors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial quote should contain their best terms for technical and price. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.
3. Evaluation Factors:
Factor 1: Technical
Subfactor 1: RIPD Compliance: Each offeror shall provide a statement of compliance. It shall be a copy of the RIPD at Attachment 0001. At the end of every paragraph the offeror shall type or write exactly either "COMPLY" or "NON- COMPLY". Other formats will not be considered acceptable. The offeror may include reasoning or an explanation in the case that they state “NON- COMPLY” with any paragraph.
In certain instances, the Government may determine these deficiencies as a “minor noncompliance” and to be an acceptable deviation to the specification.
ACCEPTABLE:
The offeror’s RIPD Compliance is a copy of the RIPD and at the end of every paragraph the vendor responded exactly either “COMPLY” or “NON-COMPLY”. If “NON-COMPLY” is written, a brief description of the non-compliance was provided. Any non-compliances which are determined to be minor non-compliances and are determined to be an acceptable deviation to the specification.
UNACCEPTABLE:
The quote does not include a Compliance Statement or the Compliance Statement is not a copy of the RIPD and/or does not include at the end of each and every paragraph typed or written exactly either “COMPLY” or “NON- COMPLY”. If “NON-COMPLY” is written, a brief description of the noncompliance is not included.
Any non-compliances are determined to be unacceptable.
The equipment offered does not meet the requirements of the RIPD even if noted properly.
Subfactor 2: Equipment Identification: Each offeror shall identify the specific Manufacturer and model number offered against each equipment component. The offeror may provide a written brochure to provide evidence that the proposed item will meet the performance characteristics required in the RIPD. As part of the quote, the offeror shall also identify all software device drivers required for the equipment proposed. Versions for software and driver are required to be identified for the machines proposed.
ACCEPTABLE:
The offeror identifies the manufacturer and model number of the equipment being offered. The offeror also identifies all software device drivers required for the equipment proposed. Versions for software and driver are also required to be identified for the machines proposed.
UNACCEPTABLE:
The offeror's quote does not identify the manufacturer and model number of the equipment being offered. The software device drives are not proposed. Versions for software and driver are not identified.
Subfactor 3: Warranty: The quote must include a minimum one year parts and labor warranty which shall begin upon final acceptance. The contractor will need to provide a writing documentation stating that the warranty will begin from date of acceptance of equipment.
ACCEPTABLE:
The offeror includes a minimum warranty of one year for parts and labor and will begin upon final acceptance.
UNACCEPTABLE:
The quote does not include warranty information, or the quote does not include a minimum warranty of one year for parts and labor that does not begin upon final acceptance.
All offerors receiving an ACCEPTABLE rating for all Technical subfactors will receive a ACCEPTABLE rating for Factor 1: Technical and will be further evaluated on price. Offerors that do not receive an ACCEPTABLE rating for all Technical subfactors will receive a UNACCEPTABLE rating for Factor 1: Technical and will not be evaluated further or considered for award.
Factor 2: Price: For the offerors that receive an ACCEPTABLE rating on the technical factors, their quotes will be evaluated on the prices proposed for CLIN 0001.
The offeror shall enter a firm fixed price for CLIN 0001. Prices shall be submitted on a FOB Destination basis. Ship to location is Rock Island, IL 61299. The unit price will be binding. The Government reserves the right to require the submission of any data (i.e., other than cost or pricing data) necessary to validate the reasonableness of an offer.
Pricing shall be valid for 1 year after date of quote.
The Government intends to award to the lowest priced, technically acceptable offer.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
PLASMA CUTTING SYSTEM
FFP
4-ft by 8-ft plasma cutting table IAW Attachment 0001 – RIPD E4000-25-2-08 Plasma Cutting System FOB: Destination
MFR PART NR: MFG
PSC CD: 3433
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management NOV 2024 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
NOV 2021
PROVISIONS 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 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 Ms. Cathy Mendoza, Contracting Officer, Army Contract Command – Rock Island IL (ACC-RI)(CCRI-AIH), cathy.k.mendoza.civ@army.mil.
(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):
https://www.acquisition.gov/browse/index/far (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 2018 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.211-17 Delivery of Excess Quantities SEP 1989
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 AUG 1996 52.246-16 Responsibility for Supplies 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 MAR 2022 252.243-7001 Pricing of Contract Modifications DEC 1991 252.225-7048 Export Controlled Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
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
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--
Representation.
OCT 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
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 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024
252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7036 Buy American--Free Trade Agreements--Balance of
Payments Program--Basic
FEB 2024
252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a…
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