Clauses and Provisions.pdf

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Attached to
RFQ - Handheld Backscatter X-Ray Machine Federal contract opportunity
Solicitation number
W912NS24Q9016
Issued by
Department of the Army National Guard

About this file

This document contains the clauses and provisions that apply to a federal contract opportunity for a Handheld Backscatter X-Ray Machine. The opportunity is a small business set-aside with a NAICS code of 334517 - Irradiation Apparatus Manufacturing and a PSC of 6635 Physical Properties Testing and Inspection.

The solicitation requests quotes for the commercial service of providing a Handheld Backscatter X-Ray Machine. Quotes are due by 3:00 PM Central Time on September 24, 2024. The award will be a firm-fixed price purchase order based on price and other factors such as lead time, warranty, product specifications, and capabilities. The Missouri National Guard reserves the right to consider past performance, references, and SBA certification before determining technical acceptability. Invoicing and payment will be through Wide Area Workflow with net 30 terms.

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Text version

The following provisions and clauses apply to this acquisition:

Clauses concerning Type of Set-Aside:

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

Joint Venture:

A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212- 3(b) for the following categories:

(A) Small business

(B) Service-disabled veteran-owned small business

(C) Women-owned small business (WOSB) under the WOSB Program

(D) Economically disadvantaged women-owned small business under the WOSB Program

(E) Historically underutilized business zone small business.

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017), FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017),

FAR 52.204-7 System for Award Management (OCT 2018), FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020), FAR 52.204-13 System for Award Management Maintenance (OCT 2018), FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020), FAR 52.204-17 Ownership or Control of Offeror (AUG 2020), FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020), FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014), FAR 52.204-20 Predecessor of Offeror (AUG 2020), FAR 52.204-22 Alternative Line Item Proposal (JAN 2017), FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021), FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021), FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021), FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020), FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023), FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (DEC 2023), FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition (DEC 2023), FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred Suspended, or Proposed for Debarment (NOV 2021), FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015), FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016), FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (MAR 2023), FAR 52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services (Deviation 2024-O0002) (JAN 2024), FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(DEC 2022),

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Deviation 2024-O0002) (JAN 2024), FAR 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997), FAR 52.219-1 Small Business Program Representations (Deviation 2024-O0002) (JAN 2024), FAR 52.219-8 Utilization of Small Business Concerns (Deviation 2024-O0002) (JAN 2024), FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Deviation 2024-O0002) (JAN 2024), FAR 52.222-3 Convict Labor (JUN 2003), FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015), FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999), FAR 52.222-26 Equal Opportunity (SEP 2016), FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020), FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020), FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021), FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018), FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013), FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021), FAR 52.233-3 Protest After Award (AUG 1996), FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004), DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011), DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022), DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022), DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992), DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016), DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (JAN 2023), DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors (JAN 2023), DFARS 252.211-7003 Item Unique Identification and Valuation (JAN 2023), DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (SEP 2019), DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors (JAN 2023), DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014), DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023), DFARS 252.225-7001 Buy American and Balance of Payments Program (DEC 2017), DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022), DFARS 252.225-7036 Buy American—Free Trade Agreements--Balance of Payments Program (JAN 2023), DFARS 252.225-7048 Export-Controlled Items (JUNE 2013), DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (JAN 2023), DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023), DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation (JUN 2023), DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JUN 2023), DFARS 252.232-7003 Electronic Submission of Payment Requests and receiving reports (DEC 2018), DFARS 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023), DFARS 252.232-7010 Levies on Contract Payments (DEC 2006), DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991), DFARS 252.244-7000 Subcontracts for Commercial Items (JAN 2023), DFARS 252.247-7023 Transportation of Supplies by Sea (JAN 2023), FAR PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT:

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/

(End of provision)

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/

(End of clause)

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 Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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 Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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