Combined synopsis solicitation-Final.pdf

70CMSW24Q00000001

COMBINED SYNOPSIS SOLICITATION

REQUEST FOR QUOTATIONS (RFQ)

RFQ # 70CMSW24Q00000001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with FAR Part 13. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 dated September 22, 2023.

NAICS Code: The associated North American Industrial Classification System (NAICS) code for this procurement is 332994, Small Arms, Ordnance, and Ordnance Accessories Manufacturing.

Product Service Code (PSC): The associated PSC is 1005 (Guns, Through 30MM)

100% Small Business (SB) Set Aside: This acquisition is a 100% total small business set-aside so the Government will only consider quotes from small businesses.

BRAND NAME REQUIREMENT: This is a Brand Name requirement for products from the manufacturer, Colt firearms Original Equipment Manufacturer (OEM). NO substitution items from a different manufacturer will be accepted or evaluated.

I. GENERAL REQUIREMENT:

Description of Blanket Purchase Agreement(s):

Pursuant to the authority listed in FAR 13.303-2, The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) Office of Acquisition (OAQ) intends to establish a single Firm-Fixed-Price (FFP) Blanket Purchase Agreements (BPA) to procure replacement weapon system parts produced by the Original Equipment Manufacturer (OEM). These specific parts needed are listed in Attachment 1– Parts Schedule. The OEM listed below is the only manufacturer of the required brand name equipment compatible with the current weapons platforms utilized by ICE:

COLT Manufacturing Company LLC

547 New Park Avenue West Hartford, CT 06110-1336

BPA Term:

The period of performance for this BPA is for five (5) years from the effective date of the agreement.

The Agreement shall be reviewed by the Contracting Activity at least annually before the anniversary of its effective date to determine whether there is a continuing need of the Government and it will be revised as necessary to conform to the requirements of the Federal Acquisition Regulation and applicable supplements or statutory requirements.

This BPA will be Firm Fixed Price with a total estimated value of $3,500,000.00.

Obligation:

This BPA does not obligate any funds. Funds will be obligated through individual BPA Calls issued under this BPA.

Modification:

This BPA may be modified only under its terms and conditions or by mutual agreement of the parties.

Any change shall be effective only through written modification to this Agreement and not by individual orders issued hereunder. Modifications to this Agreement shall have no retroactive effect on orders previously issued.

Pricing Terms:

Attachment 1 (Parts Schedule) contains the complete list of all required OEM replacement parts and accessories which will be incorporated upon award of the agreement. The prices will be reviewed annually or as required to determine whether a reduction is appropriate in accordance with the price reduction provisions of the agreement.

Government funds are obligated only to the extent that a duly issued order creates such obligation. In order to provide maximum flexibility for market conditions, economies of scale and quantity considerations and other price influencing factors which may vary from time to time firms will be required to submit Not to Exceed unit prices for each of the anticipated 5 year duration of the BPA.

Each order under the BPA shall be on a Firm Fixed Price basis. The order proposal cannot be based on prices that exceed the applicable work line item price for that applicable period.

There is no guaranteed minimum dollar amount or volume of work that will be ordered under this agreement.

Accounting and Appropriation Data - Accounting and appropriation data for obligations under the agreement will be set forth on individual delivery orders (DOs).

Price reductions - In addition to the circumstances outlined above, there may be instances when ordering offices will find it advantageous to request a price reduction. For example, when the ordering office finds a supply or service elsewhere at a lower price, requesting a price reduction could be advantageous. The potential volume of orders under the agreement, regardless of the size of the individual order, may offer the ordering office the opportunity to secure greater discounts.

Any failure to reach agreement on price for any order issued before its price is established is a dispute under the Disputes clause included in the blanket purchase agreement.

Delivery Terms:

Products must be delivered upon issuance of individual order to:

DHS/ICE/OTTP

320 East Chestnut Avenue Altoona, PA 16601

DHS/ICE/OTTP

6760 Upton Ave, BLDG 234 Fort Moore, GA 31905

*The Armory shall be contacted prior to delivery of all orders. The vendor shall call 814-946-9981 x 4161.

ICE reserves the right to test the parts as it sees fit from every individual order to ensure the product is in conformance with manufacturer’s description and performance claims.

BPA Option Periods

This BPA shall consist of a base period and 4 option periods as shown below. If a BPA option period is to be exercised, the contractor will be notified via email. Individual calls may have a period of performance for twelve (12) months beyond the final ordering period of this BPA.

Figure 1: Period of Performance

Period of Performance Dates of Performance Duration Base Period 12/28/2023 – 12/27/2024 12 months Option Period One 12/28/2024 – 12/27/2025 12 months Option Period Two 12/28/2025 – 12/27/2026 12 months Option Period Three 12/28/2026 – 12/27/2027 12 months Option Period Four 12/28/2027 – 12/27/2028 12 months

II. QUOTE SUBMISSION:

Contractors shall submit their pricing by completing Attachment 1 of the solicitation and providing a unit price for as many items as practicable over the 5-year POP for the Government to evaluate.

NOTE: This is a Brand Name requirement for products produced by the Original Equipment Manufacturer (OEM), Colt firearms, listed on Attachment 1. NO substitution items from a different manufacturer will be accepted or evaluated.

In addition to Attachment 1, the RFQ submission shall also include a cover sheet identifying the contents to include the following:

• Solicitation number 70CMSW24Q00000001

• Contractor Name and complete business mailing address

• SAM Registered Data Unique Entity Identifier (UEI) Number

• Authorized Point of Contact (POC), email address and telephone number

QUESTIONS:

Questions concerning the RFQ shall be submitted via e-mail, no later than Friday, November 17, 2023 at 3:00PM Eastern Standard Time (EST) to Daniel.M.Correia@ice.dhs.gov, Jason.Zheng@ice.dhs.gov and Robert.V.Roberts@ice.dhs.gov.

FINAL QUOTES:

Final Quotes shall be received no later than (NLT) Thursday, November 30, 2023 at 3:00PM EST to Daniel.M.Correia@ice.dhs.gov, Jason.Zheng@ice.dhs.gov and Robert.V.Roberts@ice.dhs.gov to be considered for award. The contractor agrees to hold the prices in its quote firm for at least 60 calendar days from the date specified for receipt of quotes.

WARRANTY:

Unless specified otherwise in the agreement, the Contractor’s standard commercial guarantee/warranty as stated in the contractor’s commercial price list will apply.

BASIS OF AWARD:

The Government intends to award a BPA and issue Firm-Fixed-Price call orders against this BPA to the responsible offeror(s) whose proposal meets or exceeds the Government's requirements. The Government will perform a technical and price evaluation, based on the offeror’s quote to assess technical acceptability and price reasonableness.

Evaluation Method- This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) selection process as follows:

The proposal with the lowest total quoted price will be evaluated for technical acceptability;

If the first evaluated quote is determined to be technically acceptable, no further evaluation on other quotes received will be performed and the BPA will be awarded to that firm;

If the first evaluated quote is determined to be technically unacceptable, the Government will evaluate the offeror with the next lowest priced quote and repeat the process until a technically acceptable offer is received.

Partial quotes shall not be considered. As such, offeror(s) shall propose pricing for ALL items listed on the Parts Schedule (Attachment 1).

DETERMINATION OF RESPONSIBILITY:

mailto:Daniel.M.Correia@ice.dhs.gov mailto:Jason.Zheng@ice.dhs.gov mailto:Robert.V.Roberts@ice.dhs.gov mailto:Daniel.M.Correia@ice.dhs.gov mailto:Jason.Zheng@ice.dhs.gov mailto:Robert.V.Roberts@ice.dhs.gov

A determination of responsibility will be made on the apparent successful offeror prior to contract award in accordance with FAR Subpart 9.104. If the prospective contractor is found non- responsible, the offeror will be rejected and will receive no further consideration for the award. In the event the contractor is rejected based on a determination of non-responsibility, a determination will be made on the next apparent successful offeror.

ICE reserves the right to award the BPA based on the initial offers and may not require discussions or negotiations with the successful offeror or any other offeror. Therefore, it is critical that each offer be fully responsive to this solicitation and provisions. Additionally, ICE reserves the right to conduct discussions and negotiations with any individual competing offeror, some or all competing offerors as the situation warrants.

EVALUATION FACTORS:

The evaluation factors which will be used as the basis for this BPA are listed below.

Factor 1 – TECHNICAL: The offeror must be able to provide ALL parts listed in Attachment 1 as required in this agreement. Partial quotes shall not be considered.

The Government will evaluate the offeror’s quote to determine that it substantiates the offeror’s ability to provide all the replacement parts and accessories required. This factor will be scored on a “PASS/FAIL” basis.

PASS The quote meets all minimum requirements with the specific Part numbers listed in the Pricing Table.

FAIL The quote fails to meet all minimum requirements with the specific Part numbers listed in the Pricing Table.

Factor 2 – PRICE: The price must be fair and reasonable.

The price quote will be evaluated for accuracy, completeness, and reasonableness but will not be assigned an adjectival rating. For award purposes, the Government will evaluate the prices for each 12-month period. Award will be made on the basis of the lowest evaluated price meeting or exceeding the acceptability standards for non-cost factor. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

The Government will review the price schedule for completeness and accuracy. The offeror’s quote will be checked for mathematical correctness to ensure all prices/costs are summarized correctly.

ATTACHMENT(s):

Attachment 1 – Parts Schedule

FAR PROVISIONS/CLAUSES SECTION:

FAR PROVISIONS Incorporated in Full Text:

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation

As prescribed in 9.108-5(a), insert the following provision:

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS- REPRESENTATION (NOV 2015)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations ( 52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP

2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— https://www.acquisition.gov/far/9.108-5#FAR_9_108_5 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/9.108-2#FAR_9_108_2 https://www.acquisition.gov/far/9.108-4#FAR_9_108_4 https://www.acquisition.gov/far/subpart-12.3#FAR_12_301

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-52.2#FAR_52_212_3 https://www.acquisition.gov/far/subpart-52.2#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for

30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the

Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the

Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

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

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://assist.dla.mil/wizard/index.cfm

(i) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(j) [Reserved]

(k) Debriefing. If a post-award debriefing is given to requesting offerors, the

Government shall disclose the following information, if applicable:

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

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

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

(4) A summary of the rationale for award;

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

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

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (Sep 2023)

Offerors are to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. This provision is hereby incorporated into this RFQ in its entirety.

https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3

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.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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

(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) Representation. 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— https://www.sam.gov/

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)(1) Representation. 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.

52.225-18 Place of Manufacture (AUG 2018)

As prescribed in 25.1101 (f), insert the following solicitation provision: Place of Manufacture (Aug 2018)

(a) Definitions. As used in this provision—

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-

(1) FPSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-https://www.acquisition.gov/far/25.1101#FAR_25_1101

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(b) Foreign End Products:

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

Line Item No. Country of Origin

[List as necessary] https://www.acquisition.gov/far/subpart-25.1#FAR_25_105

(c) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications.

As prescribed at 25.1103(e), insert the following provision:

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (JUN 2020)

(a) Definitions. As used in this provision-

Person—

(1) Means–

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

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 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/25.1103#FAR_25_1103

(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)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and

Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if-

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-

4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

FAR CLAUSES Incorporated by Reference (IBR):

52.202-1 Definitions (JUN 2020) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title50-section1702&num=0&edition=prelim mailto:CISADA106@state.gov https://www.acquisition.gov/far/25.703-4#FAR_25_703_4 https://www.acquisition.gov/far/25.703-2#FAR_25_703_2 https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx http://www.treasury.gov/resource-center/sanctions/SDN-https://www.acquisition.gov/far/52.225-4#FAR_52_225_4 https://www.acquisition.gov/far/52.225-4#FAR_52_225_4 https://www.acquisition.gov/far/52.225-6#FAR_52_225_6 https://www.acquisition.gov/far/52.225-12#FAR_52_225_12 https://www.acquisition.gov/far/52.225-24#FAR_52_225_24

52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) 52.211-17 Delivery of Excess Quantities (SEPT 1989) 52.211-5 Material Requirements (AUG 2000) 52.216-25 Contract Definitization (Oct 2010) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-1 Payments (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-3 Protest After Award (AUG 1996) 52.233-3 -Alternate I (AUG 1996) 52.243-1 Changes- Fixed-Price (AUG 1987) 52.243-1 -Alternate I (APR 1984) 52.243-1 -Alternate II (APR 1984) 52.243-1 -Alternate III (APR 1984) 52.243-1 -Alternate IV (APR 1984) 52.243-1 -Alternate V (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

FAR CLAUSES Incorporated in Full Text:

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31

U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if…