COMBO - 22QC051 - MDG UTVs.pdf
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- FA489722QC051
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COMBINED SYNOPSIS / SOLICITATION
MDG UTVs
FA489722QC051
366 Gunfighter Ave STE 2102 Mountain Home AFB, ID 83648
14 September, 2022
In accordance with FAR 12.603(c)(2): This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This solicitation, FA489722QC051 is being issued as a Request for Quotation (RFQ).
This solicitation document, which incorporates provisions and clauses for commercial items, are those in effect through the current Federal Acquisition Circular in effect at time of posting this notice; FAC Number 2022-07, Effective 08/10/2022.
This procurement will be full and open in accordance with (IAW) FAR part 6.
The Government intends to award a Firm Fixed Price Contract.
This is a 100% small business set-aside.
The associated NAICS code for this acquisition is 336112 with a size standard of 1500 employees.
Product Service code for this acquisition is 2310 – Passenger Motor Vehicles.
Mountain Home AFB (MHAFB), ID 83648 plans to acquire the following project: MDG UTVs
The RFQ consists of the following. If submitting a product, please supply the manufacturer name, part number, and all specifications available. If an equal product, the vendor must provide information with the quote proving the equality of the items. Technical acceptability of products shall be determined by the government. Quotes received will be evaluated based the best value to the government. A Firm Fixed Price (FFP) contract is anticipated. Failure to quote on all CLINs may render the quote unacceptable and ineligible for award consideration.
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL
PRICE
CAN-AM Defender MAX Lonestar, or equal item, including accessories IAW attached specifications dated 21 June 2022
03 Each $ $
TOTAL PRICE $
PLEASE REVIEW/PROVIDE ALL INFORMATION BELOW:
Shipping/Transportation will be FOB: 366 MDG/Medical Logistics Dock, 90 Hope Dr BLDG 6000, Mountain Home AFB ID, 83648
Pricing Quoted (GSA, Open Market Only, etc.):
Payment Terms (NET 30, Discounts, etc.): Delivery Date:
Company Name:
SAM UEID #: Cage Code #:
POC: Telephone #:
E-Mail Address: Tax ID #:
Warranty Information:
Do you have the capacity to invoice electronically (invoicing through WAWF)?
All firms must be registered in the System for Award Management database @ www.sam.gov prior to consideration for award.
**Any questions regarding this RFQ are due by 10:00 A.M. Mountain Standard Time (MDT), 16 September 2022. Offers are due by 08:00 a.m. MDT, 19 September 2022. Interested parties shall submit their quotes via email to:
SSgt Jeremiah Burns at: jeremiah.burns.1@us.af.mil TSgt Michael Kymes at: michael.kymes@us.af.mil
Attachments:
1) Specifications, 21 June 2022
*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Nov 2021) applies to this acquisition and the following addendum applies:
FAR 52.212-1 Addenda:
Offerors’ proposal shall conform to the required CLIN structure as referenced above. Any offeror not conforming to the required minimum salient characteristics listed within the attached Specifications Sheet (SPECS) and to this solicitation may be deemed non-responsive and therefore ineligible for award. A firm fixed price delivery order is anticipated.
Paragraph (b) (4) is revised as follows: Descriptive literature of the items being offered in sufficient detail to evaluate compliance with the requirements in this solicitation are requested.
Paragraph (c) first sentence revised as follows: The vendor agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.
Paragraph (e) is revised as follows: Alternative line items will not be accepted.
*FAR Provision 52.212-2, Evaluation -- Commercial Items (Nov 2021), applies to this acquisition and the following evaluation is applicable:
1. Basis for Award
(a) The Government will award to the responsible vendor whose quote conforming to the RFQ will be most advantageous to the Government. The following factors shall be used to evaluate quotes:
http://www.sam.gov/ mailto:michael.kymes@us.af.mil
Price Factor, Technical Factor (meeting requirements of the attached specifications), past performance.
The following provisions and clauses in their latest editions apply to this acquisition; vendors must comply with all instructions contained therein:
52.225-18 – Place of Manufacture (Aug 2018)
(a) Definitions. As used in this clause—
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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—
(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.
(End of provision)
Discussions: The government intends to award a purchase order without discussions with respective vendors/quoters. The government however, reserves the right to conduct discussions if deemed in its best interest.
*FAR Provision 52.212-3, Offeror Representations and Certifications -- Commercial Items (Feb 21), with its Alternate I (Oct 14), applies to this acquisition. All vendors must be registered in System for Award Management at https://www.sam.gov/portal/public/SAM/ at the time of Quote submittal.
*FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 18), applies to this acquisition with the following Addendum:
Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes (e.g., including changes in the paying office, appropriations data changes, incremental funding, etc) authorized by the Federal Regulation and its supplements that may be unilaterally signed by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).
Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.
*FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 21), additionally, the following FAR clauses cited in
52.212-5 are applicable:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items.
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).
52.222-3, Convict Labor (June 2003) (E.O.11755).
52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
52.222-21, Prohibition of Segregated Facilities (APR 2015).
52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)
(31 U.S.C. 3332).
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: N/A
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793).
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
The following additional *FAR Clauses and Provisions are applicable to this solicitation:
52.204-7 System for Award Management. (Oct 2018)
52.204-13 System for Award Management Maintenance. (Oct 2018)
52.204-16 Commercial and Government Entity Code Reporting.(Aug 2020)
52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (Jan 2017)
52.225-1 Buy American-Supplies (Jan 2021)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsRepresentation. (Dec 2016)
The following *DFARS Clauses and Provisions are applicable to this solicitation:
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. (Sep 2011)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (Sep 2013)
252.203-7005 Representation Relating to Compensation of Former DoD Officials. (Nov 2011)
252.204-7003 Control of Government Personnel Work Product. (Apr 1992)
252.204-7006 Billing Instructions. (Oct 2005)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. (May 2016)
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 2021)
252.204-7022 Expediting Contract Closeout. (May 2021)
252.211-7003 Item Unique Identification and Valuation. (Mar 2016)
252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in
Past Performance Evaluations. (Sept 2019)
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (Jan 2018)
252.223-7008 Prohibition of Hexavalent Chromium. (Jun 2013)
252.225-7002 Qualifying Country Sources as Subcontractors. (Dec 2017)
252.225-7048 Export-Controlled Items. (Jun 2013)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (Dec 2018)
252.232-7006 Wide Area WorkFlow Payment Instructions. (Dec 2018)
252.232-7010 Levies on Contract Payments. (Dec 2006)
252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration.
(April 2020)
252.243-7001 Pricing of Contract Modifications. (Dec 1991)
252.244-7000 Subcontracts for Commercial Items. (Jun 2013)
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. (Oct 2010).
252.246-7008 Sources of Electronic Parts. (May 2018)
252.247-7023 Transportation of Supplies by Sea. (Feb 2019)
(End of Clause)
52.252-1 -- Solicitation Provisions Incorporated by Reference.
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.
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/
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items.
(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 theperformance 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 hasresponded “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, uniqueentity 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 asOEM 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 todetermining 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 servicesoffered (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;
andexplanation 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, uniqueentity 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 asOEM 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 todetermining 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 servicesoffered (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 theproposed use of covered telecommunications services and any factors relevant to determining if such use wouldbe permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)
(a) Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).
Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g.,connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the
Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR
4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
52.204-26 Covered Telecommunications Equipment or Services-Representation.
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.
The following *AFFARS clauses are applicable to this solicitation:
(End of clause) 5352.201-9101 ACC Ombudsman 10/1/2019
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Lt Col Anglin, USAF Deputy Director of Contracting, OL-ACC Air Force Installation Contracting Agency Joint Base Langley-Eustis VA COMM: (757) 764-5372 DSN: 574-5372 aaron.judge@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(end of clause)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) As prescribed in AFFARS 5323.804-90, insert the following clause in solicitations and contracts:
ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (OCT 2019)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
(End of clause)
5352.242-9000 Contractor Access to Air Force Installations As prescribed in AFFARS 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:
CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and DODMAN5200.02_AFMAN 16-1405, Air Force Personnel Security Program] citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)
The full text of these clauses and (*) provisions may be assessed electronically at the website:
https://www.acquisition.gov/. NOTE: ALL PROVISIONS WILL BE REMOVED AT TIME OF AWARD BUT
SHALL REMAIN PART OF THE CONTRACT FILE.
***END CLAUSES & PROVISIONS***
https://www.acquisition.gov/
| 52.225-18 – Place of Manufacture (Aug 2018) |
| (a) Definitions. As used in this clause— |
| “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except— |
| (1) FSC 5510, Lumber and Related Basic Wood Materials; |
| (2) Federal Supply Group (FSG) 87, Agricultural Supplies; |
| (3) FSG 88, Live Animals; |
| (4) FSG 89, Food and Related Consumables; |
| (5) FSC 9410, Crude Grades of Plant Materials; |
| (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; |
| (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; |
| (8) FSC 9610, Ores; |
| (9) FSC 9620, Minerals, Natural and Synthetic; and |
| (10) FSC 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 reassemb... |
| (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— |
| (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. |
| (End of provision) |
| Discussions: The government intends to award a purchase order without discussions with respective vendors/quoters. The government however, reserves the right to conduct discussions if deemed in its best interest. |
| *FAR Provision 52.212-3, Offeror Representations and Certifications -- Commercial Items (Feb 21), with its Alternate I (Oct 14), applies to this acquisition. All vendors must be registered in System for Award Management at https://www.sam.gov/portal/p... |
| *FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 18), applies to this acquisition with the following Addendum: |
| Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes (e.g., including changes in the paying office, ... |
| Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such... |
| *FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 21), additionally, the following FAR clauses cited in |
| 52.212-5 are applicable: |
| (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items. |
| (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor... |
| (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). |
| (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). |
| (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). |
| (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). |
| (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of... |
| 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). |
| 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). |
| 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)). |
| 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)). |
| 52.222-3, Convict Labor (June 2003) (E.O.11755). |
| 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). |
| 52.222-21, Prohibition of Segregated Facilities (APR 2015). |
| 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). |
| 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). |
| 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627). |
| 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). |
| 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). |
| 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) |
| (31 U.S.C. 3332). |
| (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive o... |
| (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain t... |
| (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. |
| (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specifi... |
| (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor do... |
| (e) |
| (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unle... |
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509). |
| (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its success... |
| (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91). |
| (v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. |
| (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). |
| (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). |
| (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793). |
| (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. |
| (End of Clause) |
| The following additional *FAR Clauses and Provisions are applicable to this solicitation: |
| 52.204-7 System for Award Management. (Oct 2018) |
| 52.204-13 System for Award Management Maintenance. (Oct 2018) |
| 52.204-16 Commercial and Government Entity Code Reporting.(Aug 2020) |
| 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020) |
| 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016) |
| 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (Jan 2017) |
| 52.225-1 Buy American-Supplies (Jan 2021) |
| 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) |
| 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsRepresentation. (Dec 2016) |
| The following *DFARS Clauses and Provisions are applicable to this solicitation: |
| 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. (Sep 2011) |
| 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (Sep 2013) |
| 252.203-7005 Representation Relating to Compensation of Former DoD Officials. (Nov 2011) |
| 252.204-7003 Control of Government Personnel Work Product. (Apr 1992) |
| 252.204-7006 Billing Instructions. (Oct 2005) |
| 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. (May 2016) |
| 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 2021) |
| 252.204-7022 Expediting Contract Closeout. (May 2021) |
| 252.211-7003 Item Unique Identification and Valuation. (Mar 2016) |
| 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in |
| Past Performance Evaluations. (Sept 2019) |
| 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (Jan 2018) |
| 252.223-7008 Prohibition of Hexavalent Chromium. (Jun 2013) |
| 252.225-7002 Qualifying Country Sources as Subcontractors. (Dec 2017) |
| 252.225-7048 Export-Controlled Items. (Jun 2013) |
| 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (Dec 2018) |
| 252.232-7006 Wide Area WorkFlow Payment Instructions. (Dec 2018) |
| 252.232-7010 Levies on Contract Payments. (Dec 2006) |
| 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration. (April 2020) |
| 252.243-7001 Pricing of Contract Modifications. (Dec 1991) |
| 252.244-7000 Subcontracts for Commercial Items. (Jun 2013) |
| 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. (Oct 2010). |
| 252.246-7008 Sources of Electronic Parts. (May 2018) |
| 252.247-7023 Transportation of Supplies by Sea. (Feb 2019) |
| (End of Clause) |
| 52.252-1 -- Solicitation Provisions Incorporated by Reference. |
| 52.252-2 -- Clauses Incorporated by Reference. |
File details come from the government source that posted it. Updated .