D Solicitation M0068122Q0073.pdf

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OXYGEN MAINTENANCE
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M0068122Q0073
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SEE ADDENDUM

(No Collect Calls)

M0068122Q0073 31-Aug-2022

b. TELEPHONE NUMBER

760-763-5647

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 06 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M006819. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JENNIFER L. WHITE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M971112170380

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M00681

MCI WEST INSTALLATIONS & MCAGCC 29 PALMS

SEE INDIVIDUAL DELIVERY ORDERS FOR ADDRESS

CAMP PENDLETON OR 29 PALMS CA 92055

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M97111 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MEDICAL LOGISTICS COMPANY

JOYCE LAYUG

6TH STREET BLDG 22111

CAMP PENDLETON CA 92055

TEL: 760-725-3452 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325120

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M0068122Q0073

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 666 Each

OXYGEN REFILL/HYDROSTATIC D

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 22 - 29 Sep 23 FOB: Destination PN/CN: Oxygen

PURCHASE REQUEST NUMBER: M971112170380

PSC CD: 6835

NET AMT

0002 12 Each

OXYGEN REFILL/HYDROSTATIC H

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 22 - 29 Sep 23 FOB: Destination PN/CN: Oxygen

0003 12 Each

PICK UP AND DELIVERY

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 22 - 29 Sep 23 FOB: Destination

0004 204 Each

HYDROTESTING

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 22 - 29 Sep 23 FOB: Destination

1001 666 Each

OPTION OXYGEN REFILL/HYDROSTATIC D

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 23 - 29 Sep 24 FOB: Destination

1002 12 Each

OPTION OXYGEN REFILL/HYDROSTATIC H

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 23 - 29 Sep 24 FOB: Destination

1003 12 Each

OPTION PICK UP AND DELIVERY

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 23 - 29 Sep 24 FOB: Destination

1004 204 Each

OPTION HYDROTESTING

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 23 - 29 Sep 24 FOB: Destination

2001 666 Each

OPTION OXYGEN REFILL/HYDROSTATIC D

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 24 - 29 Sep 25 FOB: Destination

2002 12 Each

OPTION OXYGEN REFILL/HYDROSTATIC H

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 24 - 29 Sep 25 FOB: Destination

2003 12 Each

OPTION PICK UP AND DELIVERY

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 24 - 29 Sep 25 FOB: Destination

2004 204 Each

OPTION HYDROTESTING

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 24 - 29 Sep 25 FOB: Destination

3001 666 Each

OPTION OXYGEN REFILL/HYDROSTATIC D

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 25 - 29 Sep 26 FOB: Destination

3002 12 Each

OPTION OXYGEN REFILL/HYDROSTATIC H

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 25 - 29 Sep 26 FOB: Destination

3003 12 Each

OPTION PICK UP AND DELIVERY

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 25 - 29 Sep 26 FOB: Destination

3004 204 Each

OPTION HYDROTESTING

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 25 - 29 Sep 26 FOB: Destination

4001 666 Each

OPTION OXYGEN REFILL/HYDROSTATIC D

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 26 - 29 Sep 27 FOB: Destination

4002 12 Each

OPTION OXYGEN REFILL/HYDROSTATIC H

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 26 - 29 Sep 27 FOB: Destination

4003 12 Each

OPTION PICK UP AND DELIVERY

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 26 - 29 Sep 27 FOB: Destination

4004 204 Each

OPTION HYDROTESTING

FFP

Services to be provided in accordance with Statement of Work Period of Performance 30 Sep 26 - 29 Sep 27 FOB: Destination

STATEMENT OF WORK

1. GENERAL

The Contractor shall furnish all labor, tools, supervision, material, parts, equipment, and transportation necessary to refill Government owned various size cylinders, on a monthly basis in support of Medical Logistics Company.

2. SCOPE

The Contractor shall furnish all labor, tools, supervision, material, parts, equipment, and transportation necessary to refill Government owned various size cylinders, on a monthly basis in support of Medical Logistics Company.

3. REQUIREMENT

Medical gas cylinder refills shall be provided in various types of Government owned various sized cylinders that include a variety of cubic feet of medical oxygen as identified in the contract Contract Line Item Numbers (CLINS).

The cylinders shall be picked-up, service as required, and delivered the following month on a pick-up date/delivery date mutually agreed by the contractor and Technical Point of Contact (TPOC). The CLIN quantities provided are annual usage projections based on past usage records. There are no express or implied guarantee that these quantities will be purchased.

Government Owned Equipment: The Government shall provide cylinders to be refilled at the above location for which the contractor shall refill and deliver the following week as mutually agreed by the contractor and TPOC.

Contractor Owned Equipment: The contractor shall utilize contractor owned refilling/testing equipment for the execution of all aspects of this requirement. The contractor shall be responsible for the maintenance of all the Government owned cylinders and accomplished within local, state, OSHA, and federal industry regulations.

Product Specifications: All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA's Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211, and 201 for labeling.

4. PLACE OF PERFORMANCE

Medical Logistics Company Bldg. 22111 6th street Camp Pendleton, CA 92055

5. INSTALLATION ACCESS AND SECURITY REQUIREMENTS.

CURRENT CONTRACTORS

RAPIDGate/MCESS card holders will be required to transition to the Defense Biometric Identification System (DBIDS) credential in order to access MCB Camp Pendleton, MCAS Miramar, MCAS Yuma, MCRD San Diego, MCMWTC Bridgeport, MCAGCC 29 Palms and other controlled areas within the MCIWEST Region.

DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

Contractors will be required to bring the following items:

Current RAPIDGate/MCESS credential Second form of government-issued photo identification (Real ID Act Compliant, driver license, passport, etc.)

Company Contract/Letter of Authorization (this should come from the COR or the Contracting Officer) SECNAV form 5512/1 (the sponsoring organization should complete block 28 of the SECNAV form).

New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

Effective 1 October 2018, all contractors and venders must be in possession of a DBIDS credential that is authenticated for all MCIWEST and west coast Service-Level Training Installations (SLTI).

Access to MCB Camp Pendleton through Naval Weapon’s Station Seal Beach, Detachment Fallbrook is prohibited unless DBIDS credential is authenticated (I.E., work is also performed there).

NEW CONTRACTORS

New contractors requiring access to MCIWEST installations will be issued temporary passes for up to 60 days.

If you are a new contractor seeking enrollment into DBIDS, please contact the Contracting Officer and/or Contract Specialist managing the contract awarded to your respective company.

Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

ADDITIONAL REQUIREMENTS

(a) Photography is restricted on the Base. Clearance for photography shall be obtained in advance from appropriate Base personnel. When requested, all film or storage media must be turned over for processing and security inspection.

Some areas of the Base may be inaccessible due to road conditions following heavy and/or prolonged rainfall.

Adjustments to work schedules due to road/weather conditions shall be coordinated with the Contracting Officer. If your vehicles get stuck or breaks down, military personnel cannot pull or tow your vehicle. Call MCRD San Diego PMO ((619)524-4202) who will refer you to a civilian wrecker service or information (411) for assistance.

6. GOVERNMENT TECHNICAL POINT OF CONTACT

The Contracting Officer shall designate a two (2) Government Technical Points of Contact during the term of this contract. The TPOCs will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems within the scope of this Performance Work Statement. The TPOC will provide technical clarification and assistance in support of the contract requirements. The TPOCs DOES NOT have the authority to make changes and/or give direction under this contract. The only authority under this contract authorized to make changes, give direction, and/or provide monetary adjustments is the Contracting Officer from the Regional Contracting Office MCI-WEST, MCB Camp Pendleton, CA.

GySgt Tipton, 442-224-2843

7. CONTRACTING ADMINISTRATIVE POC

Direct All Responses and Questions Pertaining to Contract Administration to:

Jennifer L. White, Contracting Officer Regional Contracting Office MCI-West Camp Pendleton Detachment Ph: 760-763-5647 Jennifer.l.white@usmc.mil

Option Year Table

OXYGEN REFILL SERVICE

CLIN Description Quantity Unit of

Issue

Unit Price

Extended Price

0001 OXYGEN MEDICAL SIZE D 666 Each $ 0002 OXYGEN MEDICAL SIZE H 12 Each $ 0003 PICK UP AND DELIVERY-ONCE A MONTH 12 Each $ 0004 HYDROTESTING 204 Each $

POP 30 September 2022 – 29 September 2023 Base Year

Subtotal

1001 OXYGEN MEDICAL SIZE D 666 Each $ 1002 OXYGEN MEDICAL SIZE H 12 Each $ 1003 PICK UP AND DELIVERY-ONCE A MONTH 12 Each $ 1004 HYDROTESTING 204 Each $

POP 30 September 2023 – 29 September 2024 Option Year 1

2001 OXYGEN MEDICAL SIZE D 666 Each $ 2002 OXYGEN MEDICAL SIZE H 12 Each $ mailto:Jennifer.l.white@usmc.mil

2003 PICK UP AND DELIVERY-ONCE A MONTH 12 Each $ 2004 HYDROTESTING 204 Each $

POP 30 September 2024 – 29 September 2025 Option Year 2

3001 OXYGEN MEDICAL SIZE D 666 Each $ 3002 OXYGEN MEDICAL SIZE H 12 Each $ 3003 PICK UP AND DELIVERY-ONCE A MONTH 12 Each $ 3004 HYDROTESTING 204 Each $

POP 30 September 2025 – 29 September 2026 Option Year 3

4001 OXYGEN MEDICAL SIZE D 666 Each $ 4002 OXYGEN MEDICAL SIZE H 12 Each $ 4003 PICK UP AND DELIVERY-ONCE A MONTH 12 Each $ 4004 HYDROTESTING 204 Each $

POP 30 September 2026 – 29 September 2027 Option Year 4

TOTAL CONTRACT AMOUNT $

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-SEP-2022 666 MEDICAL LOGISTICS COMPANY

JOYCE LAYUG

6TH STREET BLDG 22111

CAMP PENDLETON CA 92055

760-725-3452 FOB: Destination

M97111

0002 30-SEP-2022 12 (SAME AS PREVIOUS LOCATION)

0003 30-SEP-2022 12 (SAME AS PREVIOUS LOCATION)

0004 30-SEP-2022 204 (SAME AS PREVIOUS LOCATION)

1001 30-SEP-2023 666 (SAME AS PREVIOUS LOCATION)

1002 30-SEP-2023 12 (SAME AS PREVIOUS LOCATION)

1003 30-SEP-2023 12 (SAME AS PREVIOUS LOCATION)

1004 30-SEP-2023 204 (SAME AS PREVIOUS LOCATION)

2001 30-SEP-2024 666 (SAME AS PREVIOUS LOCATION)

2002 30-SEP-2024 12 (SAME AS PREVIOUS LOCATION)

2003 30-SEP-2024 12 (SAME AS PREVIOUS LOCATION)

2004 30-SEP-2024 204 (SAME AS PREVIOUS LOCATION)

3001 30-SEP-2025 666 (SAME AS PREVIOUS LOCATION)

3002 30-SEP-2025 12 (SAME AS PREVIOUS LOCATION)

3003 30-SEP-2025 12 (SAME AS PREVIOUS LOCATION)

3004 30-SEP-2025 204 (SAME AS PREVIOUS LOCATION)

4001 30-SEP-2026 666 (SAME AS PREVIOUS LOCATION)

4002 30-SEP-2026 12 (SAME AS PREVIOUS LOCATION)

4003 30-SEP-2026 12 (SAME AS PREVIOUS LOCATION)

4004 30-SEP-2026 204 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

ADDENDUM 52.212-1

1. SUBMISSION OF QUOTATIONS: Quotations must be received no later than the date stated in box 8, page

1. Quotation shall be submitted via email. Please respond to M onique Garcia, email: monique.garcia@usmc.mil directly with quotation.

2. QUESTIONS: Questions shall be submitted by email no later than 2 days after issuance of the solicitation to the email address listed below. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. All questions will be reviewed and responded to by an amendment to the solicitation. Email questions to Monique Garcia at monique.garcia@usmc.mil.

mailto:monique.garcia@usmc.mil mailto:monique.garcia@usmc.mil

3. PERIOD OF ACCEPTANCE OF OFFERORS: The pricing terms and conditions of the proposal shall be valid for 90 days unless a longer time is stated otherwise in the quote.

SAM. Offerors must be registered in the System for Award Management (SAM) database. Information in SAM should be current, if not – completion of the attached FAR Provision 52.212-3, Certifications and Representations is required with quotation. Information on registering in SAM may be obtained from www.sam.gov or calling 866- 606-8220. Registration in SAM is free.

WIDE-AREA WORKFLOW – RECEIPT AND ACCEPTANCE. As a condition of receipt of any resulting order, the Contractor agrees to implement the Department of Defense (DOD) web-based application. Information on registering in WAWF/iRAPT may be obtained from https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml or calling 866-618-5988. Registration in WAWF/iRAPT is free.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement; and

(ii) price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM 52.212-2

Regional Contracting Office, Camp Pendleton, CA, is issuing Request For Quotation (RFQ) to procure Oxygen Refill Service. This procurement is conducted in accordance with FAR Part 12 (Acquisition of Commercial Items) utilizing FAR Part 13 (Simplified Acquisition Procedures).

BASIS FOR AWARD. Award will be made Best Value Approach, Lowest Price Technically Acceptable (LPTA) on the capability of the quoter to meet or exceed the specifications at pricing determined to be fair and reasonable.

The resulting award will be a Firm-Fixed Priced purchase order, all or none, to provide Oxygen Refill Service.

EVALUATION. The Government intends to make a single Firm Fixed Price award to satisfy this requirement.

Award will be made on the initial evaluation of quotes received in response to this RFQ. Therefore, quoters are cautioned to ensure that initial quotes contain your best terms from a technical and price standpoint. The following factors will be used to evaluate quotes:

1. TECHNICAL: Minimum specifications:

• Capable of filling the required Oxygen Cylinders listed in the CLINs

• Capable of performing the required Hydrotesting

• Provide services in accordance with local, state, OSHA, and industry regulations

• All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the

National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the FDA's Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211, and 201 for labeling.

Quoter shall ensure sufficient information is provided to conduct technical evaluation, copying, only signing SF1449 or blanket statements will render quotation unacceptable. Ensure sufficient documentation/supporting narrative is provided to demonstrate capability to meet or exceed specifications.

Rating will be in accordance with: RATING

DESCRIPTION

ACCEPTABLE Quotation meets the requirements of the solicitation.

UNACCEPTABLE Quotation does not meet the requirements of the solicitation.

2. PRICE: All quotes must be the Contractor’s Best Pricing. Price analysis shall be used to verify that the overall price offered is fair and reasonable. The Offeror shall input the unit price and total in all the line items present in the SF1449. The total evaluated price is calculated using the prices proposed for all line items.

3. EVALUATION PROCESS: The evaluation will proceed as follows:

Quotes will be ranked in order from lowest to highest based on the price. The lowest priced quotation will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the Government's minimum requirements as described in the solicitation.

Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest priced quoter’s Technical quote is rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness. If the lowest priced quotation is evaluated to have an acceptable technical quote and fair and reasonable prices, per FAR 8.405-1(f), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.

If the lowest priced quotation is assigned an unacceptable rating, or if the price is determined not fair and reasonable or if the quoter is found to be non-responsible, the next lowest priced quote will be evaluated. This process will continue (in ascending order) until a quoter is evaluated to have an acceptable technical rating, fair and reasonable prices and the offeror is deemed responsible. The government reserves the right to evaluate all quotes. The award will be made to the offeror whose quotation represents the best value to the government on a LPTA basis.

The Government reserves the right to award no contract, depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the Offerors will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

https://www.sam.gov/

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--http://www.sam.gov/

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns.

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