Amendment 001 FA252120Q0019 Combined Synopsis Solicitation.pdf

Combined Synopsis/Solicitation

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.

The solicitation number FA252120Q0019 is a combined synopsis/solicitation for a commercial end product. This combined synopsis/solicitation is issued as an RFQ in accordance with FAR PART 13. FA252120Q0019 shall be used to reference any written quote provided under this request for quote.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-05 effective 2 July 2020, DFARS DPN 20200114 effective 5 June 2020 and AFFARS AFAC 2019-1001 effective 01 Oct 19.

This is a set-aside for 100% Small Business.

The North American Industry Classification System (NAICS) code for this project is 333415 (Air-Conditioning and Warm Air Heating Element and Commercial and Industrial Refrigeration Equipment Manufacturing) with a size standard of 1,250 employees.

45 CES/CEOIH, Patrick Air Force Base (PAFB), FL requires a contract for the purchase only (not installation) of the following items:

The Government intends to issue a firm fixed price (FFP) contract to the responsible Offeror whose lowest price and technically acceptable quote conforms to the solicitation. The Government will not reimburse any interested parties for monies spent to provide a response to the subsequent solicitation notice. Only technically acceptable offers which meet salient requirements will be considered. The Government intends to evaluate offers and make award without discussions; however, this does not preclude the Government from having discussions if it is in the best interest of the Government. Include descriptive literature such as illustrations and drawings.

Salient Characteristics:

Item 0001- 100 Ton Trane Air Cooled Scroll Chiller Model: CGAM100F2

Item

Description

Qty

Unit of

Issue

Total Amount

Trane Model:

CGAM100F2**2AXB2A1B1A1DXXA1D1A2XXXXXXBxA3A1D1X- L-X

EA

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126

- Startup Included - Trane Service must start equipment for warranty to be honored

- 100 nominal tons

- 460 volt

- 3 phases

- 186 MPH Wind rating for Exposure B Risk category III per 2014 FBC and ASCE 7-10

- High efficiency/performance

- Factory insulation 1.25" - high humidity/low evaporator temperature

- Performance based on water

- High ambient (up to 125F/up to 52C)

- Blygold corrosion protection for condenser coil and cabinet

- Across the line starter/direct on line

- Single point connection main line unit power-ancillary items require other power

- Circuit breaker-high fault rated control panel 65,000 AIC

- LonTalk/Tracer Summit interface

- With water strainer factory installed

- Architectural louvered panels

- Warranty 120 month parts/labor/refrigerant warrant

Ship to address: Rafael Lopez

45 CES/CEOIH

734 Delta Drive, Bldg. 710 Patrick AFB, FL 32925

NOTE TO OFFERORS: In accordance with FAR 8.402(f), an ordering activity Contracting Officer may combine open market items with General Services Administration (GSA) items;

therefore, if any item is applicable to (GSA) Contract Schedule please clearly labeled the item GSA or open market. Include your GSA contract number for items, as well as expiration date of the contract.

Notice to Offeror(s)/Supplier(s): Funds are presently not available for this effort. The Government reserves the right to cancel this solicitation, either before or after the closing date.

In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

FAR Provision 52.212-1, Class Deviation 2020-O0018, Revision 1, Instructions to Offerors – Commercial Items (Mar 2020) applies to this acquisition and the following addendum applies:

The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1070_147634

Paragraph (c) first sentence revised as follows: “The offeror agrees to hold the prices in its offer firm until 30 September 2020.”

GOVERNMENT PRIMARY/ALTERNATE POINTS OF CONTACT (POC's):

Abigail Bultman at (321) 494-4449, abigail.bultman@us.af.mil Rosita Serrano at (321) 494-5231, rosita.serrano.1@us.af.mil.

RFQ due date: August 25, 2020 RFQ due time: 3:00 P.M. EST Email to abigail.bultman@us.af.mil and rosita.serrano.1@us.af.mil

Note: zip files are not an acceptable format for the Air Force Network and will not go through our email system.

All questions regarding this solicitation must be emailed to abigail.bultman@us.af.mil and rosita.serrano.1@us.af.mil by 1:00 P.M. EST August 12, 2020

Please provide the following information with your quote:

RFQ: FA2521120Q0019

DUNS Number:

Cage Code:

Tax ID Number:

*Number of Employees *Total Yearly Revenue *Information required determining size of business for the NAICS referenced above

Estimated Delivery Time:

Payment Terms:

Warranty:

FOB (Select): X_ Destination Origin Shipping Cost included? _X_ Yes No

To obtain or renew a DUNS number and/or CAGE code, please visit https://beta.sam.gov/.

All companies must be registered in the System for Award Management at https://beta.sam.gov/ to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.

Patrick Air Force Base (PAFB) and Cape Canaveral Air Force Station (CCAFS) Directives:

- Must wear seatbelt at all times.

- Must possess valid registration and insurance for all vehicles entering installation.

mailto:abigail.bultman@us.af.mil mailto:rosita.serrano.1@us.af.mil mailto:abigail.bultman@us.af.mil mailto:rosita.serrano.1@us.af.mil mailto:abigail.bultman@us.af.mil mailto:rosita.serrano.1@us.af.mil https://beta.sam.gov/ https://beta.sam.gov/

- While on Patrick AFB or CCAFS, you are subject to Random Vehicle Inspections.

- Do not park in seeded areas (grass).

- Adhere to all traffic signs and right-of-way.

- Safely move to the side when emergency vehicles are responding with lights and sirens.

- No cell phone usage while operating a vehicle on Patrick AFB or on CCAFS.

PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Air Force Federal Acquisition Regulation (AFFARS) provisions and clauses apply to this solicitation and are incorporated by full text. The full text can be obtained via the internet at https://www.acquisition.gov.

FAR Provision 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (August 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 https://www.acquisition.gov/ 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)

FAR Provision 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1213_176764

Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures in accordance with FAR 13.106. Offeror’s submissions will be evaluated based upon the following:

(1) Technical: quote must be rated as technically acceptable to be eligible for award. In order to be deemed technically acceptable, the salient characteristics listed in the solicitation must be met.

Brand Name: The purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics are specified in the solicitation. To be considered for award, products of the brand name manufacturer, must meet the salient physical, functional, or performance characteristic specified in this solicitation, clearly identify the item by brand name and make or model number. Include descriptive literature such as illustrations and drawings.

(2) Price: Award will be made to the lowest price technically acceptable offer based upon salient characteristics.

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 (Mar 2020), applies to this acquisition and must be completed and sent with the proposal as a separate document. All offerors must be registered in System For Award Management (SAM) at https://beta.sam.gov/ at the time of Quote submittal.

FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 2018), 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, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.

Note: The vendor acknowledges that should the quote or proposal’s 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- 52.204-25- Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)

(a) Definitions. As used in this clause— 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).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1145_161469 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1405_194946

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model https://dibnet.dod.mil/ https://dibnet.dod.mil/ number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2020). Additionally, the following FAR clauses cited in 52.212-5 are applicable.

The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to th http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1595_233379

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Oct 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.219-6 Notice Of Total Small Business Set-Aside Mar 2020 52.219-28 Post-Award Small Business Program Representation Mar 2020 52.222-3 Convict Labor Jun 2003 52.222-19 Child Labor – Cooperation with Authorities and Remedies Jan 2020 52.222-21 Prohibition Of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-36 Affirmative Action For Workers With Disabilities Jul 2014

52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Jan 2019

52.223-11 Ozone Depleting Substances and High Global Warming Potential Hydrofluorocarbons Jun 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving Aug 2011

52.225-3 Buy American Act—Supplies (May 14) Alternate I May 2014 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.232-33 Payment by Electronic Funds Transfer--System for Award Management Oct 2018

The following FAR clauses cited in https://www.acquisition.gov are also applicable to this solicitation and are incorporated by reference.

52.202-1 Definitions Nov 2013 52.203-5 Covenant Against Contingent Fees Mar 2014 52.203-7 Anti-Kickback Procedures May 2014 52.204-7 System for Award Management Oct 2018 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation Nov 2015

52.211-6 Brand Name or Equal Aug 1999 52.212-1 Instructions to Offerors – Commercial Items (Dev 2018-O0018) Mar 2020

52.215.1 Instructions to Offerors - Competitive Jan 2017

52.219-1 Alt I Small Business Program Representation, Alt I Sept 2015

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products Feb 2001

52.222-22 Previous Contracts and Compliance Reports Feb 1999 52.222-25 Affirmative Action Compliance Apr 1984 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001

52.225-18 Place of Manufacture Aug 2018

52.225-25

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

Aug 2018

52.232-1 Payments Apr 1984 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-23 Assignment Of Claims May 2014 52.232-25 Prompt Payment Jan 2017 52.233-1 Disputes May 2014 52.233-1 Alt I Disputes (Jul 2002) - Alternate I Dec 1991 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation Apr 1984 52.243-1 Changes--Fixed Price Aug 1987 52.243-1 Alt II Changes--Fixed Price Alternate II Apr 1984 52.244-6 Subcontracts for Commercial Items Aug 2019 52.246-16 Responsibility for Supplies Apr 1984 52.247-34 F.O.B. Destination Nov 1991

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) Apr 2012

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 52.252-2 Clauses Incorporated by Reference Feb 1998 52.252-3 Alterations in Solicitation Apr 1984 52.252-4 Alterations in Contract Apr 1984

The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this solicitation and are incorporated by reference:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials Aug-2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials Nov-2011

252.203-7996

Prohibition Contracting With Entities That Require Certain Internal Confidentiality Agreements—Representation (Deviation 2016-O0003)

Oct-2015

252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) Oct-2015

252.204-0001 Line Item Specific: Single Funding Sep-2009 252.204-7006 Billing Instructions Jul-2010 *252.204-7008 (DEV) Compliance with Safeguarding Defense Information Controls Oct-2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEV) Oct-2016

252.204-7015 Disclosure of Information to Litigation Support Contractors May-2016

252.211-7003 Item Unique Identification and Valuation Mar-2016 252.211-7008 Use of Government-Assigned Serial Numbers Sep-2010

252.213-7000

Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluation

Mar-2018

252.223-7008 Prohibition of Hexavalent Chromium Jun-2013

252.225-7000 Buy American Statute—Balance of Payments Program Certificate Nov-2014

252.225-7001 Buy American and Balance of Payments Program Dec-2017 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings Jun-2011 252.225-7031 Secondary Arab Boycott of Israel Jun-2005 252.227-7015 Technical Data--Commercial Items Feb-2014 252.227-7037 Validation of Restrictive Markings on Technical Data Sep 2016

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

252.239-7017 Notice of Supply Chain Risk Feb-2019 252.239-7018 Supply Chain Risk (Deviation 2018-O00020) Feb-2019

252.244-7000 Subcontracts For Commercial Items And Commercial Components (DOD Contracts) Jun-2013

252.246-7003 Notification of Potential Safety Issues Jun-2013

252.246-7004 Safety of Facilities, Infrastructure, & Equipment for Military Operations Oct-2010

252.247-7023 Transportation of Supplies by Sea Feb-2019 252.247-7027 Riding Gang Member Requirements May 2018

252.247-7028 Application for U.S. Government Shipping Documentation/Instructions Jun-2012

Full text 252.209-7991

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or Felony Conviction Under any Federal Law --Fiscal Year 2016 Appropriations (Deviation 2016-00002)

Oct-2015

252.211-7003 Item Identification and Valuation Mar-2016

252.232-7006

Wide Area Workflow Payment Instructions

Dec-2018

The following AFFARS clauses are applicable to this solicitation:

5352.201-9101 Ombudsman (Oct 2019) https://www.acquisition.gov/affars/5352#docid_1

(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, AFICA/KS, 150 Vandenburg St. STE 1105, Peterson AFB, CO 80914, phone 719- 554-5300, Fax 719-554-5299, email: afica.ks.wf@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.

(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.

5352.223-9001 Health and Safety on Government Installations. (Oct 2019)

PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by full text (provisions and clauses may be obtained via the internet: https://www.acquisition.gov:

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--mailto:afica.ks.wf@us.af.mil https://www.acquisition.gov/affars/5352#docid_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165RA0UH01A timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or months, where the awarding agency is aware of the conviction, unless an agency has considered

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

52.219-28 Post-Award Small Business Program Representation (Mar 2020)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern 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 the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057214 https://www.acquisition.gov/content/part-19-small-business-programs#i1101771 socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at http://www.sba.gov/content/table-small-business-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

https://www.acquisition.gov/content/part-19-small-business-programs#i1101771 http://www.sba.gov/content/table-small-business-size-standards http://www.sba.gov/content/table-small-business-size-standards http://www.sba.gov/content/table-small-business-size-standards

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under

NAICS Code assigned to contract number .

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB

Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(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 (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor 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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It [ ] is, [ ] is not an EDWOSB 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 (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor 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.

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054288

(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.

52.252-1 --Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov

(End of Provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045295 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045305

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 address:

https://www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an…