FA488521R0009.pdf
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| Questions and Answers.pdf | ||
| Attachment 2-EFT Form.xlsx | XLSX spreadsheet | |
| Attchment 1-PWS.pdf |
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SEE ADDENDUM
(No Collect Calls)
FA488521R0009 23-Mar-2021
b. TELEPHONE NUMBER
318-448-6357
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 23 Apr 2021
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.
FA48859. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DAKOTA L ASSELYN
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
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
HQ USMTM/CONTRACTING
UNIT 61333-CONTRACTING
APO AE 09803-1300
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 FY3533 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
HQ USMTM/MEDICAL SERVICES
DIRECTOR, MEDICAL SERVICES
USMTM
UNIT 61333-MED
APO AE 09803
TEL: 050-525-4594 FAX:
FAX:
TEL: 781-365-1810 X 2908 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$35,000,000
NAICS:
621491
X
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)
PAGE 2 OF58
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.
FA488521R0009
Section SF 1449 - CONTINUATION SHEET
SECTION L&M
Section L - Instructions, Conditions and Notices to Bidders
ADDENDA TO 52.212-1
A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to the identified evaluation factors and sub-factors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts; Technical Proposal and Price Proposal.
B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional data will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit cost or pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.
C. EMAIL PROPOSALS: A proposal, modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.
• Offerors will submit email proposals as responses to this solicitation. These responses shall arrive no later than the time specified in the SF1449 solicitation document.
• Email proposals that fail to furnish required information, or that reject any of the terms, conditions, and provisions of the solicitation, may be excluded from consideration.
• Email proposals shall contain required signatures.
• The Government reserves the right to make award solely on the emailed proposal. However, if requested to do so by the Contracting Officer, the apparent successful offeror must promptly submit the complete original signed proposal.
• Proposals must be submitted to the following email addresses: dakota.l.asselyn.mil@mail.mil and badri.p.francis.mil@mail.mil.
D. Specific Instructions
PART I – TECHNICAL PROPOSAL
(a) Sub-factor 1 - Permits, Licenses, and Certifications: provide all training, licenses, certifications or other required authorizations necessary for compliance with the Kingdom of Saudi Arabia, and Local Laws, ordinances, statutes, and regulations pertaining to the facility operation, maintenance and repair.
Additionally, the contractor shall supply the following Host Nation (Saudi Arabia) certificates as applicable to meet all Host Nation agreements and requirements, to include:
1. Chamber of Commerce certificate
2. Commercial registration
3. Saudi Classification certificate
4. Saudi Social Insurance certificate
5. Saudization certificate
6. Zakat certificate
Identify each certificate in the proposal and provide a translated copy of each certificate if the original is not in English.
(b) Sub-factor 2 - Electronic Funds Transfer (EFT) Data: provide completed identifying required data for payment processing. (At time of award)
(c) Sub-factor 3 - Quality Control/Scheduling Work Plan: provide copies of the company’s Quality Control Plan and proposed Scheduling Work Plan to meet the project requirements as described in the Performance Work Statement (PWS).
(d) Sub-factor 4 – TriCare Provider: provide documentation of TriCare affiliation including hospital network and nearest operating locations to Riyadh, Saudi Arabia.
(e) Sub-factor 5 - Full Time Equivalent (FTE) Fill Strategy: provide a hiring strategy detailing how the company plans to fill each FTE required in the PWS. All FTE personnel must be available no later than 45 days from the date of award.
PART II – PRICE PROPOSAL
(a) Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with all attachments. The solicitation constitutes the model contract.
(b) Complete Attached Price List. All amounts must be stated as either whole dollar or Riyal amounts. The conversion rate assigned to this contract is 1USD=SAR3.75.
(c) Complete all necessary fill-ins and certifications.
(d) Sign any amendments to the solicitation.
Section M - Evaluation Factors for Award
ADDENDUM TO FAR 52.212-2
A. Basis for Contract Award This is a source selection conducted in accordance with Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), the Air Force Federal Acquisition Regulation Supplement (AFFARS), and DoD Source Selection Procedures. These regulations are available electronically at, https://www.acquisition.gov/content/regulations. The Government will award a firm-fixed-price contract to the lowest priced technically acceptable offeror. A contract may be awarded to the offeror who is deemed responsible in accordance with FAR Part 9.1, as supplemented, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Section L of this solicitation) and is judged, based on the evaluation factors and sub-factors. While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process.
B. Number of Contracts to be Awarded The Government intends to award a single firm-fixed-price contract to the lowest priced technically acceptable offeror as a result of this solicitation.
C. Discussions If, during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs) and the Final Proposal Revision (FPR) will be considered in making the source selection decision. If the offeror’s proposal has been evaluated as acceptable at the time discussions are closed, any changes or exceptions in the Final Proposal Revision are subject to evaluation and may introduce risk that the offeror’s proposal in being determined unacceptable and ineligible for award.
D. Solicitation Requirements, Terms and Conditions Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or sub-factors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award.
Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.
EVALUATION FACTORS
1. Evaluation Factors and Sub-factors The following evaluation factors and sub-factors will be used to evaluate each proposal. The Government will evaluate proposals for acceptability, proposals will not be ranked by non-price factors or sub-factors.
Factor 1: Technical
Sub-factor 1 – Permits, Licenses, and Certifications Sub-factor 2 – Electronic Funds Transfer (EFT) Data Sub-factor 3 – Quality Control/Scheduling Work Plan Sub-factor 4 – TriCare Provider Sub-factor 5 – Full Time Equivalent (FTE) Fill Strategy
Factor 2: Price
1. Technical Factor First, the Government’s technical evaluation team shall evaluate the technical proposals on an acceptable or unacceptable basis, assigning one of the ratings described below for each Sub-factor. Any Sub-factor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, un-awardable.
Only those proposals determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.
Technical Acceptable/Unacceptable Rating Method
Adjectival Rating Description
Acceptable Proposal meets the requirements of the solicitation.
Unacceptable Proposal does not meet the requirements of the solicitation.
The proposals will be evaluated against the following technical sub-factors:
Sub-factor 1: Permits, Licenses, and Certifications Description: The contractor must have all required certifications to do business within the Kingdom of Saudi Arabia.
Measure of Merit: This requirement is met when the offeror’s proposal contains all required certificates.
Sub-factor 2: Electronic Funds Transfer (EFT) Data Description: This sub-factor evaluates the contractor has provided proper EFT information for payment processing.
Measure of Merit: This requirement is met when the offeror’s proposal contains a completed EFT sheet.
Sub-factor 3: Quality Control/Scheduling Work Plan Description: This sub-factor evaluates the contractor has provided a quality control and scheduling work plan.
Measure of Merit: This requirement is met when the offeror’s proposal includes a quality control and scheduling work plan that demonstrates an understanding of the requirement and the capacity to perform in accordance with the terms of the Performance Work Statement and accompanying documents. Both plans shall contain original language describing how each requirement will be met.
Sub-factor 4: TriCare Provider Description: This sub-factor evaluates the contractor has provided documentation of TriCare affiliation.
Measure of Merit: This requirement is met when the offeror’s proposal includes certified documentation of TriCare affiliation. This documentation must include a list of connected TriCare hospitals for which military members can be assessed and a list of the nearest operating locations to Riyadh, Saudi Arabia.
Sub-factor 5: Full Time Equivalent (FTE) Fill Strategy Description: This sub-factor evaluates the contractor has provided a hiring strategy.
Measure of Merit: This requirement is met when the offeror’s proposal includes how the company plans to fill each FTE required in the PWS. The strategy must include detailed explanations for how the company plans to cope with increases and decreases in manning ratios over the life the contract. The strategy must also include contingency plans in which an employee unexpectedly quits and any service continuity shortfalls that may occur. In addition, the strategy must provide for all FTEs to be available for work no later than 45 days of contract award.
2. Price Factor The government shall rank all technically Acceptable offers by price. An offeror’s proposed prices will be determined by each offeror’s completion of the Price List.
Price: The government will evaluate all prices. The price evaluation will document the fairness and reasonableness of the Total Evaluated Price (TEP). The government reserves the right to perform price realism analysis.
Total Evaluated Price: A TEP will be evaluated in accordance with FAR 13.106-2.price
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Nurse(s) FTEFFP
-Provide full time equivalent (FTE) nursing positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
FOB: Destination
PSC CD: Q201
NET AMT
0002 1 Lot Physician(s) FTEFFP
-Provide full time equivalent (FTE) physician positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
0003 1 Lot Pharmacist(s) FTEFFP
-Provide full time equivalent (FTE) pharmacist positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
1001 1 Lot OPTION Nurse(s) FTEFFP
-Provide full time equivalent (FTE) nursing positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
1002 1 Lot OPTION Physician(s) FTEFFP
-Provide full time equivalent (FTE) physician positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
1003 1 Lot OPTION Pharmacist(s) FTEFFP
-Provide full time equivalent (FTE) pharmacist positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
2001 1 Lot OPTION Nurse(s) FTEFFP
-Provide full time equivalent (FTE) nursing positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
2002 1 Lot OPTION Physician(s) FTEFFP
-Provide full time equivalent (FTE) physician positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
2003 1 Lot OPTION Pharmacist(s) FTEFFP
-Provide full time equivalent (FTE) pharmacist positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
3001 1 Lot OPTION Nurse(s) FTEFFP
-Provide full time equivalent (FTE) nursing positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
3002 1 Lot OPTION Physician(s) FTEFFP
-Provide full time equivalent (FTE) physician positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
3003 1 Lot OPTION Pharmacist(s) FTEFFP
-Provide full time equivalent (FTE) pharmacist positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
4001 1 Lot OPTION Nurse(s) FTEFFP
-Provide full time equivalent (FTE) nursing positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
4002 1 Lot OPTION Physician(s) FTEFFP
-Provide full time equivalent (FTE) physician positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
4003 1 Lot OPTION Pharmacist(s) FTEFFP
-Provide full time equivalent (FTE) pharmacist positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
5001 1 Lot OPTION Nurse(s) FTEFFP
-Provide full time equivalent (FTE) nursing positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
5002 1 Lot OPTION Physician(s) FTEFFP
-Provide full time equivalent (FTE) physician positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
5003 1 Lot OPTION Pharmacist(s) FTEFFP
-Provide full time equivalent (FTE) pharmacist positions in accordance with the Performance Work Statement (PWS).
-Stated Period of Performance is estimated and will be based on award date.
-CLIN is %15 VAT inclusive.
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 1001 Destination Government Destination Government 1002 Destination Government Destination Government
1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government 5003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 28-JUN-2021 TO
27-JUN-2022
N/A HQ USMTM/MEDICAL SERVICES
DIRECTOR, MEDICAL SERVICES
USMTM
UNIT 61333-MED
APO AE 09803
050-525-4594
FY3533
0002 POP 28-JUN-2021 TO
27-JUN-2022
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 28-JUN-2021 TO
27-JUN-2022
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 28-JUN-2022 TO
27-JUN-2023
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 28-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 28-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 28-JUN-2023 TO
27-JUN-2024
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 28-JUN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 28-JUN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 28-JUN-2024 TO
27-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 28-JUN-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 28-JUN-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 28-JUN-2025 TO
27-JUN-2026
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 28-JUN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 28-JUN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
5001 POP 28-JUN-2026 TO
27-DEC-2026
N/A (SAME AS PREVIOUS LOCATION)
5002 POP 28-JUN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
5003 POP 28-JUN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
OCT 2020
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-56 Certification Regarding Trafficking in Persons Compliance
Plan.
OCT 2020
52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
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
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7028 Exclusionary Policies And Practices Of Foreign Government APR 2003 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(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:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to 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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)
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.
“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 Items, 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 will be performed in the United States or its outlying areas. 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--
(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. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone 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--
(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 (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror 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.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line item No. Country of origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.
(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004).
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