FA5703-13-T-0015-31_July_13-Final.pdf
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FA5703-13-T-0015 Page 1 of 2
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes a formal solicitation for quotes.
2. Solicitation number: FA5703-13-T-0015
3. This synopsis/solicitation is issued as a Request for Quotation (RFQ)
a. Per FAR 13.004, submittal of a quote does not constitute a contract. The Government will evaluate all quotes and notify the vendor who has the lowest price and meets all specifications of each CLIN. Upon notification, the Government will issue a contract upon the vendor and Contracting Officer signatures validate a binding contract.
4. Provisions and clauses in effect through Federal Acquisition Circular: (FAC) 2005-67, Effective 22 Jul
5. A notice regarding any set-aside: None
6. NAICS Code: 335929
7. Small Business Size Standard: Not Applicable (N/A)
8. Statement regarding the Small Business Competitiveness Demonstration Program, if applicable: N/A
9. This requirement is for Brand Name or Equal equipment with equivalence originating to products manufactured by Brocade.
10. This is a RFQ asking for a quote on stated items. Quotes are due on Thursday, 15 August, 2013 at
0900 Eastern Standard Time (EST). The Government is asking for quotes to be valid for a duration of 60 days.
12. Description: The U.S. Government is in need of the Brocade equipment listed below. The items must be in compliance with the stated descriptions and part numbers listed.
13. Date(s) delivery: Offerors are encouraged to submit earliest possible delivery date due to the urgency of this requirement.
14. Place(s) of Delivery and Acceptance: The contractor shall deliver required items to the following address at Ali Al Salem AB, Kuwait.
Local Address
Jacques Lamoureux
386 ECONS
Bldg. 592 Barnes Ave.
Ali Al Salem, KW 09855
Shipping Address
Jacques Lamoureux
386 ECONS
APO, AE 09855
*Local contractors may deliver required items to the sandpit at Ali Al Salem AB.
FA5703-13-T-0015 Page 2 of 2
15. FOB Point: DESTINATION
16. The name and telephone number of the individual to contact for information regarding the solicitation: Jacques M. Lamoureux, Contracting Officer, 9725-3800 (cell).
17. Defense Priorities and Allocations System (DPAS) and assigned rating: N/A
18. The date, time and place offers are due: Thursday, 15 August 2013, by 0900 EST, emailed to
Jacques.lamoureux@asab.afcent.af.mil.
19. Questions are due NLT that Friday, 9 August 2013, at 0900 EST, emailed to
Jacques.lamoureux@asab.afcent.af.mil.
20. The name and telephone number of the individual to contact for information regarding the solicitation: Jacques M. Lamoureux, Contracting Officer, 9725-3800 (cell).
mailto:Jacques.lamoureux@asab.afcent.af.mil mailto:Jacques.lamoureux@asab.afcent.af.mil
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF.
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 3/2005)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITON IS
UNRESTRICTED OR
NAICS:
SIZE STANDARD:
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
OFFER
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
EMERGING SMALL
BUSINESS
8(A)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
335929
386 ECONS
Bldg 592
APO AE 09855
X
See Schedule
FA5703
SEE SCHEDULE
FA5703-13-T-0015
30-Jul-2013 Jacques Lamoureux 442-2056 jacques.lamoureux@asab.afcent.af.mil
386 ECONS
Bldg 592
APO AE 09855
Jacques Lamoureux
31-Jul-2013
15-Aug-2013 04:00 PM
FA5703
386 ECONS
Bldg 592
APO AE 09855
FA5703
See Schedule
386 ECONS
Bldg 592
APO AE 09855
FA5703
318-442-2056
STANDARD FORM 1449 (REV. 3/2005) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
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
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
CONTRACT PIIN : FA5703-13-T-0015
Supplies or Services and Price/Costs
LINE ITEM QUANTITY UNIT OF ISSUE UNIT PRICE EXTENDED
PRICE
COST
CONSTRAINTS
0001 3.0000 Each - - Firm
Option:
Nomenclature: SI-1216F-4 Nsn:
Noun:
Part Number /
FSCM:
SI-1216F-4
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Destination Inspection: Destination Acceptance: Destination Description: ServerIron ADX 1000F (1RU) - Four CPU Cores + Eight 10/100/1000 Mbps Ethernet Copper
Ports + Sixteen 1 Gigabit Ethernet Fiber SFP Ports (Optics not included) + Two 10 Gigabit Ethernet Fiber SFP+ Ports (Optics not included) + One AC Power Supply. Brand Name or Equal
COST
CONSTRAINTS
0002 3.0000 Each - - Firm
Option:
Nomenclature: ADX-1K-LIC-PREM Nsn:
Noun:
Part Number /
FSCM:
ADX-1K-LIC-PREM
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Destination Inspection: Destination Acceptance: Destination Description: ServerIron ADX 1000/1000F - License FOR Premium Features (Layer 3 Routing, IPv6 and
Global Server Load Balancing. Note: ADX 1008x-1 does NOT support Global Server Load Balancing; ADX 1008x-1 and 1016-2 systems do not support multitenancy) Brand Name or Equal
COST
CONSTRAINTS
0003 3.0000 Each - - Firm
Option:
Nomenclature: RPS9 Nsn:
Noun:
Part Number /
FSCM:
RPS9
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Destination Inspection: Destination Acceptance: Destination Description: 500W AC Power supply for NetIron CES, NetIron CER and ServerIron ADX 1000 Series. Brand Name or Equal
COST
CONSTRAINTS
0004 4.0000 Each - - Firm
Option:
Nomenclature: 10G-SFPP-LR Nsn:
Noun:
Part Number /
FSCM:
10G-SFPP-LR
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
Description: 10GBASE-LR, SFP+ optic (LC), for up to 10km over SMF.Brand Name or Equal
COST
CONSTRAINTS
0005 4.0000 Each - - Firm
Option:
Nomenclature: E1MG-TX Nsn:
Noun:
Part Number /
FSCM:
E1MG-TX
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Destination Inspection: Destination Acceptance: Destination Description: 1000BASE-TX SFP Copper, RJ-45 Connector. Brand Name or Equal
COST
CONSTRAINTS
0006 4.0000 Each - - Firm
Option:
Nomenclature: E1MG-LX-OM-8 Nsn:
Noun:
Part Number /
FSCM:
E1MG-LX-OM-8
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
Description: 1000Base-LX SFP optic 8 Pack, SMF, LC connector, Optical Monitoring Capable. Brand Name or Equal
COST
CONSTRAINTS
0007 3.0000 Each - - Firm
Option:
Nomenclature: SIADX1-SVL-NDP-5 Nsn:
Noun:
Part Number /
FSCM:
SIADX1-SVL-NDP-5
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Destination Inspection: Destination Acceptance: Destination Description: ESSENTIAL NBD PARTS ONLY SUPPORT, ServerIron ADX 1016 and 1216 Systems (includes
SSL). Brand Name or Equal
COST
CONSTRAINTS
0008 1.0000 Each - - Firm
Option:
Nomenclature: Shipping Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract
ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Destination Inspection: Destination Acceptance: Destination Description:
Inspection and Acceptance
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government
Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
FAR 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
Jun 2013
FAR 52.222-1 Notice to the Government of Labor Disputes Feb 1997
FAR 52.223-6 Drug-Free Workplace May 2001
FAR 52.225-14 Inconsistency Between English Version and Translation of
Contract
Feb 2000
FAR 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004
FAR 52.244-6 Subcontracts for Commercial Items Dec 2010
FAR 52.253-1 Computer Generated Forms Jan 1991
DFARS 252.201-7000 Contracting Officer’s Representative Dec 1991
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
Sep 2011
DFARS 252.225-7021 Trade Agreements Dec 2012
DFARS 252.225-7041 Correspondence in English Jun 1997
DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
Mar 2006
DFARS 252.232-7010 Levies on Contract Payments Dec 2006
DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991
DFARS 252.244-7000 Subcontracts for Commercial Items Jun 2013
DFARS 252.247-7023 Transportation of Supplies by Sea Jun 2013
AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances
(ODS)
Nov 2012
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --
Commercial Items (Jan 2013)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
X Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-
78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title
VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub.
L. 111-5).
X (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).
(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012)
(41 U.S.C. 2313).
___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section
738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of
Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan
2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (11) [Reserved]
___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) of 52.219-9.
___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and
Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting
(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)
(15 U.S.C. 657f).
___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C.
632(a)(2)).
___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small
Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).
___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible
Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).
X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O.
13126).
___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
___ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496).
___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer
Products (Dec 2007) (E.O. 13423).
___ (ii) Alternate I (Dec 2007) of 52.223-16.
_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug
2011).
___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (Mar 2012) of 52.225-3.
___ (iii) Alternate II (Mar 2012) of 52.225-3.
___ (iv) Alternate III (Nov 2012) of 52.225-3.
___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
___ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)
(31 U.S.C. 3332).
X (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration
(May 1999) (31 U.S.C. 3332).
___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41
U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple
Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
_ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-
247).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-
252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.
793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)
(41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for
Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar
2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb
2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.232-34 -- Payment by Electronic Funds Transfer--Other Than Central Contractor
Registration (May 1999)
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the
Contractor agrees to either--
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend payment due dates until such time as the
Government makes payment by EFT (but see paragraph (d) of this clause).
(b) Mandatory submission of Contractor's EFT information.
(1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter:
``designated office'') by no later than 15 days prior to submission of the first request for payment.
If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through the
ACH are contained in 31 CFR part 210.
(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor.
Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's
EFT information incorrectly, the Government remains responsible for--
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the
Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.
(j) EFT information. The Contractor shall provide the following information to the designated office. The
Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The
Contractor shall designate a single financial agent per contract capable of receiving and processing the
EFT information using the EFT methods described in paragraph (c) of this clause.
(1) The contract number (or other procurement identification number).
(2) The Contractor's name and remittance address, as stated in the contract(s).
(3) The signature (manual or electronic, as appropriate), title, and telephone number of the
Contractor official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.
(5) The Contractor's account number and the type of account (checking, saving, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.
(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer
System; and, therefore, not the receiver of the wire transfer payment.
(End of clause)
FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:
http://farsite.hill.af.mil/
(End of Clause)
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (Mar
2006)
(a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S.
entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from PGI
225.7403-1.
(End of clause)
DFARS 252.225-7993 – Prohibition on Contracting with the Enemy in the United States Central
Command Theater of Operations (Deviation 2012-O0005) (Jan 2012)
(a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.
(b) The Head of the Contracting Activity (HCA) has the authority to--
(1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or
(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.
(End of clause)
DFARS 252.225-7994 – Additional Access to Contractor and Subcontractor Records in the United
States Central Command Theater of Operations (Deviation 2012-O0005) (Jan 2012)
(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not—
(1) Subject to extortion or corruption; or
(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.
(b) The substance of this clause, including this paragraph (b), is required to be in subcontracts under this
Contract that have an estimated value over $100,000.
(End of clause)
AFFARS 5352.201-9101 Ombudsman (APR 2010)
(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 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, concerned parties may contact the following:
Center/MAJCOM or AFISRA ombudsmen:
Lt Col Tonney Kaw-Uh
ACC/A7K
DSN: (312)574-5371
Commercial: 011-965-757-764-5371
Email: tonney.kaw-uh@langley.af.mil
Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or
ARISRA level, may be brought by the concerned party for further consideration to the following:
Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting):
SAF/AQC
1060 Air Force Pentagon
Washington DC 20330-1060
Commercial: (703) 588-7004
Facsimile: (703) 588-1067
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
(End of Clause)
Solicitation Provisions
PROVISIONS INCORPORATED BY REFERENCE
FAR 52.209-2 Prohibition on Contracting With Inverted Domestic
Corporations – Representation
May 2011
FAR 52.212-1 Instructions to Offerors – Commercial Items Feb 2012
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in
Sanctioned Activities Relating to Iran – Representation and
Certification
Dec 2012
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
Nov 2011
DFARS 252.225-7020 Trade Agreements Certificate Jan 2005
PROVISIONS INCORPORATED BY FULL TEXT
FAR 52.212-1 – Instructions to Offerors – Commercial Items (Feb 2012) Addendum
A. To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
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 data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.
52.212-2 -- Evaluation -- Commercial Items (Jan 1999)
(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:
Price
Technical Acceptability
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the
Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
52.212-2 -- Evaluation -- Commercial Items (Jan 1999) Addendum
Evaluation Method and Criteria
Evaluation Method. This award will be made to the lowest price that meets the specifications for each
CLIN.
(End of Addendum)
FAR 52.216-1 -- Type of Contract (Apr 1984)
The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.
(End of Provision)
52.225-17 -- Evaluation of Foreign Currency Offers (Feb 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using $1.00 is equal to 0.2812 Kuwaiti Dinar.
(End of provision)
FAR 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/these address:
http://farsite.hill.af.mil/
(End of Provision)
DFARS 252.209-7999 – Representation by Corporations Regarding an Unpaid Delinquent Tax
Liability or a Felony Conviction under any Federal Law (Deviation 2012-O0004) (Jan 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(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 the 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,
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.
(End of provision)
DFARS 252.225-7042 – Authorization to Perform (APR 2003)
The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.
(End of provision)
DFARS 252.247-7022 -- Representation Of Extent Of Transportation By Sea (Aug 1992)
(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.
(b) Representation. The Offeror represents that it—
_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will include the Transportation of
Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-
7024, Notification of Transportation of Supplies by Sea.
(End of provision)
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