RFQ_Telescope_15_Aug_2018.docx
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- One Meter Telescope for USAFA Federal contract opportunity
- Solicitation number
- FA7000-18-T-0078
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RFQ Telescope 15 Aug 2018
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| File | Type | Posted |
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| Atch_3_QA_15_Aug_2018_rev_1.docx | DOCX document | |
| RFQ_Telescope_15_Aug_2018_rev_1.docx | DOCX document | |
| Atch_2_Floor_Plan.docx | DOCX document | |
| Atch_1_Offeror_Template_15_Aug_2018_rev_1.docx | DOCX document | |
| Atch_4_Financial_Reference.doc | DOC document | |
| Atch_1_Offeror_Template_15_Aug_2018.docx | DOCX document | |
| Atch_2_Floor_Plan.pdf | ||
| Atch_3_QA_15_Aug_2018.docx | DOCX document |
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FA700018T0078
1 Meter Telescope
1 Meter Telescope Combined Synopsis/Solicitation
IAW FAR 12.603
15 Aug 2018
This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This solicitation is issued as a Request for Quotation (RFQ), solicitation number FA700018T0078, IAW FAR Parts 12 and 13.5. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-99, effective 16 Jul 2018. The North American Industry Classification System Code (NAICS) is 333314 and the small business size standard is 500 employees. This acquisition will be awarded using full and open competition. All responsible offerors may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).
The Government bares no legal liability for bid costs associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award.
Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in award ineligibility. It is the offeror’s responsibility to ensure their offer meets all the requirements identified herein.
It is USAFA’s preference/intent to acquire only domestic end products per the Buy American Act, except as provided in FAR 25.103. Trade Aggrements are also applicable to this acquisition, expect as provided in FAR 25.401 and DFARS 225.401. Foreign offers will be evaluated per DFARS 225.502 when comparing domestic and foreign offers. This requirement is for commercial items, therefore; the manufacturing country of origin will determine if the offer is foreign or domestic.
Buy American certification of compliance is required and must be submitted with quote. (See DFARS clause 252.225-7000). Additionally, the Trade Agreements Certificate is required and must be submitted with quote. (See DFARS clause 252.225-7020).
1. DESCRIPTION OF ITEMS:
One Meter Telescope in accordance with Attachment 1 – Offeror Template, complete with shipping, installation, operator training and any warranty on parts and labor.
Offer shall comply with description and solicitation instructions and amendments included in this combined synopsis/solicitation.
II. SOLICITATION INSTRUCTIONS
1. NOTICE TO OFFERORS:
Complete funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
Addendum to FAR 52.212-1(b), Submission of Offers: Submit a signed and dated offer utilizing Attachment 1 via e-mail to Ryan Mavis, Contract Specialist, at ryan.mavis.2@us.af.mil AND Rebecca Graham, Contracting Officer, at rebecca.graham.5@us.af.mil. Offers must be submitted by 31 Aug 2018, 11:00 am Mountain Time.
Late submissions:
a. Offerors are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 10:00 a.m., local time, for the designated Government office on the date that quotations are due.
b. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.
c. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government operations resume.
2. FORMAL COMMUNICATIONS:
Requests for clarification and information concerning the solicitation must be provided in writing. Answers will be compiled and posted electronically to the Federal Business Opportunities website: https://www.fbo.gov. Questions may be emailed to the points of contact listed above. All correspondence should reference the solicitation number. Questions must be submitted no later than 24 Aug 2018, no later than 11:00 am Mountain Time.
3. OFFER PREPARATION INSTRUCTIONS:
General Instructions. To assure timely and equitable evaluation of the quote, the offeror must follow the instructions contained herein. The offer must be complete, stand alone, and respond directly to the requirement of this solicitation.
The response shall be prepared using Attachment 1: Offeror Template and is comprised of the following:
Part I – Price Part II – Technical Part II – Contract Documentation
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 cost information will be requested. 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 information other than cost or pricing data to support a determination of price reasonableness IAW FAR 13.106-3.
1. The offer must include all data and information requested and must be submitted IAW these instructions. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in Part IV - Contract Documentation.
1. The offer shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims.
1. IAW FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of each offer received.
1. Format for Attachment 1 submission Parts I – III are included in the attachment.
4. PART I - PRICE:
Offerors shall provide responses to requirements in Attachment 1, which includes Part I – Price.
Customary progress payments are anticipated for this requirement. Offerors are required to state their need for progress payments and identify milestones/events where payment is desired. Offerors must state their need within Attachment 1, no more than a single page in length. If offerors fail to state the need for progress payments, then progress payments may not be available after award.
5. PART II – TECHNICAL:
Two technical sub factors of equal importance exist:
Sub factor 1: Salient Characteristics Sub factor 2: Experience
Offerors shall provide responses to requirements in Attachment 1, which includes Part II – Technical.
Sub factor 1: The offeror is responsible to provide sufficient supporting documentation demonstrating the capability of meeting the Government’s salient characteristics requirement in contract line item number (CLIN) 0001 of this solicitation. Descriptive literature and technical specifications must contain adequate information to judge if the stated telescope meets the salient characteristics listed and may be no more than 20 pages in total length. A general statement of compliance or restatement of the salient characteristics is insufficient. Ensure the descriptive literature addresses each salient characteristic listed.
Sub factor 2: It is incumbent upon the offeror to provide sufficient evidence of experience. Failure to provide substantiating evidence may result in exclusion from evaluation. To receive an acceptable rating, an offeror shall include a minimum of ONE (1) company for which they have manufactured, installed, tested and received payment for a meter-class telescope within the last five years (i.e., either a 1-meter primary, or the nearest size primary the vendor has used but not smaller than 0.6 meter). Cited experience outside of these requirements will be excluded from evaluation.
In order to be considered technically acceptable, offerors must demonstrate the ability to meet or exceed the salient characteristics and provide sufficient evidence of recent experience. Descriptive literature can be information such as illustrations, drawings, or a clear reference, such as a website to information readily available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer and literature. If an offeror cannot comply with every requirement, the offer may not be considered.
6. PART III – CONTRACT DOCUMENTATION (Representation and Certification).
(i) Either complete Representation and Certification in the System of Award Management (SAM) at https://www.sam.gov or the necessary fill-ins and certification in the provision at FAR 52.212-3 (Jan 2017), Alt I (Oct 2014).
(ii) Contractors must be registered with SAM (www.sam.gov) to conduct business with the Department of Defense. A purchase order cannot be awarded to a company without this registration.
(iii) The provision at DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate, must be completed and returned with the offer. This provision is included at the end of this solicitation.
(iv) The provision at DFARS 252.225-7020, Trade Agreements Certificate, must be completed and returned with the offer. This provision is included at the end of this solicitation.
(v) Offers must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Proposals received with F.O.B. other than Destination will not be considered.
(vi) Provide a written statement that the offeror's offer incorporates all amendments to the solicitation (if applicable).
FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JAN 2017), is incorporated by reference. Addenda to FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS
Offerors must comply with all instructions contained in the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below and included on Attachment 1). The offeror shall submit their signed and dated offer on company letterhead to include the following:
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, telephone number, CAGE code, DUNS number, and Tax Identification Number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments; and
(10) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
Addendum to FAR 52.212-1(h), Multiple awards is amended as follows: “The Government will award a contract on an “all or none” basis, multiple awards shall not be contemplated.”
FAR 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:
1) Price
2) Technical
Award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for the technical factor.
Paragraph b and c are not applicable as shown below:
(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.
FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS (Nov 2017)
Provide a complete copy of the provision at 52.212-3 – Offeror Representations and Certifications -- Commercial Items. The provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Alt I), must be completed. Offerors are highly encouraged to complete all representations and certifications electronically on line at (https://www.sam.gov). If not completed on-line, 52.212-3 shall be completed in hard copy and submitted with quote.
The Clauses at 52.212-4, Contract Terms and Conditions -- Commercial Items, and 52.212-5 (Dev), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items apply to this acquisition.
III. BASIS FOR CONTRACT AWARD:
This will be a competitive acquisition under FAR Parts 12 and 13.5 as a Request for Quotation. This requirement will be awarded IAW FAR 52.212-2, to the responsible, responsive, technically acceptable offeror with the lowest evaluated price. By submission of its offer IAW the instructions provided in FAR 52.212-1, Instruction to Offerors, the offeror agrees to the terms listed in this document. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Exceptions to terms and conditions may result in the offer being determined ineligible for award.
1. Responsibility. All quotes will be reviewed for exclusions or derogatory information in System for Award Management (SAM), Federal Awardee Performance and Integrity Information System (FAPIIS), Supplier Performance Risk System (SPRS), and other sources available to the Government. Offerors with exclusions or derogatory information will not be evaluated further.
2. Responsiveness. All quotes from responsible offerors will be reviewed to ensure they meet the solicitation criteria. Offerors who fail to meet solicitation criteria will not be evaluated further. The Government may choose to waive or correct informalities and minor irregularities in offers received.
3. Price Evaluation. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. Prices proposed must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Proposals shall include installation, operator training and any warranty on parts and labor. Offers shall be ordered by price.
4. Technical Evaluation. The Government will evaluate the lowest priced offer for technical acceptability.
a. The Government will evaluate proposals for technical acceptability on an Acceptable/Unacceptable basis. ALL Technical Sub factors must be rated “Acceptable” to be considered technically acceptable.
b. To be eligible for award, an offeror must have an “Acceptable” rating in every non-priced sub factor either on the basis of the initial proposal, or as a result of discussions, if conducted.
c. The Technical Sub factors will receive a rating of Acceptable/Unacceptable as defined:
Technical Acceptable/Unacceptable Ratings
| Rating |
| Description |
| Acceptable |
| Quote meets the requirements of the solicitation. |
| Unacceptable |
| Quote does not meet the requirements of the solicitation. |
d. The quote will be evaluated based on the following two (2) sub factors:
Sub factor 1: Salient Characteristics – The offeror shall provide a quote which meets or exceeds all salient characteristics for USAFA’s 1-meter telescope, found in Attachment 1.
Sub factor 2: Experience – The offeror shall cite recent experience information pertaining to the manufacturing and installation of 0.6 meter or larger telescopes, providing all necessary details outlined in Attachment 1.
e. If the lowest priced quote is rated “Acceptable” for all Technical Sub factors and the offer represents the best value for the Government, then the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers. If the lowest priced quote offeror is not rated “Acceptable” for all Technical Sub factors, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is rated “Acceptable” for all Technical Sub factors.
f. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. The Government reserves the right to award one or no contract at all, depending on the quality of quotes submitted. Failure to quote for any salient characteristic may cause the offeror’s quote to be rejected as non-responsive.
(End of Addendum)
FAR 52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017), is incorporated by reference.
Addenda to FAR 52.212-4 - Text in paragraph (c) is deleted and replaced with the following:
(c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).
(End of Addendum)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) _X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 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)
IV. CONTRACT CLAUSES
The following clauses are incorporated by reference:
| 52.203-3 | Gratuities (Apr 1984) |
| 52.203-6 | Restrictions on Subcontractor Sales to the Government (Sep 2006) |
| 52.203-6 Alt I | Restrictions on Subcontractor Sales to the Government—Alternate I (Oct 1995) |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) |
| 52.204-18 | Commercial and Government Entity Code Maintenance (Jul 2016) |
| 52.209-6 | Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) |
| 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) |
| 52.212-1 | Instructions to Offerors—Commercial Items (Apr 2014) |
| 52.212-4 | Contract Terms and Conditions—Commercial Items (Jan 2017) |
| 52.222-3 | Convict Labor (Jun 2003) |
| 52.222-19 | Child Labor -- Cooperation with Authorities and Remedies (Oct 2016) |
| 52.222-21 | Prohibition of Segregated Facilities (Apr 2015) |
| 52.222-26 | Equal Opportunity (Sep 2016) |
| 52.222-35 | Equal Opportunity for Veterans (Oct 2015) |
| 52.222-36 | Equal Opportunity for Workers w/Disabilities (Jul 2014) |
| 52.222-37 | Employment Reports on Veterans (Feb 2016) |
| 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) |
| 52.222-50 | Combating Trafficking in Persons (Mar 2015) |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (Jun 2008) |
| 52.232-16 Alt I | Progress Payments (Apr 2012) |
| 52.232-29 | Terms for Financing of Purchases of Commercial Items (Feb 2002) |
| 52.232-33 | Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) |
| 52.232-40 | Providing Accelerated Payments to Small Business Contractors (Dec 2013) |
| 52.233-3 | Protest After Award (Aug 1996) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (Oct 2004) |
| 252.203-7000 | Requirements Relating to Compensation of Former DoD Officials (Sep 2011) |
| 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 (Oct 2016) |
| 252.204-7015 | Disclosure of Information to Litigation Support Contractors (May 2016) |
| 252.213-7000 | Notice to Prospective Suppliers on the Use of Supplier Performance Risk in Past Performance Evaluations (Mar 2018) |
| 252.225-7001 | Buy American and Balance of Payments Program – Basic (Dec 2017) |
| 252.225-7002 | Qualifying Country Sources as Subcontractors (Dec 2016) |
| 252.225-7012 | Preference for Certain Domestic Commodities (Dec 2017) |
| 252.225-7021 | Trade Agreements – Basic (Dec 2017) |
| 252.225-7050 | Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (Jan 2018) |
| 252.226-7001 | Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) |
| 252.232-7003 | Electronic Submission of Payment Requests and Receiving (Jun 2012) |
| 252.232-7010 | Levies on Contract Payments (Dec 2006) |
| 252.243-7002 | Requests for Equitable Adjustment (Dec 2012) |
| 252.244-7000 | Subcontracts for Commercial Items (Jun 2013) |
| 252.247-7023 | Transportation of Supplies by Sea—Basic (Apr 2017) |
The following clauses are provided in full text:
FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Vendor must use the “Stand Alone” Invoicing option only. The Government’s receipt and acceptance will not be accomplished through WAWF, therefore, the 2-in-1 invoicing or combo function must not be used.
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the Contracting Officer.
Destination
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| TBD |
| Issue By DoDAAC |
| FA7000 |
| Admin DoDAAC |
| FA7000 |
| Inspect By DoDAAC |
| TBD |
| Ship To Code |
| TBD |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Rebecca.Graham.5@us.af.mil (Contracting Officer) Ryan.Mavis.2@us.af.mil (Contract Specialist)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Rebecca.Graham.5@us.af.mil (Contracting Officer) Ryan.Mavis.2@us.af.mil (Contract Specialist)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
AFFARS 5352.201-9101 OMBUDSMAN (JUN 2016)
(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 offers, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, James Anderson 8110 Industrial Drive, Ste 103
USAFA, CO 80840
Telephone number 719-333-2074
FAX 719-333-9018
Email: james.anderson@us.af.mil
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
(End of clause)
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
(End of clause)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and refer to USAFA A-01 Contractor Access to USAFA Instruction to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management citing the appropriate paragraphs as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
10 CONS Addendum: Per AFI 91-201 para. 2.12 applicable to all AF contract and lease, contractors and subcontractors are to promptly report pertinent facts regarding mishaps involving reportable damage or injury to the Air Force and to cooperate in any Air Force safety investigation. Cooperation will include toxicology testing (paragraph 2.7.4.). For additional guidance on contracts see AFI 91-202, The US Air Force Mishap Prevention Program specifically paragraphs. 3.5.1, 3.13.3. and 8.10. In addition per USAFA Supplement to AFI 91-201 paragraph 2.12, the contractor will report Government property damage or serious injury to contractor personnel to USAFA/SE within one duty day of the mishap or event.
(End of clause)
V. SOLICITATION PROVISIONS
FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (ALTERNATE I) (NOV 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision-- “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—
(6) 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
(7) 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.
“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” 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.
“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 its stock 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…
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