HDEC04-21-R-0008 Solicitation.pdf
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- GROCERY CARTS, SPECIALTY, WITH TOY BODY DESIGN
- Solicitation number
- HDEC04-21-R-0008
- Issued by
-
Defense Commissary Agency
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SEE ADDENDUM
(No Collect Calls)
HDEC0421R0008 25-Oct-2021
b. TELEPHONE NUMBER
804-734-8000
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 26 Nov 2021
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
HDEC049. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CASTRO JONATHAN
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
DEFENSE COMMISSARY AGENCY
SUPPLY & EQUIPMENT DIVISION
BUILDING P 11200
1300 E AVENUE
FORT LEE VA 23801-1800
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
X SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
(804) 734-8269/8886FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333924
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF67
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
HDEC0421R0008
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
Base Year: December 1, 2021, or date of award, through November 30, 2022
ESTIMATED
NET AMT
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AA 220 Each CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
CONUS Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for CONUS store locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).
FOB: Destination
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AB 25 Each CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
OCONUS Stores Only (Including Far East, Puerto Rico and Europe)
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for OCONUS (including Far East, Puerto Rico and Europe) locations only. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212- 4(g)(1)(v). The unit price shall include transportation charges to the port specified.
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AC 5 Each CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
Alaska and Hawaii Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable to orders shipped directly to Hawaii and Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include shipping charges and transportation charges to the final destination (Alaska and/or Hawaii location).
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION CED 2E09, Grocery Cart, Specialty
FFP
Option Year 1: December 1, 2022 through - November 30, 2023
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AA 200 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
CONUS Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for CONUS store locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AB 20 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
OCONUS Stores (Including Far East, Puerto Rico and Europe)
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for OCONUS (including Far East, Puerto Rico and Europe) locations only. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212- 4(g)(1)(v). The unit price shall include transportation charges to the port specified.
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AC 10 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
Alaska and Hawaii Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable to orders shipped directly to Hawaii and Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include shipping charges and transportation charges to the final destination (Alaska and/or Hawaii location).
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION CED 2E09, Grocery Cart, Specialty
FFP
Option Year 2: Decemebr 1, 2023 through- Novemebr 30, 2024
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AA 165 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
CONUS Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for CONUS store locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AB 35 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
OCONUS Stores (Including Far East, Puerto Rico and Europe)
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for OCONUS (including Far East, Puerto Rico and Europe) locations only. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212- 4(g)(1)(v). The unit price shall include transportation charges to the port specified.
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AC 10 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
Alaska and Hawaii Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable to orders shipped directly to Hawaii and Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include shipping charges and transportation charges to the final destination (Alaska and/or Hawaii location).
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION CED 2E09, Grocery Cart, Specialty
FFP
Option Year 3: December 1, 2024 through - November 30, 2025
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AA 150 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
CONUS Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for CONUS store locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AB 20 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
OCONUS Stores (Including Far East, Puerto Rico and Europe)
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for OCONUS (including Far East, Puerto Rico and Europe) locations only. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212- 4(g)(1)(v). The unit price shall include transportation charges to the port specified.
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AC 10 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
Alaska and Hawaii Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable to orders shipped directly to Hawaii and Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include shipping charges and transportation charges to the final destination (Alaska and/or Hawaii location).
UNIT UNIT PRICE ESTIMATED AMOUNT
OPTION CED 2E09, Grocery Cart, Specialty
FFP
Option Year 4: December 1, 2025 - November 30, 2026
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AA 160 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
CONUS Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for CONUS store locations only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AB 35 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
OCONUS Stores (Including Far East, Puerto Rico and Europe)
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable for OCONUS (including Far East, Puerto Rico and Europe) locations only. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212- 4(g)(1)(v). The unit price shall include transportation charges to the port specified.
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AC 5 Each OPTION CED 2E09, Grocery Cart, Specialty
FFP
With Toy Body Design
Alaska and Hawaii Stores Only
Manfacturer:
Model:
Warranty Period:
Warranty POC Name & Phone Number:
Warranty Email Address:
Note: This SubCLIN is applicable to orders shipped directly to Hawaii and Alaska locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include shipping charges and transportation charges to the final destination (Alaska and/or Hawaii location).
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0001AA N/A N/A N/A N/A
0001AB N/A N/A N/A N/A
0001AC N/A N/A N/A N/A
1001 N/A N/A N/A N/A
1001AA N/A N/A N/A N/A
1001AB N/A N/A N/A N/A
1001AC N/A N/A N/A N/A
2001 N/A N/A N/A N/A
2001AA N/A N/A N/A N/A
2001AB N/A N/A N/A N/A
2001AC N/A N/A N/A N/A
3001 N/A N/A N/A N/A
3001AA N/A N/A N/A N/A
3001AB N/A N/A N/A N/A
3001AC N/A N/A N/A N/A
4001 N/A N/A N/A N/A
4001AA N/A N/A N/A N/A
4001AB N/A N/A N/A N/A
4001AC N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(JUN 2020) -- Alternate I
OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Items SEP 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.213-1 Fast Payment Procedure MAY 2006 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.229-11 Tax on Certain Foreign Procurements--Notice and
Representation
JUN 2020
52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
SEP 2019
252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding
SEP 2013
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal
Contractors (Deviation 2021-O0009)
OCT 2021
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7023 Alt II Transportation of Supplies by Sea (FEB 2019) Alternate II FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)
The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
The following information is added to the respective paragraphs of FAR 52.212-1:
(a) North American Industry Classification System (NAICS) code and small business size standard: The applicable NAICS to this solicitation is 326199 and the Size Standard is 750 employees. Your Representations and Certifications must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.
(b) Submission of Proposals: Proposals are to be submitted to the Defense Commissary Agency, Supply/Equipment Acquisition Division DeCA (CCQS), Attn: Jonathan Castro, 1300 E. Ave, Fort Lee, VA 23801- 1800. E-mailed copies will be accepted. You may email to jonathan.castro@deca.mil. The complete proposal with authorized representative’s signature must be received by the closing date and time annotated within this solicitation. Adobe PDF, Microsoft Excel files, cut sheets, specifications, drawings, or brochures are the only accepted forms of files to be submitted. Failure by the offeror to submit all of the requirements may cause the offer to be rejected with no further consideration given.
By submission of a proposal, the offeror acknowledges the requirement to register in Procurement Integration Enterprise Environment (PIEE) formerly known as Wide Area Workflow (WAWF) prior to award. The successful awardee will be required to submit “combo invoices” in PIEE to facilitate the payment process. For more information on PIEE, please log in to https://piee.eb.mil. Offerors are encouraged to take the Web Based Training if this is the first time providing a proposal to the government.
By submission of a proposal, the offeror acknowledges the requirement to register in Electronic Document Access (EDA) prior to award. The successful awardee will use this site to receive and/or obtain the basic contract, any future modifications, and all delivery orders. For more information on EDA, please log in to https://piee.eb.mil.
Offerors are encouraged to review the Training Material on the EDA site if this is the first time providing a proposal to the government.
In completing the FAR and DFARS Reps and Certs, complete clause DFARS 252.225-7020 and submit proof of origin document or statement that can be a certificate of origin, a self-issued certificate of origin, or a declaration of origin along with POC information (name, title, phone number, email address and physical address) that we can contact to verify.
By submission of a proposal, the offeror acknowledges the requirement to register in myInvoice prior to award. The successful awardee can use this site to review payment status for invoices. For more information on myInvoice, please log in to https://piee.eb.mil. Offerors are encouraged to review the Instructions on the myInvoice site if this is the first time providing a proposal to the government.
(b)(4) Product Information: Offerors shall submit descriptive literature, a matrix, specifications, drawings, cut sheets, or other information that demonstrates that their proposed products meet or exceeds ALL of the specifications in the Commissary Equipment Descriptions (CED). Additionally, offerors shall include the expected life cycle of the equipment in order to determine the duration for parts support. Be sure your documentation clearly shows which model is included in the proposal. Be sure to explain and/or illustrate how each specification in the CED is met or exceeded. Do not simply copy the CED into your technical proposal.
(b)(6) Price: Provide your best firm fixed price proposal for each line item and enter the total price for the maximum quantity for each priced line item (SubCLIN) listed on your proposal. All prices shall be rounded to two (2) decimal places (ex 197.63).
FOB Destination is required for this award; therefore, please include any shipping costs into your unit price for each item. Vendors are responsible for all shipments to final destinations in the Continental United States (CONUS), Alaska and Hawaii. Outside the Continental United States (OCONUS), those shipments with a final destination to Puerto Rico will be shipped to a freight forwarder in the U.S. (Norfolk, Va) and those shipments with a final destination for the Far East will be shipped to a freight forwarder in Stockton, Ca for the Far East. Packaging and palletization to meet the requirements of the final destination are required and should also be factored into the unit price for each item.
Please Note: Box 11 on page 1; this is a system glitch and that FOB Destination terms are applicable, consistent with the FOB terms listed in each of the CLINS.
(b)(8) System for Award Management: Offerors must update the System for Award Management (SAM) at https://www.sam.gov. On-line representations and certifications must be completed at this site. If the offeror has any exceptions to FAR 52.212-3, paragraphs c thru u, that apply specifically to this solicitation then, complete the applicable paragraphs ( FAR 52.212-3 is included in full text in this solicitation) and submit them with your proposal to this solicitation. Please note the SAM certifications must include the respective NAICS code for the requirement. The offeror only needs to complete paragraph (b)(2) of FAR 52.212-3 Alt I and submit with their proposal if in SAM. Per FAR 4.1201(a): Prospective contractors shall complete electronic annual representations and certifications at SAM accessed via https://www.sam,gov as a part of required registration (see FAR 4.1102).
By submission of a proposal, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database at the time an offer is submitted, during performance, and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the aformentioned time frames, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror (refer to clause FAR 52.204-7 System for Award Management (SAM).
(b)(10) Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products that are similar to those listed in this solicitation.
Offerors should notify references that DeCA will contact them to complete past performance surveys and that they should respond promptly. Provide by email, the following information for each reference to Jonathan Castro, jonathan.castro@deca.mil and include the following information for each reference:
1. Delivery Period.
2. Company Name and Address
3. Point of Contact Name and Title
4. Phone Number
5. Facsimile Number
6. E-Mail Address
7. Description of Product(s) Delivered
The references will be asked to provide information on your company’s past performance with regards to timeliness of delivery, quality of products, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.
Past performance references are due 7 days prior to the closing date of the solicitation.
(c) Period of Acceptance of Proposals: The period for acceptance of proposals is 90 days. In the event discussions are held, the offeror agrees to hold the prices in its offer, firm for 90 calendar days from the date specified for the submission of final proposal revisions.
Be advised that this solicitation will result in one requirements-type contract where quantities are estimates. See FAR 52.216-21, REQUIREMENTS, (OCT 1995) for more details.
(End of Provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical Acceptablility of Product
2. Past Performance
(a) Timeliness
(b) Quality of Products
(c) Management for Business Relations
3. Price
Award will be made to the lowest-priced technically acceptable offer. Offerors will be determined to be technically acceptable if their proposed product complies with the Commissary Equipment Description, (CED) requirements and by receiving at least an acceptable rating for each past performance sub-factor. For the proposed product to be acceptable, the offeror’s product must meet or exceed the stated general and operational characteristics. Total evaluated price will be determined by applying each offeror’s unit price to the estimated quantity per Sub-CLIN, and totaling each CLIN for a total evaluated price, for the base and four option periods. Only one award is possible.
The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based upon absolute standards of acceptable performance, but an offeror’s overall past performance history. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern for customer satisfaction, and timely delivery of quality goods. This determination is a matter of judgment.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"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 least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided…
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