M00264-20-Q-0099 Cable Internet.pdf
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- Cable Television & Internet Federal contract opportunity
- Solicitation number
- M00264-20-Q-0099
- Issued by
- United States Marine Corps
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SEE ADDENDUM
(No Collect Calls)
M0026420Q0099 23-Apr-2020
b. TELEPHONE NUMBER
(301) 744-1087
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 28 Apr 2020
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.
M002649. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ERIC J. VONREICHENBACH
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
M2036420SUM8KUQ
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
RCO-NCR, MCB QUANTICO
2010 HENDERSON RD.
QUANTICO VA 22134
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 M20364 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CBIRF
3399 STRAUSS AVE, SUITE 219.
INDIAN HEAD MD 20640
ATTN SUPPLY
TEL: 301 744-2038 FAX:
703-784-3592FAX:
TEL: 703-784-5260 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$41,500,000
NAICS:
515210
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 OF38
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.
M0026420Q0099
Section SF 1449 - CONTINUATION SHEET
FAR 52.212-1 ADDENDUM: INSTRUCTIONS TO QUOTERS--COMMERCIAL ITEMS
GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement for cable television and internet services. In accordance with FAR Part 12 and 13, the MCI-NCR Regional Contracting Office is issuing a solicitation for the acquisition of such supply. Required specifications are listed in Schedule of Supplies/Services within this solicitation.
PROCUREMENT APPROACH: The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price award will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement.
PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7006.
REQUIRED DELIVERY/PERIOD OF PERFORMANCE: The Government requires a twelve month base period, with provisions for four (4) twelve-month option periods. The base period of performance shall start on or around 1 May 2020 and run through 30 April 2021. If all Options are exercised (at the discretion of the Government), the period of performance will be broken down as follows:
Base Period 01 May 2020 – 30 April 2021 Option Period One 01 May 2021 – 30 April 2022 Option Period Two 01 May 2022 – 30 April 2023 Option Period Three 01 May 2023 – 30 April 2024 Option Period Four 01 May 2024 – 30 April 2025
The Government intends to make a single award Firm Fixed Price (FFP) award with FFP CLINs for one, (1) twelve-month base period, plus four (4), twelve (12) month option periods, to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). The Government makes no guarantee that the option periods will be exercised. It will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the award.
Note: Vendor will not be paid in advance for the four (4) twelve-month Option Periods. Due to fiscal law, the Government is prohibited from paying in advance and obligating for more than 12 months. As a result, the twelve-month Option periods are not guaranteed and the Government may choose not to exercise the Options for any reason. Additionally, the established prices at award cannot be changed post-award. The successful quoter will not be able to request an increase to price after award has been made. If quoters have identified that the manufacturer will not allow resellers to quote Options, quoters shall notify the contract specialist immediately during the solicitation phase, so that an Amendment may be issued removing the Option Periods.
TECHNICAL COMPLIANCE: To ensure technical compliance:
a. The quoter must provide detailed quote to demonstrate meeting the required cable and internet services. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.
b. Clearly state whether the quoter can meet the required period of performance. Vendors who cannot meet the required period of performance timeframe will not be considered technically acceptable.
c. Quoter(s) must complete and return the FAR 52.204-24 with one of the two options selected.
SUBMISSION OF QUOTES. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Quotes shall be submitted electronically via electronic mail (e-mail) to SSgt Vonreich at eric.vonreichenbach@usmc.mil. Vendors are responsible for ensuring their quotes have been received by the Contract Specialist, via email by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.
CONFIDENTIAL INFORMATION: The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes/proposals submitted to federal agencies. If a Quoter’s submissions contain information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” (5 USC 552(b)(4)), the Quoter should mark its submissions in the following manner:
The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) _______.”
52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS
EVALUATION. The award basis will be based on technical and price. The Government intends to make a single Firm Fixed Price award to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.
The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.
The following ratings/definitions will be utilized:
RATING DEFINITION
Acceptable Quote meets the requirements of the solicitation.
Unacceptable Quote does not meet the requirements of the solicitation.
The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.
PRICING. The price quote should avoid ambiguities of inclusion, exclusion, or content. Quoters shall provide pricing for a period of twelve months, with provisions for four (4) twelve-month option periods. The Government intends to make a single award Firm Fixed Price (FFP) award with FFP CLINs for one, (1) twelve-month base period, plus four (4), twelve (12) month option periods, to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). The prices for all option items will be evaluated in accordance with FAR 52.217-5, Evaluation of Options. The Government makes no guarantee that the option periods will be exercised. It will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the award.
The Government will evaluate Quoter’s quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques defined in FAR as appropriate.
Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements.
Normally, adequate price competition establishes a fair and reasonable price.
Completeness and Accuracy. The Government will review the pricing tables for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables.
The Quoter’s quote will be checked for mathematical correctness to include the following:
1) Checking arithmetic in all computations; and
2) Ensuring all prices are summarized correctly
(End of provision)
STATEMENT OF WORK
STATEMENT OF WORK
GENERAL: The Chemical Biological Incident Response Force in Indian Head, MD requires cable television and internet services to keep updated on daily news which is requiredf to maintain the proper operation and situational awareness of the Nation.
SCOPE: Vendor to provide commercial television programing services and commercial internet services for Chemical Biological Incident Response Force at Naval Support Facility Indian Head, Maryland with standard professional installation. Television package shall include all major news sources, including CNBC, CNN, C- SPAN, Fox News, MSNBC, Al Jazeera, and BBC World News in high definition.
Internet package shall be capable of minimum speeds of 20 Megabits Per Second (Mbps) download speed and 5 Mbps upload speed.
PERIOD OF PERFORMANCE: The Government requires a twelve month base period, with provisions for four
(4) twelve-month option periods. The base period of performance shall start on or around 1 May 2020 and run through 30 April 2021. If all Options are exercised (at the discretion of the Government), the period of performance will be broken down as follows:
Base Period 01 May 2020 – 30 April 2021 Option Period One 01 May 2021 – 30 April 2022 Option Period Two 01 May 2022 – 30 April 2023 Option Period Three 01 May 2023 – 30 April 2024 Option Period Four 01 May 2024 – 30 April 2025
The Government makes no guarantee that the option periods will be exercised. It will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the award.
Note: Vendor will not be paid in advance for the four (4) twelve-month Option Periods. Due to fiscal law, the Government is prohibited from paying in advance and obligating for more than 12 months. As a result, the twelve-month Option periods are not guaranteed and the Government may choose not to exercise the Options for any reason. Additionally, the established prices at award cannot be changed post-award.
EQUIPMENT:
Equipment for commercial Television:
Building 901 Building D61 (EOD) Building 2083 (Downy) Building 700 Rm 113 (OOD) Rm 5 Rm 204 Rm 208 Rm 207 (XO) Rm 208 Rm 206 Rm 201 (CO) Rm 204 (SgtMaj) Rm 238 (S1 Office) Rm 208 (Adj. Office) Rm 227 Rm 216 Rm 213 Rm 231 Rm 232 Rm 127 Rm 129A Rm 220 Rm BAR Rm 120 Rm 117 Rm 133 Rm 233 Rm 114 Rm Chow Hall Rm 235
Equipment for commercial Internet:
Building 901 Building 2083 Rm 231 (S2) Rm 204 Rm 231 (S3) Rm 214 Rm 133 Rm 233 Rm 206
REQUIRED CALBE AND INTERNET SERVICES:
Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700 - 1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
Equipment Repair/Troubleshooting: The contractor shall provide an emergency contact number that is available twenty-four (24) hours a day, seven (7) days a week for equipment troubleshooting and repair. The contractor shall provide a one (1) hour telephone response time to troubleshoot the system over the phone. If they are unable to resolve the system issues over the phone, the contractor shall be required to provide a technician on-site within forty-eight (48) hours. Resolution of the problem will be within forty-eight (48) hours following receipt of the service call, notwithstanding extraordinary circumstances.
Repairs to equipment are to be done on site, or the defective item will be temporarily replaced with provider owned equipment.
If a piece of equipment needs to be repaired at an offsite location the provider will remove the equipment and sign appropriate documentation to track temporary custody of the item.
Contractor’s Unauthorized Work Performance: The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without approval of the CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.
INVOICING: Pre-payment of services/supplies is prohibited. Cable television and internet services shall be paid in arrears, on a monthly basis, after services have been received.
POINTS OF CONTACT:
Contract Specialist SSgt V Phone:
Email:
Contracting Officer Monica Curley
(703) 432-1668 Email: monica.curley@usmc.mil
WAWF Acceptor:
TO BE PROVIDED AT TIME OF AWARD
Customer / End User:
TO BE PROVIDED AT TIME OF AWARD
BASE ACCESS
FOR ALL CONTRACTORS
Base Access: All contractors entering Marine Corps Base Quantico are required to follow the installation’s base access instructions.
Base Access - Defense Biometric Identification System (DBIDS) Frequently Asked Questions
Where do I register for DBIDS?
Individuals must pre-enroll, go to https://dbids-global.dmdc.mil/enroll#!/ and complete the registration process (PMO bldg. 2043 or at the Commercial Vehicle Inspection Lot near the MCCS Outdoor Adventures Center and Game Check Station) within 30 Days. Print out the online confirmation and bring to the base to complete the process.
To complete your DBIDS processing and receive your DBIDS credential, visit the MCB Quantico Commercial Vehicle Inspection (CVI) Lot or the Provost Marshal's Office bldg. 2043. Please allow 10 days from your online pre-registration date for Processing of your information, and bring your pre-registration confirmation printout.
Does everyone in a vehicle need to be registered in DBIDS?
All individuals requiring routine access to the installation will need to register.
What happens if I don't pre-enroll?
Pre-enrollment helps to expedite the processing time before checking in at the Provost Marshal's Office or CVI-Lot.
There will be additional delays if the pre-enrollment is not completed in advance.
How long does registration take?
Registration times will vary. If you complete pre-enrollment before coming to Quantico, registration should only take a few minutes.
If I have a DBIDS card at another base, do I need to register again for Quantico?
Yes, go directly to PMO or the CVI Lot with your DBIDS card to receive MCB Quantico permissions.
FOR CONTRACTORS & VENDORS
Base Access Control is intended to process contractors & vendors who conduct official business aboard MCB Quantico at either the MCB Quantico Commercial Vehicle Inspection (CVI) Lot or the Provost Marshal's Office bldg. 2043.
Business Hours: 6:00 a.m. - 3:00 p.m. (Mon-Fri) CLOSED on Saturday/Sunday 703 432-0603 or 703 784-4423 Quantico_DBIDS@usmc.mil
Visit the Quantico Base Access Webpage for all the details: https://www.quantico.marines.mil/Base-Access/.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Commercial Television Services
FFP
Provided in accordance with the Statement of Work (SoW).
FOB: Destination
PURCHASE REQUEST NUMBER: M2036420SUM8KUQ
PSC CD: D322
NET AMT
0002 12 Months Commercial Internet
FFP
Provided in accordance with the Statement of Work (SoW).
FOB: Destination
0003 1 Each Installation and setup
FFP
Provided in accordance with the Statement of Work (SoW).
1001 12 Months OPTION Commercial Television Services
FFP
Provided in accordance with the Statement of Work (SoW).
1002 12 Months OPTION Commercial Internet
FFP
Provided in accordance with the Statement of Work (SoW).
2001 12 Months OPTION Commercial Television Services
FFP
Provided in accordance with the Statement of Work (SoW).
2002 12 Months OPTION Commercial Internet
FFP
Provided in accordance with the Statement of Work (SoW).
3001 12 Months OPTION Commercial Television Services
FFP
Provided in accordance with the Statement of Work (SoW).
3002 12 Months OPTION Commercial Internet
FFP
Provided in accordance with the Statement of Work (SoW).
4001 12 Months OPTION Commercial Television Services
FFP
Provided in accordance with the Statement of Work (SoW).
4002 12 Months OPTION Commercial Internet
FFP
Provided in accordance with the Statement of Work (SoW).
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A Government
2002 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAY-2020 TO
30-APR-2021
N/A CBIRF
3399 STRAUSS AVE, SUITE 219.
INDIAN HEAD MD 20640
ATTN SUPPLY
301 744-2038
M20364
0002 POP 01-MAY-2020 TO
30-APR-2021
N/A (SAME AS PREVIOUS LOCATION)
0003 01-MAY-2020 1 (SAME AS PREVIOUS LOCATION)
1001 POP 01-MAY-2021 TO
30-APR-2022
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-MAY-2021 TO
30-APR-2022
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-MAY-2022 TO
30-APR-2023
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-MAY-2022 TO
30-APR-2023
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-MAY-2023 TO
30-APR-2024
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-MAY-2023 TO
30-APR-2024
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-MAY-2024 TO
30-APR-2025
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-MAY-2024 TO
30-APR-2025
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.247-34 F.O.B. Destination NOV 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. 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. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(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) Representation. The Offeror represents that 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.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, 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).
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision—
“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
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”—
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 veteransor, 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 with13 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 at13 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 CFR124.104(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 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.
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 least51 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.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is,
□ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.
[The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance.
The offeror represents that-
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ] has, [ ] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It [ ] has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).
(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”
(2) Foreign End Products: Line Item No. Country of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products: Line Item No. Country of Origin
[List as necessary
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.”
The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products: Line Item No. Country of Origin
[List as necessary
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Canadian End Products: Line Item No.
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Canadian or Israeli End Products:
Line Item No. Country of Origin [List as necessary
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[List as necessary
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of…
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