M6700124Q1123 SOI Solicitation.pdf
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- Attached to
- PORTABLE TOILETS AND HANDWASHING STATION RENTAL
- Solicitation number
- M6700124Q1123
- Issued by
-
United States Marine Corps
About this file
This document is a solicitation for a one-year contract to provide rental and servicing of 168 portable toilets and 8 hand washing stations to support Marine Corps training at Camp Lejeune, North Carolina. The solicitation requires the contractor to deliver, set up, service, and remove the equipment as specified in the Performance Work Statement.
The solicitation has an offer due date of June 26, 2024 and will be awarded based on price alone. The estimated value is not provided. The contract will be awarded as a small business set-aside, with a NAICS code of 562991 and a size standard of $9,000,000. Offerors must submit a capability statement demonstrating their ability to meet the requirements, as well as clear pricing for the monthly rental and service of the specified equipment quantities. The government will evaluate performance through a Quality Assurance Surveillance Plan.
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SEE ADDENDUM
(No Collect Calls)
M6700124Q1123 14-Jun-2024
b. TELEPHONE NUMBER
910-450-5404
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 26 Jun 2024
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.
M670019. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JOHN E. REESE
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
M930554543301
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 OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
M67001MARINE CORPS FIELD CONTRACTING SYS
ATTN: JOHN REESE
PO BOX 8368
CAMP LEJEUNE NC 28547-8368
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 M93055 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
M93055
KEVIN MCCOY
SCHOOL OF INFANTRY - EAST
BLDG G484
P.O. BOX 20161
CAMP LEJEUNE NC 28542
TEL: 910-449-2123 FAX:
FAX:
TEL: 910 451-9197 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$9,000,000
NAICS:
562991
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 OF45
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.
M6700124Q1123
Section SF 1449 - CONTINUATION SHEET
NOTICE OF OFFERORS
SUBMISSION OF QUOTES: Quotes may be submitted via email (no larger than 2MB) to john.reese@usmc.mil; (PREFERRED METHOD) or via hand delivery/courier to Contracting Department, Bldg.
316 “G” Street Camp Lejeune, NC 28542. It is solely the Offeror’s responsibility to ensure quotes are submitted in accordance with FAR provision 52.212-1 including its addenda, and received within the required timeframe. All quotes, if timely received, will be considered for award. The information submitted shall be clear and legible.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2,016 Each Rental of Portable Toilets
FFP
Provide 168 Portable Toilets with service three times a week on Monday, Wednesday and Friday at various locations in accordance with the Performance Work Statement (PWS).
Quantity and Unit Price Explanation:
168 Portable Toilets X 12 Months = 2016 Each
Contractor will invoice for 168 Portable Toilets Monthly:
$_____________ per Each Portable Toilet X 168 = $ _____________ per Month
FOB: Destination
PURCHASE REQUEST NUMBER: M930554543301
PSC CD: W085
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 96 Each Rental of Portable Hand Washing Stations
FFP
Provide 8 Portable Hand Washing Stations with service three times a week Monday, Wednesday and Friday at various locations in accordance with the Performance Work Statement (PWS).
Quantity and Unit Price Explanation:
8 Hand Washing Stations X 12 Months = 96 Each
Contractor will Invoice for 8 Hand Washing Stations Monthly:
$____________ per Each Hand Washing Station X 8 = $ ___________ per Month
FOB: Destination
PURCHASE REQUEST NUMBER: M930554543301
PSC CD: W085
NET AMT
PERFORMANCE WORK STATEMENT
Performance Work Statement for Portable Toilet and Hand Washing Station Services
1.0 BACKGROUND – The School of Infantry (SOI), Marine Corps Base (MCB) Camp Lejeune, NC has a requirement for the rental and servicing of portable toilets and hand washing stations to support Marines training aboard the installation. Services include delivery to site, setup for operation, servicing as required by the contract, and removal at the end of the period of performance.
2.0 LOCATIONS – Portable Toilets and Hand Washing Stations shall be located aboard Camp Lejeune, NC in the following listed areas [see below table].
SOI-E PORTABLE TOILET LOCATIONS
LINE LOCATION NUMBER OF TOILETS
Devil
Camp Devil Dog – Thunder Dome 34.68925, -77.45581 8
Town Combat Town 34.610604, -77.302106 4
Camp
Graduation area - Camp Geiger 34.726724, -77.457878 8
4 210 HWY 210 - L5 34.59658, -77.46941 10
5 K506 34.64405, -77.38947 6
6 K509 34.643420, -77.378703 4
MOU
LEJEUNE MOUT 34.663139, -77.247861 2
8 SR-12 34.546474, -77.573547 4
9 SR-6 34.61352, -77.48734 10
10 SR-7 34.646528, -77.483667 2
11 SR-8 34.605028, -77.508472 1
12 SR-9 34.629694, -77.599972 3
TOW
Steel Tower 34.643944, -77.435889 4
Drop
Tear Drop 34.68645, -77.247861 4
15 Verona Loop - K402 34.63388, -77.42487 8
Loop Verona Loop - K501 34.644539, -77.412564 4
Loop
Verona Loop - K503A 34.64355, -77.40351 5
Loop Verona Loop - K508 34.64402, -77.38509 4
Loop
Verona Loop - METT T Road 34.68125, -77.45963 3
Loop Verona Loop - METT T Road / Nav Inter 34.68321, -77.46532 3
Loop
Verona Loop - METT T Road / Powerline 34.67897, -77.45964 1
Loop Verona Loop – TLZ Eagle 34.688528, -77.416278 3
23 VL1 34.633167, -77.425806 4
24 VL3 34.64488, -77.41296 4
25 VL5 34.64568, -77.400089 4
26 VL6 34.644717, -77.379797 10
27 G19 34.627025, -77.292850 4
28 G27 34.627137, -77.233765 4
29 K503 34.64364 - 77.40721 10
30 Armory 34.73352 - 77.45471 4
31 F2 34.706936, -77.283419 5
32 LZ Blue Bird 34.55544, -77.32279 3
33 LZ Falcon 34.58216, -77.27786 3
34 LZ Hawk 34.60953, -77.29322 3
35 LZ Turkey 34.59902, -77.49789 3
36 GSRA Fob 34.62151, -77.48502 3
37 G29 34.65921, -77.28835 3
TOTAL 168
SOI-E Portable Handwashing Stations Rental and Service
Line Location Number of Handwashing Stations 1 Camp Geiger chow hall at G64 E Street 8
TOTAL 8
2.1 DELIVERY OF PORTABLE TOILETS AND HAND WASHING STATIONS– Delivery and contact shall be made during normal working hours of 7:30am - 3:30pm, Monday through Friday, excluding Government holidays.
The Contractor shall contact the Contracting Officer’s Representative (COR) in paragraph 5.2 of the performance work statement (PWS) 24 hours prior to delivering toilets and hand washing stations. On the day of delivery, the COR shall arrange for a representative to escort the contractor to the exact delivery sites for initial placement of the toilets and hand washing stations.
Roads in the Camp Lejeune training areas are hard packed secondary roads. At no point will the contractor deviate from any road. Due to road conditions in the training areas, no vehicles larger than a 24ft Stake Bed Truck are authorized.
3.0 REQUIREMENTS – The contractor shall provide all qualified personnel, supervision, supplies, materials, equipment, tools, and transportation necessary to provide portable toilets, hand washing stations, and cleaning services in accordance with this PWS. Performance shall be in accordance with contract specifications, current Federal, State and Local laws, ordinances, and regulations.
Rental and servicing of portable toilets and hand washing stations shall include delivery to site, setup for operation, servicing, and removal as required by the PWS.
3.1 TOILETS – The toilets shall have no open spaces, crevices, or any other hard to clean features within the toilet. The floor shall be provided with suitable anti-skid protection. If the anti-skid device is removable, it shall be easily replaceable. Materials used for construction of toilets shall be corrosion resistant and withstand temperatures from -25 degrees Fahrenheit to +120 degrees Fahrenheit. The toilet’s interior finish shall facilitate cleaning and be impervious to the absorption of chemical and waste derivatives.
3.2 HAND WASHING STATIONS – A device capable of dispensing clean potable water via a spout with a soap dispenser and sink with drainage into a waste tank. The hand washing station will come with paper towels and a paper towel dispenser.
3.3 HARDWARE – All hardware, including latches, chains, locks and hinges shall be made from corrosion resisting steel, brass, or carbon steel. If made from carbon steel, it shall be zinc, cadmium or chrome plated. Metals shall be selected for similarity to reduce or inhibit electrolytic corrosion. An outside hasp assembly shall be provided.
3.4 SKIDS AND TANK UNDER GUARD – All toilets and hand washing stations shall be securely mounted on skids.
3.5 TANK INTERIOR - Surface shall be resistive to chemical and waste corrosion and impervious to the absorption of waste and chemical derivatives.
3.6 TANK VENTING – Tanks shall be vented to the outside having minimum vented area of 12.5 square inches which is a circle approximately 4 inches in diameter.
3.7 TANK CAPACITY – Tank capacity shall have a minimum of 40 gallons.
3.8 SEAT – Seat shall have a smooth surface that resists burning and corrosion.
3.9 TISSUE DISPENSER AND TISSUE – A minimum two-roll toilet tissue dispenser shall be provided. The dispenser shall be contrasted to prevent “free reeling” of the toilet tissue and shall be refilled to capacity at each servicing.
3.10 HAND SANITIZER DISPENSER – A hand sanitizing dispenser shall be provided and attached to the interior of each portable toilet. The dispenser shall be constructed in such a manner as to dispense measured quantities of hand sanitizer and shall be refilled to capacity at each servicing.
3.11 TOILET AND HAND WASHING STATION IDENTIFICATION – All toilets and hand washing stations shall have affixed to the exterior, the Contractor’s name, a unique serial number and the contractor’s telephone number. The information shall be a minimum of three (3) inches in height, and clearly visible always.
3.12 SERVICING – The contractor will have access to the site to perform routine service during the normal working hours of 7:30am - 3:30pm, Monday through Friday, excluding Government holidays. For questions or issues pertaining to site access for service performance, the contractor will contact the COR in paragraph 5.2 of the PWS during normal working hours.
All units shall be serviced on Monday, Wednesday, and Friday for the duration of the period of performance.
Services shall include the complete removal of all waste, debris, and other contaminants from waste tanks, seats, doors, floors, and other exposed interior and exterior surfaces, to include washing, sweeping, dusting, moping, and applying a commercial grade cleaner and disinfectant to interior surfaces.
Waste tanks shall be recharged with enough chemical to ensure an odorless unit. The Contractor shall take extreme care to prevent any spillage of the waste tank contents. In the event a spillage does occur, the Contractor shall thoroughly clean the entire area contaminated by the spill, in accordance with Occupational Safety and Health Administration (OSHA), Base Health and Safety, and current Federal, State and Local laws, ordinances, and regulations.
The Contractor shall replenish potable water, soap, paper towels, toilet paper, and hand sanitizer at each service to ensure they are filled.
3.13 WORK SITE – Upon completion of all services, the contractor shall remove all parts, debris, trash, waste, or any other materials resulting from work under this contract at their expense. In the event the contractor encounters any discrepancies at the work sites, the contractor shall immediately report the findings to the COR.
3.14 WASTE DISPOSAL – The Contractor shall supply and dispose of all chemicals or substances used in the sanitary treatment of toilet waste. Toilets and hand washing stations shall be maintained in a sanitary condition, with the collected waste being treated and disposed of in compliance with all applicable Federal State, and Local laws, ordinance and regulations. All Waste must be disposed of
OFF BASE.
3.15 REMOVAL OF CONTAMINATION – In the event the contractor contaminates Government property while performing contract services, the contractor shall remove all contamination at their expense, prior to leaving the area.
3.16 REMOVAL OF PORTABLE TOILETS AND HAND WASHING STATIONS – The contractor shall remove all toilets and hand washing stations as required by the contract and at the end of the period of performance.
The contractor shall remove all portable toilets and hand washing stations within five (5) days of completion of the contract.
4.0 CONTRACTOR 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 CONTRACT ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.
5.0 GOVERNMENT POINTS OF CONTACT – The Government points of contact are not warranted Contracting Officers and do not have the authority to take any action, either directly or indirectly, that would change the pricing, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract.
5.1 Contract Administrator: John Reese
Phone: (910) 450-5404 eMail: john.reese@usmc.mil
5.2 Contracting Officer’s Representative: Provided at Time of Award
6.0 GOVERNMENT RESPONSIBILITIES – The Government agrees to provide the vendor access to the work site for delivery and servicing between the normal working hours of 7:30am - 3:30pm, Monday through Friday, excluding Government holidays. Requested services outside these hours is subject to contracting officer approval.
The School of Infantry will be held responsible if the Government loses, damages, or relocates the Contractor’s items/equipment while being utilized by the Government. Government personnel will not repair, service, or move the Contractor’s items/equipment except as: (1) necessary in the event of an immediate hazard to persons or property (e.g.: impending hurricanes, tornadoes, etc.); mutually agreed upon by Contract Administrator and the Contactor.
7.0 QUALITY ASSURANCE – The Government evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards shall be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
Performance Objective
PWS Para. Performance Standard Acceptable quality Level (AQL)/Frequency
Remedy
Portable Toilets and Hand Washing Stations
Servicing of Portable Toilets and Hand Washing Stations
Condition of Work Site
Waste Disposal
3.1 – 3.11
3.12
3.13
3.14 – 3.15
Provide Portable Toilets and Hand Washing Stations per the PWS.
Provide Servicing of Portable Toilets and Hand Washing Stations per the
PWS.
Remove all parts, debris, trash, waste, or any other materials from work site.
Treat and dispose of all waste in compliance with all applicable Federal State, and Local laws, ordinance, and regulations. All Waste must be disposed of
OFF BASE.
100%/Random sampling and customer feedback
100%/ Random
80%/ Random
100%/ Random
Contractor shall replace any equipment not meeting the minimum standards of the
PWS.
Contractor shall re-perform servicing of equipment.
Contractor shall immediately remove all debris, trash, waste, materials at their expense.
Contractor shall immediately remove all contamination at their expense
8.0 BASE ACCESS INSTRUCTIONS FOR MARINE CORPS BASE CAMP LEJEUNE AND
MARINE CORPS AIR STATION NEW RIVER
-Contractors and/or Delivery drivers must have in their possession: their contract number, delivery address, and sponsor’s contact information to gain initial access to the base. For services the Contracting Officer’s Representative (COR) is the sponsor, for supply deliveries the customer/delivery point of contact is the sponsor.
Contract Number: Provided at Time of Award Sponsor/COR:
Delivery Address:
-Contractors must be registered in the Defense Biometrics Identification System (DBIDS). It is the Contractor’s responsibility to ensure all their employees and or subcontractors are properly registered within DBIDS.
-DBIDS credentials will be valid for the duration of your contract, not to exceed three years; however, re-vetting of individuals' information will occur each year.
-Contractors requiring access for over 60 days will receive a credential valid for up to one year.
-Contractors requiring access for less than 60 days will receive a temporary paper pass.
-Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC's are exempt from DBIDS enrollment.
-If you have questions regarding base access, Contractor CAC or DBIDS requirements contact the Contractor Vetting Office at 910-451-0283/0284/0285.
**The Government will not be responsible for any contractor access delays. Delays that may result from inadequate planning are strictly the responsibility of the contractor.
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 DoL Wage Determination
2015-4389 May 26
15-MAY-2024
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 14-JUL-2024 TO
13-JUL-2025
N/A M93055
KEVIN MCCOY
SCHOOL OF INFANTRY - EAST
BLDG G484
P.O. BOX 20161
CAMP LEJEUNE NC 28542
910-449-2123 FOB: Destination
M93055
0002 POP 14-JUL-2024 TO
13-JUL-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination M93055
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 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
ADDENDA TO FAR 52.212-1
Addendum to paragraph (b)(4):
The offeror shall submit with their offer:
Technical Capability:
The vendor shall provide a capability statement/performance plan that demonstrates their ability to provide the required service in the solicitation. The vendor should address their experience providing this type of service, equipment supplied, and any other relevant information.
Delivery Information:
Clearly state if the offeror can meet the required period of performance as stated in each line item. Offerors who cannot meet the required period of performance will not be considered for award.
Addendum to paragraph (b)(6):
The offeror shall submit with their offer:
Price:
The price offered must reflect unit prices, extended amounts per line item, and overall total. (Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government.)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
52.219-1 Alt I Small Business Program Representations (FEB 2024) Alternate I
FEB 2024
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid - Representation (DEVIATION 2022-O0010)
SEP 2022
252.223-7998 (Dev) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid
(DEVIATION 2022-O0010)
SEP 2022
252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JAN 2023
252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.
(Deviation 2021-O0003)
APR 2021
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
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 Products and Commercial Services. 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)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote 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:
BASIS OF AWARD: Award will be based on price alone.
This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services, and FAR Part 13, Simplified Acquisition Procedures.
(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 PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, 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 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled 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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(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 Products and Commercial Services, 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(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) SDVOSB 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 that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) 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.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern).
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