D1_-_Solicitation_M67861-19-Q-0035.pdf

SEE ADDENDUM

(No Collect Calls)

M6786119Q0035 13-Sep-2019

b. TELEPHONE NUMBER

504-697-9027

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 19 Sep 2019

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.

M678619. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEPHANIE M. MBELU

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

M2638119SUGSXDQ

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

MARFORRES REGIONAL CONTRACTING OFFICE

MFR RCO

2000 OPELOUSAS AVE

NEW ORLEANS LA 70114

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 M26381 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MARINE FORCES RESERVE BAND

SSGT FRANKLIN T SMITH III

2000 OPELOUSAS AVENUE

NEW ORLEANS LA 70146-5400

TEL: 504-697-7828 FAX:

FAX:

TEL: 504-697-8357 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

339992

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 OF49

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.

M6786119Q0035

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each Compensating Euphonium Regular

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

PURCHASE REQUEST NUMBER: M2638119SUGSXDQ

PSC CD: 7710

NET AMT

0002 5 Each Bb Cornet

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0003 3 Each Bb Clarinet

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0004 4 Each Brass BBb Sousaphone

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0005 1 Each Low C Bass Clarinet

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0006 2 Each Professional Piccolo Traditional Headjoint

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0007 3 Each Bb Trumpet

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0008 3 Each Tenor Saxophone Lacquered

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0009 5 Each Alto Saxophone Regular Lacquer

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0010 3 Each Professional Baritone Saxophone Regular

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0011 1 Each Bb Trumpet Regular Gold Lacquer

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0012 1 Each Bb Trumpet Silver Plated

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

0013 3 Each Professional Bb Clarinet

FFP

IAW salient characteristics.

FOB: Destination

MILSTRIP: M2638119SUGSXDQ

SALIENT CHARACTERISTICS

CLIN 0001: Compensating Euphonium Regular

Reference manufacturer: Wilson 2950S Series Compensating Regular Item shall have approximately the following characteristics:

o Key Bb o Bore .640 - .680 inch graduated bore o Bell 12.25 inch o Bell Material Yellow Brass o Valves Stainless Steel Piston o Number of Valves 4 o Valve Position Tradional 3 Top + 1 Side o System Compensating o Valve Spring Silencer System o Weight 10 Ibs 2 oz

CLIN 0002: Bb Cornet Lacquer Reference manufacturer: Besson BE2028 Prestige Series Bb Cornet Item shall have approximately the following characteristics:

o Key Bb o Bore .470 inch o Leadpipe Standard o Leadpipe material Yellow Brass o Bell 5 inch o Valves Monel Piston o 3rd Valve Slide Adjustment trigger o Main Tuning Slide Trigger o Shepards Crook Design o Dual Point valve guides o Finish lacquer

CLIN 0003: Bb Clarinet Reference manufacturer: Buffet Crampon Prestige R13 Bb Item shall have approximately the following characteristics:

o Key Bb o Pitch 440Hz o Body natural African balckwood o Bore poly-cylindrical according to the Buffet Crampon mehtod o Bell special prestige bore o Tenons metal- capped o Keys 18 o Rings 6 o Adjustable thumb rest o Eb lever included o Keywork finish silver plated o Forged keys o Copper plated then silver plated with buffet Crampon method o Blue steel springs

CLIN 0004: BBb Sousaphone 20KSPW Siver Plated with case Reference manufacturer: Conn 20K Sousaphone 20KSPW Item shall have approximately the following characteristics:

o Key BBb o Weight 28 Ibs o Bore .734 inch o Bell Material Brass o Body Material Brass o Valves Monel Piston o Number of valves 3 o Valve Position front action piston o Valve material nickel o Finish Silver

CLIN 0005: Low C Bass Clarinet Reference manufacturer: Buffet 1193 Prestige Low C Clarinet Item shall have approximately the following characteristics:

o Key Bb o Artisan Level o Low Range C o Two part neck o Body Material High quality unstained Grenadilla o Key plating power forged silver o Eb/Ab lever, low G resonance, double and triple D spatula o Undercut tone holes

CLIN 0006: Professional Piccolo Traditional Headjoint Reference manufacturer: Yamaha YPC-81 Piccolo traditional headjoint Item shall have approximately the following characteristics:

o Body Grenadilla Wood o Conical bore o Headjoint granadilla wood o Headjoint traditional o Keys silver plated o Split E mechanism

CLIN 0007: Bb Trumpet Reference manufacturer: Yamaha YTR-9335CHS Xeno Trumpet Item shall have approximately the following characteristics:

o Key Bb o Body Finish silver plated o Weight heavy o Bell diameter .123mm (4-7/8”) o Bore size 11.65mm (0.459”)

CLIN 0008: Tenor Saxophone Lacquered Reference manufacturer: Yamaha YTS-82ZII Lacquered Item shall have approximately the following characteristics:

o Key Bb o Auxilary Keys High F# and front F o Key button material mother of pearl o Bell decoration hand engraved o Adjustable thumb hook

CLIN 0009: Alto Saxophone Regular Lacquer Reference manufacturer: YAS-875EXII Alto Saxophone regular lacquer Item shall have approximately the following characteristics:

o Auxilary Keys High F# and front F o Key Eb o Key button material mother of pearl o Bell decoration hand engraved o Adjustable thumb hook o Regular Lacquer

CLIN 00010: Professional Baritone Saxophone Regular Reference manufacturer: YAS-875EXII Alto Saxophone regular lacquer Item shall have approximately the following characteristics:

o Key Eb o Low A o Rocker style low Bb mechanism o High F# key front F key o One piece annealed and engraved bell o Mother of pearl key pearls o Key button material mother of pearl o Adjustable thumb hook o Gold epoxy lacquer finish

CLIN 00011: Bb Trumpet Regular Gold Lacquer Reference manufacturer: YTR-8310ZII Trumpet Gold Lacquer Item shall have approximately the following characteristics:

o Key Bb o Bell material one piece yellow brass o Bell diameter 127mm (5”) o Bore size 11.3mm (0.445”) o Weight Light o Finish gold lacquer

CLIN 00012: Bb Trumpet Silver Plated Reference manufacturer: YTR-8310ZII Trumpet Silver Plated Item shall have approximately the following characteristics:

o Key Bb o Bell material one piece yellow brass o Bell diameter 127mm (5”) o Bore size 11.3mm (0.445”) o Weight Light o Finish Silver Plated

CLIN 00013: Bb Clarinet with Nickel Plated Keys Reference manufacturer: Buffet Crampon R13 Greenline Professional Bb Item shall have approximately the following characteristics:

o Professional level o Key Bb o Barrel, Body, and Bell material Greenline(95% granadilla powder, 5% polycarbonate fiber and exoxy resin o Keys Nickel Plated o Key System Boehm (French) 17 keys o Tone holes undercut o Bore Shape polycylindrical o Bore Size .574: (14.58mm) o Barrel 66mm cylindrical o Pads double fish skin o Blue steel springs

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 3 MARINE FORCES RESERVE BAND

SSGT FRANKLIN T SMITH III

2000 OPELOUSAS AVENUE

NEW ORLEANS LA 70146-5400

504-697-7828 FOB: Destination

M26381

0002 90 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0005 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 90 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0007 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0008 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0009 90 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0010 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0011 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0012 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0013 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

SOLICITATION INSTRUCTIONS (any numbered notes that appear to be missing are not applicable to this solicitation)

2 Brand Name or Equal Product: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures or FAR 13.5 procedures for a firm-fixed price contract for the purchase of musical instruments. All responses to this solicitation should indicate whether the firm is quoting an equal product.

Descriptive literature is required with all quotes for equal products. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation. Firms quoting "equal" items should provide the make, model, description of the items and product literature/brochures. This agency will not be responsible for locating or obtaining any information not included on the face of the quote or a hardcopy attachment to the quote in a response to this solicitation.

6 Small Business Set-aside: See block 10.

7 Market Research: Market research conducted revealed that there is a reasonable expectation of obtaining two or more quotes from small business concerns. FAR Part 19.502-2 (a) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not over $250,000 is automatically reserved exclusively for small business concerns and should be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining quotes from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. Marine Forces Reserve Small Business Program Deputy Director concurs with this action.

QUOTATION REQUIREMENTS:

8 Submit bid response packages electronically via upload to FBO only. All bids should include an overall total price in addition to individual pricing by contract line item (CLIN). If technical issues arise upon attempting to upload quote in FBO, email the FBO error notice, quote, and any applicable attachments to stephanie.mbelu@usmc.mil and shelley.mentzos@usmc.mil. Emailed/faxed bids will only be considered if FBO error notice is provided and meet the following conditions: emailed quotes may not exceed 5MB in size due to server/network restrictions, multiple emails may be submitted if necessary to ensure timely and complete receipt of your bid, only pdf email attachments are authorized as any other email attachment types may be rejected by this agencies servers.

9 All responsible sources may submit a quotation which, if received in a timely manner, should be considered by the agency.

10 Award will be made to the lowest-priced technically acceptable (LPTA) quote. The Technical Evaluation Template that will be used to evaluate the LPTA bid is incorporated herein for Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.

11 The Government will accept all quotes and if available quotes from Ability One and Federal Prison Industry (FPI) only. All applicable provisions and clauses from the MAS contract flowdown and are applicable to this solicitation and any resulting task/delivery order award.

12 The Government will consider brand name or equal (BN/E) quotes only in response to this solicitation.

13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF Instructions.

14 Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

15 NO PHONE CALLS will be accepted regarding this solicitation. ALL INDUSTRY QUESTIONS shall be sent in writing via email to stephanie.mbelu@usmc.mil and shelley.mentzos@usmc.mil by 12:00 PM, CST, September 16, 2019. This strictly applies to industry questions and NOT an authorized method for bid submittal.

All responses to Industry questions will be posted publicly via a solicitation amendment on FBO.

17 The Contracting Officer reviews Supplier Performance Risk System (SPRS) for supplies less than $1M and Federal Awardee Performance and Integrity Information System (FAPIIS)/Contract Performance Assessment Reporting System (CPARS) for services and for supplies greater than or equal to $1M as part of technical acceptability and responsibility determination purposes.

18 The Government reserves the right to make award solely on initial quotes received on an all or none basis or on a multiple award basis. If a partial award will not be accepted, so state on the face of your bid.

19 Quotes are considered late if not received by the solicitation closing date, time, and time zone. Offerors bear the burden of ensuring that all portions of the quote (and any authorized amendments) are uploaded to FBO before the deadline specified in the solicitation.

21 CAGE code

22 DUNS number

23 Address

24 Point of contact

25 Delivery lead time after receipt of order for supplies and period of performance for services (including information technology manufacturer licensing and support) if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment. For custom-build or long-lead line items include longest anticipated lead time as awardee will be expected to notify awarding agency of late deliveries in advance of delivery date.

26 Prompt payment/discount terms. This will not be used to evaluate quotes.

27 Contract number and expiration date should be included if bidding under a GSA, SEWP or other contract. This should be listed per line item unless the contract vehicle is applicable to all line items.

28 Manufacturer Part Number and Contractor Part Number (if different).

29 Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

41Offerors shall complete the following clauses/attachments/table below: Offerors should complete the following full-text provisions/clauses if included in this solicitation: FAR 52.204-24 for all solicitations. FAR clause(s) can be completed manually within this solicitation document or printed and completed manually by copying and pasting from this link: http://farsite.hill.af.mil/VFFARA.HTM)

43Assignment of Claims – Potential bidders that may need an Assignment of Claims as described in FAR 32.8 (copy/paste link into web browser: http://farsite.hill.af.mil/VFFARA.HTM) should include a statement on bid that "Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation should be submitted with bid or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in bid or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.

42 Solicitation/Contract Line Item Numbers (CLIN) Structure – Potential bidders should submit bids in the same CLIN structure as outlined in the solicitation for bid evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

44 System for Award Management (SAM.gov) – Potential bidders not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award. Registration may take several days to be visible at SAM.gov, therefore, affected bidders should provide proof of registration/date with bid submittal. Contact SAM.gov website points of contact if you need assistance with registration.

(End of Solicitation Numbered Notes)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 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

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

MAR 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 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 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(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) 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) 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)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Acceptability will be evaluated according to the table provided herein to ensure accuracy and compatibility among all required items.

(ii) Price will be evaluated to determine quote fair and reasonable.

(iii) Past Performance will be evaluated to determine responsibility of the offeror to satisfy the requirement.

Technical Acceptability (i) will be the primary evaluating factor for this requirement followed by Price (ii) then Past Performance (iii) in order of precedence.

(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.

CLAUSE(S) 52.212-2 - ADDENDUM TO 52.212-2

1. For supplies less than $1M, past performance will be rated on an "acceptable" or "unacceptable" basis. The apparent successful, prospective contractor must have acceptable past performance. The Supplier Performance Risk

System (SPSR) application (https://www.sprs.csd.disa.mil ) will be used in the evaluation of suppliers' past performance history for the PSC of the supplies being purchased in accordance with DFARS 213.106-2(b)(i). Any contractor with a Supplier Risk Score in the lowest 10% will be rated as 'unacceptable' unless information is so sparse that no meaningful past performance rating can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance.

In the case of an apparent successful, prospective contractor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance.

Therefore, the contractor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" will be considered "Acceptable."

2. Quote will be ranked lowest to highest according to price. The lowest price quote will be forwarded to the requiring activity for technical evaluation (quote will be deemed either technically acceptable or technically unacceptable). If the lowest price quote is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price quote. If the lowest priced quote is determined technically unacceptable, the next lowest priced quote will be sent for technical evaluation and price analysis. This process is repeated in order of price until a quote is deemed technically acceptable, past performance evaluation performed, and price is determined fair and reasonable.

The actual evaluation template is incorporated into this solicitation for bidder reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only.

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY

ACCEPTABILITY DETERMINATION

PR NOMENCLATURE: PR #: Solicitation #:

TECHNICAL ACCEPTABILITY SECTION 1: ENTER COMPANY NAME

*Salient Characteristics [see CLIN descriptions above]

Technically Acceptable

Not Technically Acceptable

Explain in Detail Why Not Technically Acceptable

CLIN 0001: Compensating Euphonium Regular CLIN 0002: Bb Cornet Lacquer CLIN 0003: Bb Clarinet CLIN 0004: BBb Sousaphone 20KSPW Siver Plated with case CLIN 0005: Low C Bass Clarinet CLIN 0006: Professional Piccolo Traditional Headjoint CLIN 0007: Bb Trumpet CLIN 0008: Tenor Saxophone Lacquered CLIN 0009: Alto Saxophone Regular Lacquer CLIN 00010: Professional Baritone Saxophone Regular CLIN 00011: Bb Trumpet Regular Gold Lacquer CLIN 00012: Bb Trumpet Silver Plated CLIN 00013: Bb Clarinet with Nickel Plated Keys

*ITEMS LISTED IN THIS TABLE ARE FOR SAMPLE REFERENCE PURPOSES ONLY AND MAY NOT BE ALL INCLUSIVE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(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.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code 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 (u) 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 to 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 CFR 124.1002.

(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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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.

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(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 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) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade…