M6786122Q0018.pdf

SEE ADDENDUM

(No Collect Calls)

M6786122Q0018 04-Aug-2022

b. TELEPHONE NUMBER

(504) 697-8344

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Aug 2022

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

TAMMY M. DEMILLE

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

M263812108265

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

MARCORSPTFAC

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

E CO 4TH RECON BN

2711 MCDONOUGH STREET

JOLIET IL 60436

TEL: 815-725-7828 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000 Employees

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 OF52

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.

M6786122Q0018

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

This is a competitive combined synopsis/solicitation for commercial items under FAR Parts 12 and 13 for a firm-fixed price contract for the purchase of Musical Instrument and accessories.

This requirement is set-aside 100% for Small Business. The applicable NAICS is 339992 and the size standard is 1,000 employees. The Non-Manufacture Rule does not apply

Market research conducted via the internet and a Request for Information (RFI) posted to SAM.gov revealed there is a reasonable expectation of obtaining two or more offers from small business concerns.

FAR Part 19.502-2 (a) - Each acquisition of supplies or services that has an anticipated dollar value above the micro-purchase threshold, but not over the simplified acquisition threshold, shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.

USMC Director Office of Small Business Programs concurs with this action.

CLINs 0001 through 0008 shall be quoted Brand Name Only as specified within this document (quotes proposing brands other than those specified herein for CLINs 0001 through 0008 will not be considered by the Government).

CLINs 0009 through 0010, may be quoted Brand Name or Equal; salient characteristics are provided herein.

Quoters may submit a quotation which, if received in a timely manner, shall be considered by the agency except for quotes proposing brands other than those specified herein for CLINs 0001 through 0008 (quotes proposing brands other than those specified herein for CLINs 0001 through 0008 will not be considered by the Government).

Quote pricing shall be structured to permit multiple deliveries to the Government due to varying lead times between line items; deliverables shall ship to the Government as individual line items become available from supplier(s).

Due to this agency’s server restrictions, attachments that are not submitted in PDF format will be rejected by the Government’s server. Each email may not exceed 5MB in size or risk rejection by the Government's server.

Quoters may submit multiple emails as necessary to ensure quote is submitted in full.

This solicitation will be awarded on an all-or-none basis.

Award will be made to the lowest-priced technically acceptable (LPTA) offeror with acceptable past performance in accordance with FAR 52.212-2 herein.

Potential contractors will be screened for responsibility in accordance with FAR 9.104.

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

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

NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS shall be sent in writing via email to Tammy DeMille tammy.demille@usmc.mil.

TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION, Quoters should provide all of the following:

-Quoters should complete certifications and representations for paragraphs i, j, n, p, q, r, and v at FAR 52.212-3 Alt I herein, or indicate completion of paragraphs within SAM registration. Offerors shall also complete certifications at FAR 52.204-24, DFARS 252.204-7016 and DFARS 252.204-7017 herein.

- CAGE code

- DUNS number

- Address

- Point of contact

- Prompt payment/discount terms (if offered). This will not be used to evaluate offers.

- Delivery lead time quoted by line item (Quote pricing shall be structured to permit multiple deliveries to the Government due to varying lead times between line items; deliverables shall ship to the Government as individual line items become available from supplier(s). )

- Descriptive literature (applies to CLINs 0009 through 0010, only) is required with all quotes bidding equal products for CLINs 0009 and/or 0010. Firms bidding equal 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 in accordance to the Lowest Priced Technically Acceptable Template. Firms bidding equal should provide the make, model, description of the items, and product literature/brochures

ADDENDUM TO FAR 52.212-4

BAND INSTRUMENTS

SPECIFICATIONS AND SALIENT CHARACTERISTICS

The following items are Brand Name Only:

CLIN 0001: Gibson Electric Guitar Les Paul Custom Alpine White Brand name: Gibson Manufacturer Part#: LPC-AWGH1E Quantity: 1

Item shall meet the following specifications:

o Body Type: Single-Cutaway Weight-relieved o Top wood: Maple o Body wood: Mahogany o Body finish: Gloss Nitrocellulose Lacquer o Neck shape: Vintage o Neck wood: Solid Mahogany o Joint: Long Tenon Set Neck o Scale length: 24.75" o Color: Alpine White o Neck finish: Gloss Nitrocellulose lacquer o Material: Solid Ebony o Inlays: Mother-of-pearl Block o Neck: Proprietary Humbucker o Bridge: Proprietary Humbucker o Bridge design: Individual saddle o Orientation: Right handed

CLIN 0002: Gibson Acoustic Guitar SJ-2000 Brand Name: Gibson

Manufacturer Part #: OCJB20VS Quantity: 1

Item shall have the following characteristics:

o Body shape: SJ-200 o Top wood: Sitka spruce o Back & sides: Flame maple o Neck shape: Round o Nut width: 1.725" o Fingerboard: Rosewood o Neck wood: 2-piece maple o Scale length: 25.5" o Number of frets: 20 o Inlay: Mother-of-pearl graduated crowns o Pickup/preamp: LR Baggs VTC undersaddle pickup o Controls: Volume and tone controls o Tuning machines: Gotoh Keystone o Bridge: SJ-200 Four Bar Moustache o Nut: Bone o Orientation: Right handed

CLIN 0003: NXT4A Electric Upright Bass Brand name: NXT Manufacturer Part #: NXT4a-DB-SB

Item shall meet the following specifications:

o Four string upright configuration o 16 hours play time on a single 60-second charge o No DI necessary for recording or live performances o No signal loss across the entire tonal spectrum

CLIN 0004: Prophet 6 Polyphonic Analog Synthesizer Brand name: Prophet Manufacturer Part #: DSI-2600 o Two newly designed, discrete VCOs per voice o Continuously variable wave shape (triangle, sawtooth, pulse, square) per oscillator o Pulse width per oscillator o Hard sync: oscillator 1 syncs to oscillator 2 o Triangle sub-octave generator (oscillator 1) per voice o Low frequency mode (oscillator 2) o Keyboard tracking on/off (oscillator 2) o Oscillator slop amount for increased tuning instability, from subtle to extreme o Oscillator 1 amount o Oscillator 1 sub-octave amount o Oscillator 2 amount o White noise amount o Two-pole, resonant, high-pass filter per voice o Bi-polar filter envelope amount o Velocity modulation of envelope amount o Four-pole, resonant, low-pass filter per voice, inspired by the original Prophet 5 filter o Filter can be driven into self-oscillation with the Resonance control o Bi-polar filter envelope amount o Keyboard tracking: off, half, full o Four-stage (ADSR) envelope generator o AMPLIFIER ENVELOPE o Velocity modulation of envelope amount o Five wave shapes: triangle, sawtooth, reverse sawtooth, square, and random (sample and hold) o Clock sync (internal or external MIDI clock) o Mod destinations: oscillator 1 frequency, oscillator 2 frequency, oscillator 1 and 2 pulse width, low-pass filter cutoff, high-pass filter cutoff o Sources: filter envelope (bi-polar) and oscillator 2 (bi-polar) o Destinations: oscillator 1 frequency, oscillator 1 shape, oscillator 1 pulse width, low-pass filter cutoff, high-pass filter cutoff o Source: channel (mono) aftertouch with bi-polar amount o Destinations: oscillator 1 frequency, oscillator 2 frequency, LFO amount, amplifier envelope amount, low-pass filter envelope amount, high-pass filter envelope amount o Master clock with tap tempo o BPM control and display o MIDI clock sync o Selectable note value: 16th note, 8th note triplet, 8th note, dotted 8th note, quarter note o One, two, or three octave range o Up, down, up/down, random, and assign modes o Polyphonic step sequencer with up to 64 steps and rests o Stereo analog distortion o Dual, 24-bit, 48 kHz digital effects, including: reverb (room, hall, plate, spring), delay (full bandwidth digital delay and emulated bucket brigade and tape delays), chorus, and phase shifter o Delay sync o True bypass maintains fully analog signal path when digital effects are off o Full-sized, semi-weighted, 4-octave keyboard with velocity and aftertouch o Backlit pitch and mod wheels o Spring-loaded pitch wheel with selectable range per program (1 to 12 semitones up and down) o Transpose controls for an 8-octave range o Hold switch latches held notes on o Polyphonic glide (portamento) o Unison (monophonic) mode with configurable voice count, from one to all six voices, and key modes

CLIN 0005: Fender American Ultra Jazz Bass Arctic Pearl Brand name: Fender Manufacturer Part#: 0199020781 o Alder or ash body (dependent on finish) o “Modern D”-shaped neck profile o 10”-14” compound-radius fingerboard o 21 medium-jumbo frets o Two Noiseless Vintage single-coil Jazz Bass pickups o Redesigned active/passive preamp o Includes ATA compliant hardshell case

CLIN 0006: Fender American Original ‘60s Precision Bass 3 Color

Manufacturer Part#: 0190120857 o Solid alder body with gloss nitrocellulose lacquer finish o Rosewood on maple 34" scale neck with modern 9.5" radius o Period-correct split-coil alnico V pickup o Vintage-style tuners and steel-saddle bridge o Shape: 63 C o Wood: Maple o Neck joint: Bolt-on o Scale length: 34 in.

o Active or passive pickups: Passive o Pickup configuration: Split single-coil o Bridge: Split-coil Alnico V o Brand: Fender o Series or parallel: Not applicable o Active preamp: No o Special electronics: None o Material: Rosewood o Radius: 9.5 in.

o Fret size: Vintage tall o Number of frets: 20 o Inlays: Dot o Nut material: Bone o Nut width: 1.735 in. (44.1mm) o Cutaway: Double cutaway o Construction: Solidbody o Body wood: Alder o Body finish: Gloss nitrocellulose o Orientation: Right handed o Control layout: Master volume, tone o Bridge type: Fixed o Bridge design: Vintage-style o Tuning machines: Vintage-style o Color: Nickel/chrome o Number of strings: 4 o Pickguard: Yes o Special features: Long-scale

CLIN 0007: AX-48 Pro Plus Bundle Two Tier Keyboard Stand Brand name: APEX Manufacturer Part #: 17368 Quantity: 2 o Simple set-up and tear down o Sleek, new design o Professional tribar arms o Includes a Mic Boom and Professional ToteAX-48 Pro Load Capacity: Up to 125lb. per tier

(56.8kg) or 250lb. total (113.6kg) o AX-48 Pro Height: 46" (1168mm) o AX-48 Pro Weight: 19lb. (8.6kg) o AX-48 Pro Folded Length: 52" (1321mm) o Ulti-Boom Length: 18.9" - 34.6" (480 mm - 880 mm) o Ulti-Boom Weight (with adapter): 2.5 lb. (1.1kg)

CLIN 0008: Roland Drum Trigger 8”x3” Pads Brand name: Roland Manufacturer Part #: PD-8 Quantity: 3 o Utilized for toms and hi-hats o They allow rim shots and edge sounds with the TD-6V module o 8" diameter

All of the items below are Brand Name or Equal

CLIN 0009: Dunlop Dual Design Guitar Strap Locks (Black) Manufacturer Part #: SLS1036BN Brand or Equal: Dunlop Quantity: 10

Item shall have meet the following characteristics:

o Durable, reliable 360-degree groove and ball design o Tested at 800 pounds of pull before releasing o Includes two units for instrument and strap

CLIN 0010: Levy’s M7GP Leather Guitar Strap (Black) Manufacturer Part #: M7GP-BLK Brand or Equal: Levy’s Quantity: 10

Item shall have the following characteristics:

o Material: Garment leather with easy-slide polypropylene backing o Color: Black o Width: 2” o Max Length: 56” o Pattern: Plain

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Gibson Electric Guitar Les Paul Custom

FFP

Alpine White BRAND NAME ONLY: Gibson Part no. LPC-AWGH1E

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: LPC-AWGH1E

PURCHASE REQUEST NUMBER: M263812108265

PSC CD: 7710

NET AMT

0002 1 Each Gibson Acoustic Guitar SJ-2000

FFP

BRAND NAME ONLY: Gibson Part no. OCJB20VS

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: OCJB20VS

0003 1 Each NXT4A Electric Upright Bass

FFP

BRAND NAME ONLY: NXT

Part no. NXT4a-DB-SB

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: NXT4a-DB-SB

0004 1 Each Prophet 6 Polyphonic Analog Synthesizer

FFP

BRAND NAME ONLY: Prophet Part no. DSI-2600

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: DSI-2600

0005 1 Each Fender American Ultra Jazz Bass

FFP

Arctic Pearl BRAND NAME ONLY: Fender Part no. 0199020781

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: 0199020781

0006 1 Each Fender American Original '60s Precision

FFP

Bass 3 Color BRAND NAME ONLY: Fender Part no. 0190120857

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: 0190120857

0007 2 Each AX-48 Pro Plus Bundle Two Tier Keyboard

FFP

Stand

BRAND NAME ONLY: APEX

Part no. 17368

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: 17368

PSC CD: 7720

0008 3 Each Roland Drum Trigger 8"x3" Pads

FFP

BRAND NAME ONLY: Roland Part no. PD-8

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: PD-8

0009 10 Each Dunlop Dual Design Guitar Strap Locks

FFP

(Black) BRAND NAME OR EQUAL: Dunlop Part no. SLS1036BN See Salient Characteristics incorporated herein.

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: SLS1036BN

0010 10 Each Levy's M7GP Leather Guitar Strap (Black)

FFP

BRAND NAME OR EQUAL: Levy’s Part no. M7GP-BLK See Salient Characteristics incorporated herein.

FOB: Destination

MILSTRIP: M263812108265

MFR PART NR: M7GP-BLK

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ADC 1 E CO 4TH RECON BN

2711 MCDONOUGH STREET

JOLIET IL 60436

815-725-7828 FOB: Destination

M26381

0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0008 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0009 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0010 30 dys. ADC 10 (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 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

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

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 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

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

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7008 Sources of Electronic Parts MAY 2018 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 (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)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose 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:

The basis for award is Lowest Price Technically Acceptable (LPTA). The apparent successful, prospective contractor must have acceptable past performance:

I. Technical Acceptability is defined as meeting all of the salient characteristics identified in this solicitation document. The Technical Evaluation Worksheet is incorporated into this solicitation for reference.

II. 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 FSC and 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 5% 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."

III. Quotations will be ranked in order of lowest price to highest price. The lowest-priced quotation will be evaluated first. If the lowest-priced quotation (a) is deemed technically acceptable, (b) and its pricing determined fair and reasonable by the Contracting Officer, (c) and the contractor is determined to have acceptable Past Performance, no other quotations will be evaluated and award will be made to the lowest-priced contractor. If the lowest price quotation is determined technically unacceptable, or has unacceptable past performance, or its price cannot be determined fair and reasonable, the next lowest price quotation will be sent for technical evaluation, past performance evaluation and price analysis. This process is repeated in order of price until a quotation is deemed technically acceptable, its price determined fair and reasonable by the Contracting Officer, and the contractor’s past performance determined acceptable. Quotes must include pricing for all line items and quantities to be considered for evaluation as the Government will award on an all-or-none basis.

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY

ACCEPTABILITY DETERMINATION

PR NOMENCLATURE: Musical Instruments and accessories

PR #: M26381 210 8265 Solicitation #:

M6786122Q0018

TECHNICAL ACCEPTABILITY

Salient Characteristics See salient characteristics for product descriptions herein

Technically Acceptable

Not Technically Acceptable

Explain in Detail Why Not Technically Acceptable

Line item 0001: Gibson Electric Guitar Les Paul Custom Alpine White

Part no. LPC-AWGH1E

Line item 0002: Gibson Acoustic Guitar SJ-2000

Part no. OCJB20VS

Line item 0003: NXT4A Electric Upright Bass Brand name: NXT Part no. NXT4a-DB-SB

Line item 0004: Prophet 6 Polyphonic Analog Synthesizer Brand name: Prophet Part no. DSI-2600

Line item 0005: Fender American Ultra Jazz Bass Artic Pearl

Part no. 0199020781

Line item 0006: Fender American Original ‘60s Precision Bass 3 Color

Part no. 0190120857

Line item 0007: AX-48 Pro Plus Bundle Two Tier Keyboard Stand Brand name: APEX Part no. 17368

Line item 0008: Roland Drum Trigger 8”x3” Pads Brand name: Roland Part no. PD-8

Line item 0009: Dunlop Dual Design Guitar Strap Locks (Black) Brand name or equal: Dunlop Part no. SLS1036BN

Line item 0010: Levy’s M7GP Leather Guitar Strap (Black) Brand name or equal: Levy’s Part no. M7GP-BLK

(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 2022) ALTERNATE I (OCT 2014)

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

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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

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

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

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

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

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

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

"Women-owned small business concern" means a small business concern --

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial 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 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).

___…