N0018924Q0398 Desktop Computers.pdf
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- Desktop Computers Federal contract opportunity
- Solicitation number
- N0018924Q0398
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This document is a solicitation (N0018924Q0398) for the procurement of 125 desktop computers. The requirement is being solicited as "Brand Name or Equal", with the HP Elite Tower 600 G9 as the brand name item. Minimum specifications and salient characteristics are provided, and the vendor must indicate how their proposed solution meets or exceeds each requirement.
The solicitation is issued by the Naval Supply Systems Command Contracting Office on behalf of the U.S. Naval Academy. Quotes are due by 12:00 PM Eastern Time on July 16, 2024. The Government intends to award a single firm-fixed price purchase order. The award will be based on price, unless the contracting officer has information on past performance that indicates the low price quote may not represent the best value. The solicitation includes provisions for the evaluation of price reasonableness and small business set-aside considerations.
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SEE ADDENDUM
(No Collect Calls)
N0018924Q0398 09-Jul-2024
b. TELEPHONE NUMBER
757-443-1380
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 16 Jul 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N001899. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
GILBERT K. DOBISON
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
1301169983
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
NAVSUP FLC NORFOLK CONTRACTING
NORFOLK OFFICE
ATTN: G. DOBISON
1968 GILBERT ST, SUITE 600
NORFOLK VA 23511-3392
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 N00161 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
U.S. NAVAL ACADEMY RECEIVING OFFICER
DAN FIELDER
HANGAR BUILDING
234 HALLIGAN ROAD
ANNAPOLIS MD 21402
TEL: 410-293-9291 FAX:
757-443-1424FAX:
TEL: 757-443-1380 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
334111
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 OF51
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.
N0018924Q0398
Section SF 1449 - CONTINUATION SHEET
SCHEDULE OF SUPPLIES
Desktop Computer Requirements (Minimum Specifications)
Vendor Statement of Acceptability: For each of the minimum specifications listed below, briefly describe how your proposed solution meets or exceeds the requirement. Define manufacturer, model number, description, capacity, and/or speed. If applicable, provide a web link to the technical specifications for the proposed hardware component.
Chassis & Power Mini/Micro Tower – provide total system weight and dimensions 90mm chassis cooling fan 260W ATX 80 PLUS Gold Power Supply w/70mm cooling fan
Motherboard/Chipset Windows 11 64-bit with support for Windows 10 Front I/O Ports USB 2.0 (>1), USB 3.2 Gen 1 (>1), Headphone/MIC combo port (1) NIST SP 800-147 BIOS Protection Compliant
Rear I/O Ports Display Port (1), HDMI (1), VGA (1) via adapter, DVI-D (1) via adapter Gigabit LAN RJ-45 (1), USB 2.0 (>1), USB Type-C (1) USB 3.2 Gen 1 (≥3), Audio Line-in/Line-out (1)
Expansion Slots PCIe x16 (1), PCIe x1 (2)
Processor Intel Core i7-13700 Processor or AMD equivalent
Memory 16 GB (2x8GB) DDR5-5600 NON-ECC Unbuffered (2 open slots for future memory expansion up to 32GB)
Hard Drive 500 GB M.2 PCIe NVMe SSD
DVD Drive 8X DVD+/-RW SATA interface
Video Integrated Graphics with Dual Display Capability
Keyboard Full size with 104 keys, Windows compatible, USB with integrated DOD Common
Access Card (CAC) reader Compatible with ActivIdentity/ActivClient v7.1.0.25 (or Latest Version
Mouse 3-Button USB Optical Scroll Mouse, Black, Minimum USB cable length - 62”
Operating System Least expensive license for Windows 11 64-Bit
Audio High-Definition Audio Controller (Integrated OK)
Network Integrated Gigabit Ethernet Controller
TPM Yes, TPM 2.0 or latest
Monitor N/A Contrast Ratio 1000:1
Warranty 5 Year Parts Only – Overnight Replacement (covers System, Monitor, & Peripherals)
Only NEW parts are to be used to fulfill the warranty obligations;
Vendor shall pay for all shipping charges.
● Proposed Computer shall be individually packed in a single carton that includes all accessories, peripherals, & product documentation.
● USNA will provide bar code asset tags for vendor to apply to CPU and monitor.
● Vendor shall duplicate bar code asset tags and apply to CPU. CPU cartons will also contain bar coded serial number.
● Vendor shall provide a single disk or website with all drivers.
● Vendor shall provide on-site parts pool for warranty replacement consisting of, at a minimum, 3 of each internal component and peripheral device.
● Vendor/Manufacturer shall be ISO 9001:2015 and ISO 14001:2015 registered.
● Proposed PC shall be Energy Star Compliant. (Please provide documentation)
● Proposed PC shall be EPEAT silver rated and appear on the EPEAT website. (Please provide documentation)
Components SHALL be Windows 11 - 64 bit and Windows 11 Compatible.
System SHALL have full functionality in Windows 11 - 64 bit.
Chassis, DVD Burner, Keyboard, & Mouse SHALL Match in Color.
All systems SHALL be IDENTICAL – No hardware changes
ADDENDUM TO FAR 52.212-1
FAR CLAUSE 52.212-1 ADDENDUM, INSTRUCTIONS TO QUOTERS– COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
The Government will award a single purchase order with Firm Fixed Price (FFP) Provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisiiton Procedures. Award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.
In addition to FAR 52.212-1, “Instructions to Quoters – Commercial Products and Commercial Services and any other instructions contained elsewhere in this solicitation, the following information is provided.
Initial Quotes and any modifications thereto are to be submitted to Gil Dobison, at gilbert.k.dobison.civ@us.navy.mil on or before the closing date and time cited elsewhere in this solicitation. Faxes, mailed, and/or responses through beta.SAM.gov or any method other than email are NOT acceptable.
QUESTIONS: Quoters may submit questions regarding clarification of solicitation requirements via email the contracting officer, Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil . It is requested that all questions be received by 12:00 PM, Eastern Standard Time, on 12 July 2024, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of Quotes. Questions received after the deadline may or may not be answered at the discretion of the Government
INSTRUCTIONS FOR SUBMISSIONS OF QUOTERS:
1. GENERAL:
Electronic Submissions: Quotes shall be submitted electronically no later than the due date of the solicitation via email to the Contracting Officer, Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil. Quoters should include the following information in the Subject Line of their electronic submission: Quote - N0018924Q0398 – (Name of Quoter) – (“Prime” or “Sub”) – Email (#) of (#). Quoters shall comply with the detailed instructions for the format and content of the Quotes contained herein; Quotes that do not comply may be considered unacceptable and may render the Quote ineligible for award. Quoters shall respond to all requirements of the solicitation. Quoters are cautioned not to alter the solicitation.
All electronic files and versions of Quoters’ quotes shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2010 (Excel). The Quoter shall be responsible for ensuring that their electronic Quotes are virus free.
All Quote submissions and questions shall be in English.
HARD-CARRIED QUOTE SUBMISSIONS ARE NOT AUTHORIZED.
Quotes must be held firm for 60 days after the solicitation closing date.
The completion and submission of the above items will constitute a Quote and will indicate the Quoter’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto.
Alternate Quotes are not authorized. Objections to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001), which will make the Quote unacceptable.
Note 1: Mailed, Hand-carried and delivered Quotes will not be accepted.
Note 2: Submissions through the System for Award Management (SAM).gov website will not be accepted.
VOLUME I – Non Price Quote
This volume shall address the Brand Name or Equal Purchase Descriptions (Factor I) and include all information required for Quote evaluation. This volume of the Quote shall exclude any pricing information.
Each page of each copy shall be affixed with the following legend:
Source Selection Information See FAR 2.101 and 3.104
VOLUME II – Price Quote
This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy shall be affixed with the following legend:
Source Selection Information See FAR 2.101 and 3.104
2. REQUIREMENT FOR QUOTE CONTENT:
(A) Introduction and Purpose: This section specifies the format that Quoters shall use in this Request for Quote
(RFQ). The intent is not to restrict Quoters in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.
(B) Each volume should contain the following items in addition to the other information required by this solicitation:
Cover: The cover should indicate the following:
Title of the Quote Volume Number (I or II) Quote Category (Technical or Price) Request for Quote (RFQ) Number Name and Address of Quoter, Cage Code/Unique Entity ID Identification if original or a copy of the Quote Quote validity period of 60 days from solicitation closing.
Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located.
(1) Requirements for Style: Each Quoter shall submit a Quote that clearly and concisely describes and defines the
Quoter’s response to the requirements contained in the RFQ. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective Quote are not desired and may be construed as an indication of the Quoter’s lack of understanding of cost consciousness. Elaborate art work, expensive paper or bindings, and expensive visual or other presentation aids are neither necessary nor desired. The Quote shall contain all the pertinent information in sufficient detail in the one area of the Quote where it contributes most critically to the discussion of the same information. When necessary, Quoters shall refer to the initial discussion and identify its location within the submitted Quote.
(2) Quote Page Limitations:
The following page limitations are established:
Title
Submittal Quantities
Page Limit*
Non-Price Quote – Factor I:
1 Electronic Copy
Ten (10) pages
Price Quote
1 Electronic Copy
No limit
The Non-Price Quote factors are limited to the maximum number of pages as defined in the table above. All submission and attachments shall be in Microsoft Office Word. Submissions are page limited to the maximum number of pages as defined below. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the Quote must use an alternative Times New Roman font with 8 point size type or larger. Each “page” is defined as one sheet, 8 ½ “ x 11”, with at least one inch margins on all sides, using Times New Roman font with a point size of 12 or greater (e.g., "Times New Roman" style with 12 point font). Lines shall, at a minimum, be selected as single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. The Quoter is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, list of acronyms, compliance matrix, and table of contents.
The Quoter is permitted to submit no more than one (1) page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, list of acronyms, compliance matrix, table of contents, tabs, and dividers.
Quote Content:
Volume I Non-Price Quote
This volume shall address the Non-Price factors and include all information required for quote evaluation. This volume shall also address the past performance factor and shall include all information required for quote evaluation. This volume of the quote shall exclude any reference to the price aspects of the quote.
The Non-Price Quote factors are listed below.
Factor I – Brand Name or Equal
The quoter shall provide a brand name item or item of equal description. The quoter shall provide a brand name item or item of equal description. Please see Schedule of Supplies of the solicitation for minimum specifications and salient characteristics.
Volume II – Price Quote:
Factor II – Price
The Price Quote shall include the completed solicitation documents. The price Quote shall include all elements of price and such other price information considered appropriate to support the Quote. The pricing information shall be completed in accordance with the following:
(a) SF1449 Section “Schedule of Supplies/Services” completed by the Quoter.
(b) All supplemental information to support quoted price.
(c) A complete and signed page 1 of the Standard Form 1449, “Solicitation/Contract/Order for Commercial Items” and executed copy of Amendments, if applicable.
(d) Unless completed in SAM, RFQ Section, Representation, Certification and Other Statements of Quoters- Completed by the Quoter.
End of provision)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 125 Each HP Elite Tower 600 G9
FFP
Part no.7E9D5AV. For accessories see Schedule of Supplies for details regarding HP Elite Tower. The subject requirement will be solicited as "Brand Name or Equal". See Schedule of Supplies for minimum specifications, salient physical, functional, or performance characteristic of the brand name item that an "equal" item must meet in order to be acceptable for award.
FOB: Destination
MILSTRIP: N0016124RC6C011
PURCHASE REQUEST NUMBER: 1301169983
PSC CD: 7E20
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 90 dys. ADC 125 U.S. NAVAL ACADEMY RECEIVING
OFFICER
DAN FIELDER
HANGAR BUILDING
234 HALLIGAN ROAD
ANNAPOLIS MD 21402
410-293-9291 FOB: Destination
N00161
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
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 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7022 Expediting Contract Closeout MAY 2021 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
The Government intends to award a single Firm Fixed Price (FFP) purchase order as a result of this solicitation in accordance with FAR Part 12 “Acquisition of Commercial Items” and FAR Part 13 “Simplified Acquisiiton Procedures”. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.
The selection of a quoter for award will be conducted in two phases. Phase I will consist of the evaluation of Factor I
– Brand Name or Equal. Quoters receiving an “Acceptable” rating in Phase I shall move on to Phase II. Phase II will consist of the evaluation of Factor II – Price. All quoters with Acceptable for Factor I will be ranked by price and the lowest price in Phase II and is the most advantageous to the Government and therefore will receive award.
Nothing in this provision limits the Contracting Officer’s discretion to rely on information available from other sources (e.g., past performance databases, discussions with other entities familiar with the quoter) or to use any other technique described FAR 9.1 when determining whether the quoter satisfies the FAR 9.104-1 general responsibility standards.
Factor 1 – Brand Name or Equal
This volume shall address this factor and include all information required for quote evaluation. This volume of the quote shall EXCLUDE any reference to the price aspects of the quote.
The requirement is “Brand Name or Equal” if brand name item is not quoted the equal item shall meet minimum specifications and salient characteristic, non-price factor required.
The below rating table will be used in the evaluation of the Non-Price Factor I, Brand Name or Equal.
Technical Acceptable/Unacceptable Ratings Table Technical Ratings
Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation.
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
NOTE: A rating of “Unacceptable” for Factor I means that the quoter’s quote is not awardable and is not susceptible to correction without what would be tantamount to the submission of an entirely new quote.
Factor II – Price
The quoters quoted price will be evaluated on the basis of price reasonableness in accordance with FAR 13.106.3.
The Government may evaluate any and all information submitted by the quoter to support the reasonableness of prices proposed. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer. Additionally, the government may request quoters to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items or uncertified cost and pricing data.
Failure to submit the requested information may result in disqualification of the submitted quote.
A written notice of award or acceptance of a quote e-mailed or otherwise furnished to the successful quoters(s) within the time for acceptance specified in the quote shall result in a binding contract without further action by either party.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). (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.
(10) 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: _________
(11) 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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
___ 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) Certifications and 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 Subparts 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.
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