Combined Synopsis_Solicitation.pdf
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- Attached to
- USNO Precise Time & Astronomy IDIQ Federal contract opportunity
- Solicitation number
- N0018925Q0016
About this file
This document is a COMBINED SYNOPSIS/SOLICITATION for commercial services issued by the Department of the Navy Naval Supply Systems Command. The proposed contract action is for a single-award, Indefinite-Delivery, Indefinite-Quantity contract with Firm, Fixed-Price provisions for the acquisition of Astronomy Related Services in support of the US Naval Observatory. The solicitation number is N0018925Q0016 and is issued as a request for quote (RFQ). The associated NAICS code is 541990 with a Small Business Standard of $19.5M. The contract has a 4-year ordering period from November 1, 2024 to October 31, 2028, with a total estimated value of $4,000,000. Quotes are due by 12:00 PM EST on October 29, 2024 and shall be submitted to the specified email addresses. The government intends to award this contract on a sole source basis to Federated IT, Inc. in accordance with FAR 19.1406.
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This is a COMBINED SYNOPSIS/SOLICITATION for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation number is N0018925Q0016 is issued as a request for quote (RFQ). This solicitation documents and incorporates provisions and clauses in effect through FAC 2024-07 (effective 30 September 2024) and DFARS Publication Notice 20231025 (effective 25 October 2023). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:
https://www.acquisition.gov/far/ https://www.acquisition.gov/dfars
The associated North American Industrial Classification System NAICS code is 541990 and the Small Business Standard is $19.5M. The PSC is R405.The proposed contract action is for commercial services for which the Government intends to solicit and award a single-award Indefinite-Delivery, Indefinite-Quantity type contract with Firm, Fixed-Price (FFP) provisions for the acquisition of Astronomy Related Services in support of the US Naval Observatory. The Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC) Norfolk is processing this action on a sole source basis with Federated IT, Inc. in accordance with FAR 19.1406.
CLINs are:
Item Description Extended Description Unit of Issue Unit Price Max Ceiling 0001 Labor 4 Year Ordering Period for Services IAW the PWS Lot $ $3,965,000.00
0002 Travel Travel IAW the PWS Lot $ $35,000.00
Period of Performance:
CLIN 0001: 01 NOV 2024 – 31 OCT 2028
CLIN 0002: 01 NOV 2024 – 31 OCT 2028
This announcement will close at 1200 PM EST on Tuesday, 29 October 2024. Quotes shall be submitted to Caitlin King at Caitlin.d.king2.civ@us.navy.mil and Cody Witz at cody.s.witz.civ@us.navy.mil.
mailto:Caitlin.d.king2.civ@us.navy.mil mailto:cody.s.witz.civ@us.navy.mil
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4 Year Ordering Period - Labor
FFP
Provide scientific services IAW the PWS.
FOB: Destination
PURCHASE REQUEST NUMBER: N6228525USNOPTAIDIQ
PSC CD: R405
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Travel
COST
Travel IAW the PWS FOB: Destination
PSC CD: R405
ESTIMATED COST
Performance Work Statement
Precise Time and Astrometry Workflow Management
BACKGROUND
The United States Naval Observatory (USNO) is responsible for the production and dissemination of Precise Time, Astrometry, and Earth Orientation Parameters (EOP) to the Department of Defense (DoD) and Intelligence Community (IC) for use in navigation under DoD Instruction (DoDI) 4650.06. This mission includes development and dissemination of Precise Time and Astrometry data products to the DoD. USNO requires workflow development expertise to organize, optimize and manage the processes involved in in obtaining accurate time measurements and precise celestial observations.
SCOPE
USNO requires expertise in workflow management techniques to streamline operations, minimize errors, and maximize efficiency throughout the entire process chain, from research and development to the final dissemination of precise time and positional information across five functional areas.
TASKING/REQUIREMENTS:
Under this contract the following shall be completed
1. Develop and execute workflows that enhance productivity, maintain quality standards of
USNO data products, and accelerate research to operations processes across all USNO activities.
2. Facilitate collaboration among multidisciplinary teams of scientists, engineers, and technicians, enabling them to work cohesively towards common goals and objectives.
3. Develop systematic planning initiatives; coordinated and execute initiatives to advance the accuracy and reliability of timekeeping and celestial positioning.
4. Develop schedules and monitor performance to adapt to changing requirements.
5. Incorporate risk management strategies to mitigate potential setbacks and ensure workflow continuity.
Services to be furnished under this contract shall be set forth in individual Tasks Orders. It shall be the responsibility of the Contractor to organize, furnish, and supervise a workforce, which, within the limitations of the provisions of the proposed contract, is capable of effectively performing the work as established above and further defined in the individual Task Orders and supporting PWS’s. It shall be the responsibility of the contractor to assure that all contractor professionals possess the specialized education and experience specified under personnel qualifications in the “Basic Qualifications” section of this document and as identified in the task order issued. The Contractor shall notify the Contracting Officer’s Representative (COR) promptly with hiring status and changes of personnel for each Task Order.
BASIC QUALIFICATIONS (REQUIRED):
This contractor shall provide Precise Time and Astrometry Managers with various levels of expertise. The following skillsets define this labor category:
• Experience developing detailed workflows for precise time and astrometry programs, specifically the assembly and deployment of clock infrastructure and telescope instrumentation.
• Experience facilitating collaboration among multidisciplinary teams of DoD scientist, engineers and technicians.
• Experience developing planning, requirements development and risk management strategies related to physics, astrophysics, astronomy and geodesy research, development and operations activities.
• Expert in DoD Navy workflow policy or Navy acquisition policy.
• Technical or workplace experience in precise time programs with high availability requirements.
Within the Precise Time and Astrometry Workflow Manager labor category, the contractor must be able to provide qualified employees with Junior, Basic, Senior, Master or Principal levels of competence defend as
• Basic: Contractor with Associate’s or Bachelor’s degree in any field and at least 3 years of experience in relevant field. Masters degrees and Ph-Ds in relevant field with no experience also qualify.
• Senior: Bachelor’s degree with at least 6 years of experience or Master’s degree or PhD in relevant field with 3 years of experience. For Master’s and Ph-D levels relevant work performed during completion of degree can count as experience.
• Master: Bachelor’s degree in any field with at least 10 years of experience in relevant field, or Master’s degree or PhD in relevant field with at least 6 years of experience. For Master’s and Ph-D levels relevant work performed during completion of degree can count as experience.
• Principle: Bachelor’s degree in any field with at least 20 years of experience, or Master’s degree or PhD in relevant field with at least 15 years of experience in relevant field. For Master’s and Ph-D levels relevant work performed during completion of degree can count as experience.
SECURITY
All contractors under this contract will be required to obtain and uphold a Secret Clearance.
Some positions will require up to Top Secret Security Clearances with SCI tickets (TS//SCI clearance). Clearance requirements will be specified in individual task orders.
FACILITIES, EQUIPMENT, AND TRAVEL:
The planning and support for the completion of these tasks will be performed at USNO in Washington, DC.
All travel shall be accomplished in accordance with the Joint Travel Regulations. Travel in performance of this contact is estimated at $35,000.00, inclusive of any indirect charges including G&A. Travel will be reimbursed in accordance with the JTR and FAR 31.205-46.
REPORTS TO USNO:
Contractor shall provide biweekly progress reports to the USNO Technical Point of Contact (POC) listed below and COR. This report shall include progress made for the month, a summary of any problems or areas of concern for which government assistance or guidance is desired, a description of work planned for the following month, and a statement of any anticipated deviation in the contractor’s planned effort to achieve contract objectives, including any change in key personnel.
Dissemination control of output products such as documents: The output products of the study shall be considered “DISTRIBUTION D: DOD AND DOD CONTRACTORS ONLY” and shall not be further disseminated without written permission of USNO. Contractor shall comply with all relevant USNO, Navy, DoD dissemination, security and information assurance rules.
NOTES:
• All documentation of processes, software, and reports generated in the course of the performance of this contract will be the property of USNO. These designs must be ‘shareable’ with other government entities.
• Contractor’s compensation, benefits, and performance will be managed by the contracting company, not the Government.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
FOR
United States Naval Observatory Scientific Services
PURPOSE:
To ensure the Government has an effective and systematic method of surveillance for the services in the Performance Work Statement (PWS). The QASP will be used primarily as a tool to verify that the contractor is performing all services required by the SOW in a timely, accurate and complete fashion.
1. Performance Standards
a. Schedule – The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates developed in an internal USNO schedule for the project and provided in individual tasking orders. Assessments of the schedule will be made periodically to account for slippage due to unpredictable circumstances (e.g. for some projects equipment malfunction or unforeseen equipment requirements and the associated procurement delays can cause schedule slippage outside of the contractor’s control).
b. Deliverables – The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the contract/task order(s).
c. Past Performance – In addition to any schedule, and deliverable aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.
2. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, observing actual performance, reviewing applicable reports, and inspecting the task results to determine whether or not the performance meets the required performance outlined in the Schedule described in 1a.
3. Performance Standards:
Quality Level: By monitoring the Contractor, the COR will determine whether the performance levels set forth in the contract have been attained. Quality levels for all tasks are specified below:
Exceptional – Indicates performance clearly exceeds contractual requirements.
The area of evaluation contains few minor problems for which corrective actions appear highly effective.
Satisfactory – Indicates performance clearly meets contractual requirements. The area of evaluation contains some minor problems for which the corrective actions appear satisfactory.
Marginal – Indicates performance meets contractual requirements. The area of evaluation contains a serious problem for which corrective actions have not yet been identified, appear only marginally effective, or have not been fully implemented.
Unsatisfactory – Indicates the contractor is in danger of not being able to satisfy contractual requirements and recovery is not likely in a timely manner. The area of evaluation contains serious problems for which the corrective actions appear ineffective.
4. Performance Measurement: Performance will be measured in accordance with the following matrix table:
Performance Element
Performance Requirement
Surveillance Method
Frequency Acceptability Level
Documentation of Research
Complete deliverables as stated in the PWS Inspection by SME Within 30 Days 95% Accuracy
Schedule Compliance
Completion of activies in accordance with the individual task orders
Inspection by SME during weekly meetings Weekly 95% Accuracy
Monthly Reports Summarizing Performance
Written by SME Inspection by COR and SME NLT the 10th day of each Month 95% Accuracy
CTIP Compliance
Compliance with
FAR 52.222-50,
Combating
Trafficking in
Persons
Customer feedback and random/scheduled monitoring/inspec tions conducted by the COR/TA’s
Random 100% Compliance
CONTRACTING OFFICER REPRESENTATIVE (COR):
The COR is responsible for technical management of this program. The PCO (Procuring Contracting Officer) is the only person authorized to make and approve changes to this SOW or the contract. The USNO Subject Matter Expert (SME) will serve as the Contracting Officer’s Technical Point of Contact (TPOC).
INCENTIVES/DISINCENTIVES:
The COR will complete an annual report on Contractor Performance via the Contractor Performance Assessment Reporting System (CPARS) or other annual report that may be required. The contractor’s failure to achieve satisfactory performance under the contract/task order, reflected in the COR’s annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders. The contractor’s failure to achieve satisfactory performance under the contract/task order may result in the Government not exercising all available options.
For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.
In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality products in a timely manner since the Government can require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.
DOCUMENTATION:
Documentation used and referenced to perform surveillance will consist of technical reports, contractor plans and procedures, schedules, customer feedback and contract data requirements.
During the course of the contract/task order, the COR will retain a copy of all inspection schedules and surveillance activity logs. At the end of the surveillance period, the COR will forward the surveillance report for inclusion in the contract file.
CONTRACT ADMINISTRATION PLAN (CAP) FOR FIXED PRICE, INDEFINITE DELIVERY,
CONTRACTS
In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications or information regarding the administration function assigned.
1. The Procuring Contract Office (PCO) is responsible for:
a. All pre-award duties such as solicitation, negotiation and award of contracts.
b. Any information or questions during the pre-award stage of the procurement.
c. Freedom of Information inquiries.
d. Changes in contract terms and/or conditions.
e. Post award conference.
2. The Contract Administration Office (CAO) is responsible for matters specified in FAR 42.302, except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein.
3. The paying office is responsible for making payment of proper invoices after acceptance is documented.
4. The Ordering Officer is responsible for:
a. Requesting, obtaining and evaluating proposals for orders to be issued.
b. Select the most advantageous offer to the Government for individual Task Orders in accordance with contract provisions. Determining that the price/estimated cost of the order is fair and reasonable for the effort proposed.
c. Obligating the funds by issuance of the delivery order/task order.
d. Authorizing the contractor to begin performance.
e. Providing subcontract approval.
f. Monitoring direct costs on orders issued.
NOTE: The PCO and the Ordering Officer may be the same individual, but in no case shall the COR perform the duties of the Ordering Officer.
5. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change.
The COR duties are as follows:
a. Technical Interface
(1) The COR is responsible for all Government technical interface concerning the contractor and furnishing technical istructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements;
milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract or order.
The COR is the point of contact through whom the contractor can relay questions and problems of a technical nature to the PCO.
(2) The COR is prohibited from issuing any instruction which would constitute a contractual change.
The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor.
b. Contract Surveillance
(1) The COR shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross the line of personal services. The COR must be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed. In such as situation, the COR's actions would be equivalent to using the contractor's personnel as if they were government employees and would constitute transforming the contract into one for personal services.
(2) The COR shall monitor the contractor's performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation.
(3) The COR will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the COR should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and keeping the PCO advised of progress.
(4) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated Information System (AIS). The initial CPAR, under an eligible contract, must reflect evaluation of at least 180 days of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods should be ready at 1-year intervals thereafter.
c. Invoice Review and Approval/Inspection and Acceptance
(1) The COR is responsible for quality assurance of services performed and acceptance of the services or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR must take into consideration all documentary information available and any information developed from personal observations.
(2) The COR must indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor.
(3) The COR will provide the PCO and the CAO with copies of acceptance documents such as Certificates of Performance.
(4) Upon completion of all services under the contract, the COR shall work with the Contractor to obtain and execute a final invoice no more than 60 days after completion of contract performance. The COR shall ensure that the invoice is clearly marked as a “Final Invoice.”
d. Contract Modifications/Orders Under Indefinite Delivery Contracts.
(1) The COR is responsible (if necessary) for developing the statement of work for tasking orders, change orders, or modifications and for preparing an independent government cost estimate of the effort described in the proposed statement of work.
(2) The COR shall provide available and relevant Past Performance information with each request for new Task Orders. The COR shall review and evaluate the contractor’s proposal and furnish comments and recommendations
e. Administrative Duties
(1) The COR is responsible for taking appropriate action on technical correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.
(2) The COR shall maintain files on all correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all government personnel visiting the contractor's place of business for the purpose of discussing the contract.
(3) The COR must take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation.
f. Government Furnished Property. When government property is to be furnished to the contractor, the COR will take the necessary steps to ensure that it is furnished in a timely fashion and in proper condition for use. The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work.
g. Security. The COR is responsible for ensuring that any applicable security requirements are strictly adhered to.
h. Standards of Conduct. The COR is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions.
i. Written Report/Contract Completion Statement.
(1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement that services were received in accordance with the Contract terms and that the contract is now available for close-out. The report shall also include a statement as to the use made of any deliverables furnished by the contractor. For contracts where delivery orders are issued, one consolidated report which addresses all actions under the contract may be submitted.
(2) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a final Contractor Performance Assessment Report (CPAR) in the CPARS with 30 days of contract completion.
(3) The COR is responsible for providing necessary assistance to the Contracting Officer in performing Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files.
7. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows:
a. Identify contractor deficiencies to the COR.
b. Review contract/delivery order deliverables, recommend acceptance/rejection, and provide the COR with documentation to support the recommendation.
c. Assist in preparing the final report on contractor performance for the applicable contract/delivery order in accordance with the format and procedures prescribed by the COR.
d. Identify contract noncompliance with reporting requirements to the COR.
e. Evaluate the contractor's proposals for specific delivery orders and identify, for the COR, any potential problems, areas of concern, or issues to be discussed during negotiations.
f. Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.
g. Review invoices for the appropriate mix of types and quantities of labor, materials, and other direct costs, and provide the COR with recommendations to facilitate COR certification of the invoice.
h. Provide the COR with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions.
i. Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any interface between the TA and contractor.
SUPPLEMENTAL AOF LANGUAGE
Pursuant to FAR clause 52.232-18, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract. The notice of availability of funds can be found at the following: https://www.navsup.navy.mil/public/navsup/flcn/contracting/
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act Orders--
Representation and Disclosures.
DEC 2023
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
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 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 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
252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)
AUG 2024
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)
AUG 2024
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.245-7003 Contractor Property Management System Administration APR 2012 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)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
FAR CLAUSE 52.212-1 ADDENDUM, INSTRUCTIONS TO QUOTERS – COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
In addition to FAR 52.212-1, “Instructions to Quoters – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided: The Government intends to award a Fixed Price (FFP), single-award Indefinite Delivery, Indefinite Quantity type contract as a result of this solicitation in accordance with FAR Parts 12, 13.5, 19.1406, and 16.505. Award will be made on a sole source basis after the price is determined to be fair and reasonable. The Government intends to evaluate and award a contract based on initial quotes; therefore, the Vendor’s initial quote should contain the Vendor’s best terms from a price standpoint.
INSTRUCTIONS FOR SUBMISSION OF QUOTES:
(1) Quotes shall be submitted via SAM no later than the due date of the solicitation.
(2) All submission and attachments shall be in Microsoft Office Word, Excel or as an Adobe file.
QUOTE CONTENT:
The quote should contain the following items in addition to other information required by this solicitation. The cover page should indicate the following:
• Name and Address of Vendor, Cage Code, DUNS, and applicable TAX I.D Number (TIN)
• Point of Contact name, telephone number, and email address
• Quote validity of 120 days following the solicitation closing date
Price Quote The Price Quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other information considered appropriate to support the Vendor’s quote. The pricing information shall be completed in accordance with the following:
(a) All supplemental information to support quoted price, to include but not limited to copies of previously paid invoices, sales history for the same or similar items, price list with effective date and / or copies of catalog pages along with any applicable discounts.
(b) Unless completed in SAM.gov, RFQ Section, Representations, Certifications and Other Statements of Quoters, completed by the Quoters in accordance with FAR 52.204-8 and DFARS 252.204-7007 Alt. A.
(c) RFQ pricing “Schedule of Supplies/Services” completed by the Vendor CLIN Travel
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: Price
The Quoter’s proposed price will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-
3. The evaluation may include, but is not limited to, a comparison with independent Government estimates.
https://www.sam.gov/
Quoter responding to this solicitation shall submit information /data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and / or copies of catalog pages along with any applicable discounts.
(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.
(End of provision)
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).
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