RFP 47QSCC24R5001 RO Retail Hardware Refresh.pdf
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- Solicitation number
- 47QSCC24R5001
- Issued by
-
GSA Federal Acquisition Service
About this file
This request for proposal (RFP) from the General Services Administration (GSA) seeks to acquire peripheral hardware for retail operations. The RFP requires 146 Brother laser printers with duplex capability, 42 Unitech America MS852-VUC800 handheld scanners, 102 Unitech America MS852 B rugged 2D wireless handheld scanners, 12 Zebra Technologies ZC100 card printers, and 15 Cherry keyboards with magnetic card readers. Products must be delivered by January 15, 2024 to a location in Denver, Colorado. The acquisition has a total small business set-aside and proposals are due by the date specified in the RFP cover letter. The Government will make a single award on a best value basis considering price and technical evaluation factors.
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| GSA | 4PL | RETAIL | OPERATIONS |
| REQUEST | FOR | PROPOSAL | (RFP) |
RETAIL OPERATIONS HARDWARE REFRESH
47QSCC‐24‐R‐5001
PLEASE READ THIS RFP IN ITS ENTIRETY AND FOLLOW ALL INSTRUCTIONS HEREIN
| Proposals | are | being | requested | at | this | time | in | accordance | with | this | RFP. | All |
| amendments | and | any | other | official | communications | from | the | agency | regarding | this | ||
| RFP | will | be | distributed | from | the | Contracting | Officer | to | all | potential | offerors | via |
| direct | correspondence | through | the | Government‐wide | point | of | entry | (GPE) | or | by | a | |
| means | that | provides | access | to | the | notice | of | proposed | contract | action | through | the |
| GPE | (https://www.sam.gov). |
A. Date: October 31, 2023
B. NAICS: 334111 – Electronic Computer Manufacturing
C. Solicitation Number: 47QSCC-24-R-5001
D. Set‐aside Status: Total Small Business Set-Aside
E. Contracting Office Address:
General Services Administration General Supplies & Services Office of Contract Operations Special and Assisted Contracting Division Special Contracting Branch A 1800 F Street NW Washington, DC 20405
F. Description of Action:
This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) 12.6 – “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” located at Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services | Acquisition.gov in conjunction with the policies and procedures for solicitation, evaluation, and award prescribed under FAR 13 – “Simplified Acquisition Procedures,” located at Part 13 - Simplified Acquisition Procedures | Acquisition.gov.
RFP# 47QSCC-24-R-5001
This is a combined synopsis/solicitation for the acquisition of hardware for packaging and delivery to Denver, Colorado.
This announcement constitutes the only solicitation; proposals are being requested and a follow-on written solicitation will not be issued.
G. Scope/Description of Agency Need:
The General Services Administration (GSA) requires the below products, with packaging and delivery to:
James Malvern 1 Denver Federal Center Bldg. 41 Dock E8 Room 184 Denver, Colorado 80225 Phone: 720-763-1980 Email: james.malvern@gsa.gov
H. Standard Items Required:
Product Description Quantity/Each
Brother Laser printer with duplex MFG. Part#: HLL5000D (Brand Name or Equal Required)
Unitech America, MS852-VUC800 Handheld scanner (wired) MFG. Part#: MS852‐VUCB00‐OG (Brand Name or Equal Required)
Unitech America, MS852 B Rugged 2D Handheld scanner (wireless) MFG. Part#: MS852‐AUBB0C‐SG (Brand Name or Equal Required)
(Zebra Technologies Corp) ZC100 Card Printer MFG. PART#: ZC11‐000C000US00 (Brand Name or Equal Required)
Cherry Electrical Product), Cherry Keyboards w/magnetic card reader.
MFG. PART#: G86‐71411EUADAA (Brand Name or Equal Required)
Mandatory Delivery Date for ALL Products: Not Later Than January 15, 2024
I. Delivery:
1 Denver Federal Center
Bldg. 41 Dock E8 Room 184 Denver, Colorado 80225
J. FOB Destination: Denver, Colorado.
| K. | POC | for | Delivery: | James | Malvern | (james.malvern@gsa.gov) | |
| Phone: | 720-763-1980 |
L. Invoices Submission and Requirements:
Payment for goods and/or services shall be paid via Electronic Funds Transfer (EFT). Upon completion of the work, the contractor shall invoice in accordance with the following Invoice Submission and Invoice Requirements.
Invoice Submission:
An invoice and supporting information should be submitted within five business days after Government acceptance of completion of work. The GSA Paying Number (QP) (from GSA Form 300, Box 4) MUST be on the invoice. An original copy of the invoice must be submitted for acceptance to VCSS; the website for this database is:
https://vcss.ocfo.gsa.gov. To obtain invoice payment status, please access the website at https://vcss.ocfo.gsa.gov.
If the vendor submits a revised invoice, the revised invoice must include: 1) a unique invoice number, 2) a brief explanation, and 3) a cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication. An original invoice number may be made unique by appending the letter “R” plus a number to it. For example, INV12345 (original) becomes INV12345R1 (revised). If this invoice were to be submitted a second time, the invoice number would be INV12345R2. This pattern can be repeated as needed.
Invoice Requirements:
The vendor shall certify with a signed and dated statement that the invoice is correct and proper for payment.
If there are any discrepancies, contact the Contracting Officer (CO) via email at Jessica.l.sanchez@gsa.gov immediately.
The Retail Operations Government POC will receive the vendor’s invoice for acceptance via email at kathy.taylor@gsa.gov. If you experience any problems, contact the CO referenced above.
The vendor shall provide the following information on each invoice submitted to
GSA:
| 1) Award Number (if applicable) (from | GSA | Form | 300, | Block | 2); |
| 2) Paying (QP) Number: (from | GSA | Form | 300, | Block | 4); |
3) Vendor Invoice Number and Date;
4) Vendor Name;
5) Vendor’s Federal Identification/Tax ID and Unique Entity Identifier (UEI)
Number (from SAM.gov);
6) Vendor Address;
7) Point of Contact Information of person to notify in event of defective invoice;
8) Current Period of Performance;
9) Contract Line Item Number (CLIN);
10) Description, quantity, unit of measure, unit price, and extended price per CLIN; and
11) Terms of any discount for prompt payment offered
In addition, the vendor shall include EFT banking information on each invoice, only if required. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the vendor shall have submitted correct EFT banking information in accordance with the applicable MAS contract clause (FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management or FAR 52.232-34, Payment by Electronic Funds Transfer – Other than System for Award Management) or applicable agency procedure. EFT banking information is not required if the Government waived the requirement to pay by EFT.
M. Defense Priorities and Allocations System (DPAS):
This order is not rated.
N. Response Date:
Proposals are due not later than 12:00 P.M. EDT on the due date specified in the RFP Cover Letter.
Proposals shall be submitted, via email, to jessica.l.sanchez@gsa.gov .
Proposals shall be submitted in accordance with the “Instructions – Proposal Sheet” (RFP Attachment 2) to ensure a timely and complete response to this RFP.
O. Questions Regarding this RFP:
Questions regarding this RFP are due not later than 12:00 P.M. EDT on the due date specified in the RFP Cover Letter. Questions that are not received by the due date and time may not be considered.
Vendors shall submit any questions concerning this RFP to GSA in writing via email.
Question submissions should reference “47QSCC-24-R-5001 Questions” on the email subject line.
Any information given to a prospective vendor concerning this RFP will be furnished promptly to other prospective vendors as an amendment to the RFP.
All questions regarding this RFP should be directed to the GSA Contracting Officer listed below:
GSA/FAS Contracting Officer:
Jessica Sanchez, Email: jessica.l.sanchez@gsa.gov
P. Terms and Conditions:
Section P. incorporates one or more provision or clause by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a provision may be accessed electronically at: FAR website: https://www.acquisition.gov/browse/index/far
Clause or Provision
No.
Clause or Provision Title Date
52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and
Certifications (Dec 2014)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
(Nov 2021)
52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
(Nov 2021)
52.204-26 Covered Telecommunications Equipment or Services Representation
(Oct 2020)
52.211-6 Brand Name or Equal (Aug 1999) 52.212-1 Instructions to Offerors—Commercial Products and
Commercial Services (Sep 2023)
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services
(Nov 2023)
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services
(Nov 2023)
52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.225-18 Place of Manufacture (Aug 2018) 52.225-25 Prohibition on Contracting with Entities Engaging in
Certain Activities or Transactions Relating to Iran— Representation and Certification
(Jun 2020)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
| 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 or 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) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided;
and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212‐2 Evaluation – Commercial Products and Commercial Services (Nov 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(1) Standard Items Required (Sec. H)/Technical;
(2) Delivery Schedule; and
(3) Price
Per FAR 12.602(a), when using the simplified acquisition procedures in FAR Part 13, contracting officers are not required to describe the relative importance of evaluation factors.
The Government will award a single contract resulting from this RFP on a best value basis, considering price and other factors.
| 52.212‐5 | Contract | Terms | and | Conditions | Required | to | Implement | Statutes | or | |
| Executive | Orders—Commercial | Products | and | Commercial | Services | (Sep | 2023) |
a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN
2023) (Section 102 of Division R of Pub. L. 117-328).
_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV
2021) ( 31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (14) [Reserved]
_X_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV
2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (16)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV
2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (17) 52.219-8, Utilization of Small Business Concerns (SEP
2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18)
(i) 52.219-9, Small Business Subcontracting Plan (SEP
2023) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2023) of 52.219-9.
__ (19)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP
2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).
__ (23)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP
2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT
2022) ( 15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
2020) ( 15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
__ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC
2022) (E.O.13126).
__ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__ (31)
(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (32)
(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
__ (33)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
_X_ (36)
(i) 52.222-50, Combating Trafficking in Persons (NOV
2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
__ (38)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (41)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN
2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (42)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).
__ (44)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48)
(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (49)
(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (50)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC
2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
_X_ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN
2017) ( 15 U.S.C. 637(d)(13)).
__ (64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (AUG
2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (AUG
2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN
2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (SEP
2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph
(f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (AUG
2018) ( 41 U.S.C. chapter 67).
(xiv)
(A) 52.222-50, Combating Trafficking in Persons (NOV
2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222- 50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Q. Eligibility:
In order to be eligible for award, vendors must meet both of the following criteria:
a) Vendors must be able to meet the required delivery schedule date; and
b) Vendors must provide documentation that they are registered in the System for Award Management (SAM) prior to the RFP response due date and time (See RFP Section R, “SAM Registration Requirement”)
Prospective offerors that do not meet both of the above criteria are not eligible for an award under this RFP and its proposal will not be evaluated.
R. SAM Registration Requirement:
Vendors must be registered in the System for Award Management (SAM) before an award could be made to them. If a company is not currently registered in SAM, they may do so by going to the web site at SAM.gov and attaching a copy of the registration to the quote.
If vendors are not registered in SAM by the RFP due date and time, they will be considered ineligible for award and its proposal will not be evaluated. It is the vendor’s responsibility to register in SAM. GSA will not be able to assist in this process.
S. Evaluation and Basis of Award:
The evaluation procedures for this RFP are outlined in provision 52.212-2 Evaluation – Commercial Products and Commercial Services as prescribed in Section P (Terms and Conditions).
Proposals shall be submitted in accordance with the attached Proposal Sheet. The Government will evaluate all responses received using the instructions provided.
The Government may reject any or all proposals if such action is in the public interest; accept other than the lowest proposal; accept proposal without all specified requirements; and waive informalities and minor irregularities in the submitted proposals.
This acquisition has not been restricted to any brand name product. The manufacturer brand and part numbers provided in Section H. is an example of an item which will fully meet the Government’s requirement. Offerors may choose to quote the exact item provided in Section H. or may quote any item which fully meets or exceeds the salient characteristics provided in Attachment 1. Offerors who choose to quote another brand or model number shall provide a manufacturer's specification sheet with their offer for technical evaluation purposes. Any offeror who provides a substitute item and does not provide a specification sheet at the time of offer submission may be considered non-responsive and considered ineligible for award.
All substituted items and their manufacturer's specification sheet will be evaluated by a Government Subject Matter Expert to determine if the item offered fully meets or exceeds the Item Standards (Section H.). Any item which has been determined to not meet or exceed the Item Standards (Section H.) shall not be considered for award.
The Government anticipates making a single award under this acquisition.
T. List of Attachments:
1 – Brand Name or Equal Salient Characteristics 2 – Instructions Proposal Sheet
3 – Proposal Sheet
File details come from the government source that posted it. Updated .