RFQ Combo Synopsis Solicitation_M6786124Q0014.pdf

M6786124Q0014

Combined Synopsis/Solicitation Opportunity Notice

Solicitation Number: M67861-24-Q-0014 Issue Date: 20240525 Closing Response Date: 20240526 at 12:00 pm C.S.T Anticipated award date: 20230528 Contact Point & Contracting Officer: SSgt Robles, L.; lizbeth.robles@usmc.mil Contracting Office: Marine Forces Reserve - 2000 Opelousas Ave. New Orleans, LA 70114 Requirement Description: IRT Otterville HDE Rental NAICS: 532412 Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing

This is a combined synopsis/solicitation for commercial products or 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 applicable to this announcement is M67861-24-Q-0014. This solicitation is issued as a request for quotation (RFQ). All responsible sources may submit a quotation which shall be considered by the agency. This solicitation includes all 48 pages of this document. Contact the Contracting Officer for information regarding the solicitation.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 and can be accessed at https://www.acquisition.gov/.

The Contractor’s quoted descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. The quoter must clearly demonstrate that they can meet the solicitation requirements and the requested delivery start date. The pages of this document, quoters must provide their delivery lead times after receipt of order for supplies and period of performance for services if different than requested dates listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment.

It is the Government’s intent to award a single firm-fixed price award on an “all-or-none” basis to satisfy this requirement using procedures in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures. However, the Government reserves the right to issue multiple awards if required to fulfill the solicitation requirements.

A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3) using: price and non-price factors of: technical capability and small business/socio economic status/certification. The government reserves the right to select a response that provides benefit to the government that exceeds the minimum requirements, but is not required to do so. The awarded response may exceed the identified requirements in one or more ways and may or may not provide the lowest price, but does provide benefit to the Government as determined by the KO. The Government is not bound to make award to a response that exceeds the requirements if it provides no value or benefit to the Government. The Government may use information such as DoD PPIRS, SPRS and FAPIIS data available from Government sources to evaluate a Quoter's past performance. Potential awardee will be screened for responsibility in accordance with FAR 9.104.

52.212-1 ADDENDUM

ADDENDUM- 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

GENERAL INTENTION.

Marine Forces Reserve (MFR) has a commercial requirement for delivery and lease of multiple heavy-duty material handling equipment as detailed in PWS. In accordance with FAR Parts 12 and 13, the MFR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such supplies/services. Required specifications are listed in the Schedule of Supplies/Services and SOW within this solicitation.

This requirement is not being procured as a total or partial SB set-aside in accordance with FAR 19.502-2.

However, small business size and socio-economic concern status is being included as an evaluation factor for this procurement. NAICS 532412 – “Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing” with size standard of $40.0M applies.

TECHNICAL APPROACH.

Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services.

Descriptive literature is required with all quotes for “equal” products (where “brand name or equal” items are being requested). Quoters should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation. Quoters quoting "equal" items should provide the brand/make, model, description of the items.

It is the quoters responsibility to furnish sufficient information and detailed specifications to the government to determine acceptability of the quoted item(s). Failure to provide product quotes that meet the salient characteristics may result in quote being considered non-responsive.

TECHNICAL COMPLIANCE.

To ensure technical compliance:

a. The quoter must clearly demonstrate that they can meet the solicitation requirements. The manufacturer's name and manufacturer's complete part numbers of all items quoted shall be submitted in the quote.

b. Clearly state whether the quoter can meet the requested performance start date / delivery date. Vendors who cannot meet the required date may be considered technically unacceptable.

d. All offerors must have completed the representations and certifications for provisions/clauses listed in this solicitation that require completion: Offeror(s) should complete full-text provisions/clauses included in this solicitation as applicable either:

a) manually within this solicitation document or printed and completed manually by copying and pasting from this link https://www.acquisition.gov/

b) in the System for Award Management (SAM) https://sam.gov/content/home

SOLICITATION CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE.

Potential Offerors should submit offers in the same CLIN structure as outlined in the solicitation for offer evaluation purposes. However, an alternate line-item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

PAYMENT TERMS.

NET 30. Invoices must be submitted via Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE.

FOB Destination. The Government requires the equipment to be delivered by 29 May 2024. Vendors are encouraged to state soonest date capable of guaranteeing delivery / start of performance if unable to meet RDD listed.

SUBMISSION OF QUOTES.

Quotes shall be submitted no later than the time and date specified on page 1 of the combined synopsis/solicitation document. Quotes shall be submitted electronically via electronic mail (e-mail) to SSgt Robles at lizbeth.robles@usmc.mil. Each email may not exceed 5MB in size due to this agency’s server/network restrictions.

Vendors may submit multiple emails to ensure a complete quote is received prior to the solicitation closing date and time. Vendors are responsible for ensuring their quotes have been received via email by the date and time specified on Page 1 of this combined synopsis/solicitation document. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

Quoters shall provide their full vendor name and any doing business as names as certified in https://www.acquisition.gov/ https://sam.gov/content/home mailto:lizbeth.robles@usmc.mil the mandatory System for Awards Management at www.sam.gov. Quotes shall also include a vendor point of contact information (name, phone, and email), Cage Code, and Tax ID (TIN/EIN) number.

No telephone calls will be accepted regarding this solicitation. Interested quoters shall submit any questions, in writing, electronically to SSgt Robles, L. at lizbeth.robles@usmc.mil.

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

PERFORMANCE WORK STATEMENT

HEAVY DUTY EQUIPMENT RENTAL

ISO IRT OTTERVILLE, MISSOURI

SECTION 1 - GENERAL INFORMATION

1.1 SCOPE OF WORK. Contractor shall deliver heavy duty equipment for Government operator use during

Otterville Innovation Readiness Training (IRT) Exercise in order to complete required work for a community partnership project. Contractor shall provide maintenance and replacement of equipment as needed per section 3 & 4.

1.2 CONTRACTOR POINT OF CONTACT. The contractor shall provide at least one (1) point of contact that will be available 24 hours/ 7 days per week, in case of any contingency. This POC will be on site at the time the equipment is delivered to conduct the initial inspection. The Government Point of Contact (GPOC) will communicate all issues concerning rental equipment with the contractor’s POC throughout the Period of Performance (see section 5). GPOC will be identified will be identified at award of the contract. All terms and conditions of the contract are only approved by the Contracting Officer (KO). The GPOC has no authority to change terms and conditions of the contract.

SECTION 2 - DEFINITIONS

2.1 Acceptance inspection - An inspection shall be performed on all vehicles and equipment before placing them in service at the time the equipment is delivered. This inspection shows the overall condition of the vehicle.

Discrepancies must be fixed before putting the vehicle in service, if use of the vehicle would aggravate the problem or if the discrepancy creates a safety hazard. The contractor shall provide the inspection sheets in accordance with the contractor’s standard procedures.

2.2 Accident repairs - Repairs required as a result of collision; regardless of whether the object collided with a vehicle, or whether the vehicle requiring repairs was the moving unit.

2.3 Criminal act - A violation of a civil law.

2.4 Disabled vehicle - A damaged, worn out, or malfunctioning vehicle.

2.5 Fair wear and tear - The deterioration of items attributed to normal usage.

2.6 Scheduled maintenance - Periodic prescribed inspections or servicing of equipment, accomplished on a calendar, mileage, or hours-of-operation basis.

2.7 Unscheduled maintenance - Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition.

2.8 Heavy Duty Equipment (HDE)- heavy-duty vehicles, specially designed for executing construction tasks, most frequently ones involving earthwork operations. The term vehicles throughout the SOW imply HDE.

mailto:lizbeth.robles@usmc.mil

2.9 Tractor Trailer (TT) – Contractor provided transportation to move HDE between project locations within 24 hours of notification from the GPOC

2.10 Government Point of Contact (GPOC)- is the Government’s Point of Contact assigned by the KO to oversee and report the contractor’s performance. The GPOC is NOT authorized to make any changes to this contract. Only a warranted KO is authorized to make changes to this contract. In the event the contractor effects any change at the direction of any person other than the KO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

SECTION 3 - CONTRACTOR FURNISHED ITEMS AND SERVICES

3.1 GENERAL. Contractor shall provide specified vehicles under Task 2 and all services required under Task 1 to keep the vehicles in a safe, operational condition. Vehicles will be delivered within the timeframe agreed to in this contract and must meet the minimum acceptance criteria provided herein. GPOC shall ensure keys are removed from equipment and cabs locked at the end of each workday. Equipment will be staged on county owned property or county secured lots.

3.1.1 Insurance. The contractor will carry insurance to cover the cost for replacement or repair of vehicles lost, stolen or damaged through criminal acts, natural acts (commonly called acts of God), or hostile acts. This is to preclude the government from being held liable for claims generating from any of the above.

3.1.2 Records. The contractor should maintain records of transactions with the US Government and, upon request, make such records available to properly designated contract representatives within a reasonable period of time.

3.2 RENTAL EQUIPMENT CONDITION. The following minimum criteria shall be met at the time of the acceptance inspection:

3.2.1 Condition. Both the exterior and the interior of the vehicles must be free of excessive soil, rust, and damage.

3.2.2 Safety Items. Each vehicle must meet all safety and manufacture requirements and have, as a minimum, the following safety features: seatbelts, rear view mirrors, windshield wipers, parking brake, and horn.

3.2.3 Fire Extinguishers. Due to dry, seasonal conditions during the exercise it is vital that all pieces of equipment are equipped with fire extinguishers in order to mitigate the possibility of accidental fires spreading into the surrounding vegetation.

3.2.4 Heating and Air Conditioning. As applicable, Contractor shall ensure that air conditioning systems in vehicles remain in working condition for the duration of the period of performance. If the air conditioning system in a vehicle fails during the period of performance, the contractor shall repair it, or replace the vehicle at the contractor’s option, within 8 hours. If contractor chooses to replace the vehicle, the new vehicle must meet the same standards as the vehicle being replaced. Vehicle replacement shall not result in additional costs.

SECTION 4 - TASKS

4.1 TASK 1: MAINTENANCE SERVICES. The contractor shall provide the following services:

4.1.1 Maintenance. The contractor shall perform both scheduled and unscheduled maintenance at a facility the GPOC designates or on site. The contractor will provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear such as windshield wipers, tires, headlamps, filters, fluids, and lubricants, oil changes, oil filter, etc. The Government has provided the equipment operational tempo under section 5 of this PWS in order to assist the contractor in the planning any maintenance that may be needed, schedule or unscheduled.

4.1.1.1 Initial inspection. If a vehicle fails the initial inspection due to any maintenance issues, acceptance of the equipment will not be made unless the discrepancies are corrected within 24 hours. Failure to pass the initial acceptance inspection in the timeframe specified may result in a monetary loss to the contractor, as the period of performance for that vehicle/equipment will not start until the vehicle/equipment passes the initial inspection and it is deemed 100% operational.

4.1.2 Contingency support. Contingency support includes repairs that are vital to the function of the equipment.

Diagnosed and repairs to all damaged vehicles shall be conducted in a 24-hour period after malfunction has been identified. Replacements shall be provided for all vehicles that are out of commission within the timeframe of 24 hours. If replacement vehicle cannot be provided within specified amount of time, contractor may be found in non-compliance.

4.1.3 Recovery. Upon proper notification, the contractor will recover disabled vehicles. This service should be available 24 hours a day. If the recovery service is not available 24 hours a day, alternatives shall be presented to the GPOC and decided on by the KO.

4.1.4 Accidents. Contractor shall provide an emergency contact sheet in each vehicle that the driver can provide in the event of a motor vehicle accident which lists the contractor’s contact information and procedures for handling the situation.

4.2 TASK 2: RENTAL SERVICES. The contractor shall provide the equipment that is listed below in accordance with the salient characteristics. BRAND NAME OR EQUAL IS ACCEPTABLE. Salient characteristics follow:

4.2.1 CLIN 0001: Compact Track Loader / Skidsteer : Quantity of two (2)

Brand Name Equivalent: Caterpillar 299D3 Skidsteer

• Shall include a high flow hydraulic coupler to run attachments

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

• Shall have tracks and not tires

4.2.2 CLIN 0002: Skidsteer Grapple Bucket: Quantity of one (1)

Brand Name Equivalent: Caterpillar 1883MM (74”), 285-6112; Grapple Bucket

• Shall be compatible with CLIN 0001

4.2.3 CLIN 0003: Skidsteer Forks: Quantity of one (1)

Brand Name Equivalent: Caterpillar 1438MM (57”), Heavy Duty Fork Carriage

4.2.4 CLIN 0004: Mulcher: Quantity of one (1)

Brand Name Equivalent: Caterpillar HM115

4.2.5 CLIN 0005: 84” Padfoot Drum Compactor/Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar CP68B

• Shall have an 84” padfoot drum roller

• Government will provide fuel

4.2.6 CLIN 0006: Motor Grader w/ scarifier: Quantity of two (2)

Brand Name Equivalent: Caterpillar 140M

• Shall have a blade length at least 12’

• Shall be equipped with Trimble Machine Control

• Government will provide fuel

• Shall have scarifier attachment

4.2.7 CLIN 0007: 84” Smooth Drum Compactor/Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar CS68B

• Shall have an 84” smooth drum roller

4.2.8 CLIN 0008: Wheeled Loader: Quantity of one (1)

Brand Name Equivalent: Caterpillar 926M

• Shall come equipped with bucket having at least 2.5 cubic yard (CY) capacity

• Shall have a clamshell style bucket

4.2.9 CLIN 0009: Water Truck 2000 Gallon: Quantity of one (1)

Brand Name Equivalent: Ford F650

• Fuel Type: Diesel

• Shall have automatic transmission

4.2.10 CLIN 0010: Mini-Excavator: Quantity of one (1)

Brand Name Equivalent: Caterpillar 305 CR

• Government will provide fuel

• Shall be equipped with thumb attachment

4.2.11 CLIN 0011: Bulldozer: Quantity of two (2)

Brand Name Equivalent: Caterpillar D5K

• Government will provide fuel

• Shall be equipped with Trimble Machine Control

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

• Shall have 6 way positional blade

• Shall have ripper attachment

4.2.12 CLIN 0012: Dump Truck – Articulated: Quantity of one (1) Brand Name Equivalent: Caterpillar 725

4.2.13 CLIN 0013: Tracked Excavator: Quantity of one (1)

Brand Name Equivalent: Caterpillar 316

• Government will provide fuel

• Shall be equipped with a thumb

4.2.14 CLIN 0014: Brush Cutter: Quantity of one (1)

Brand Name Equivalent: Caterpillar BR118

• Government will provide fuel

SECTION 5 - PERIOD OF PERFORMANCE

5.1 PERIOD OF PERFORMANCE. 29 May 2024 - 19 June 2024. The total rental period is for 22 days.

5.2 VEHICLE OPERATIONAL TEMPO. The vehicles will be operated for 10-hour workdays, 6 days per week.

5.3 DELIVERY & PICKUP. The contractor shall be responsible for providing operators who will pick-up and drop off the vehicles. Operator will off-load and on-load the HDE and conduct a final inspection prior to turning the equipment over to the GPOC. See para 2.1 Acceptance inspection for reference. Transportation cost is the responsibility of the contractor to and from the delivery location. Delivery location will be in vicinity of 101 Georgetown St, Otterville, MO 65348. Delivery POC phone number is TBD.

SECTION 6 - POINTS OF CONTACT

6.1. Contracting Officer (KO): SSgt Robles (504)494-5049

6.2. Government Point of Contact (GPOC): TBD

6.3. Alternate Government Point of Contact: TBD

SECTION 7- PERFORMANCE MEASUREMENT

Task or Deliverable Performance Standard Acceptable Quality Level (AQL)

Surveillance Method Performance Measure

PWS Paragraph 4.1 Equipment Maintenance Services

Adherence to full requirements of paragraph

4.1 of the PWS

98% Compliance -GPOC check.

-Operators complaints.

-Engine light checks.

100% of vehicles operational. No more than 2 operator complaints regarding equipment maintenance.

PWS para 4.1.2 Contingency support

Adhere to full requirements of paragraph

4.1.2 of the PWS

98% Compliance Government POC inspection.

Diagnosis and repairs must be conducted within 24 hours or provide replacement equipment within 24 hours.

PWS para. 4.1.3 Recovery of disabled vehicles.

Adherence to full requirements of paragraph

4.1.3 of the PWS.

98 % Compliance GPOC routine check. Recovery of unserviceable vehicles within 24 hours.

PWS Paragraph 4.2 Rental equipment list

Provide all vehicles that adhere to the salient characteristics, in the exact quantities as stated in Para 4.2 List of rental equipment

98% Compliance Initial Inspection and acceptance conducted by the GPOC.

Timely delivery of all the equipment listed on para 4.2 in accordance with section 5, Period of Performance.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Compact Track Loader / Skidsteer

FFP

-Brand Name Equivalent: Caterpillar 299D3 Skidsteer -Shall include a high flow hydraulic coupler to run attachments -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall have tracks and not tires FOB: Destination

PURCHASE REQUEST NUMBER: M294464534931

PSC CD: W038

NET AMT

0002 1 Each Skidsteer Grapple Bucket

FFP

-Brand Name Equivalent: Caterpillar 1883MM (74”), 285-6112; Grapple Bucket -Shall be compatible with CLIN 0001

FOB: Destination

0003 1 Each Skidsteer Forks

FFP

-Brand Name Equivalent: Caterpillar 1438MM (57”), Heavy Duty Fork Carriage -Shall be compatible with CLIN 0001 FOB: Destination

0004 1 Each Mulcher

FFP

-Brand Name Equivalent: Caterpillar HM115 -Shall be compatible with CLIN 0001 FOB: Destination

0005 1 Each 84” Padfoot Drum Compactor/Roller

FFP

-Brand Name Equivalent: Caterpillar CP68B -Shall have an 84” padfoot drum roller -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required FOB: Destination

0006 2 Each Motor Grader w/ Scarifier

FFP

-Brand Name Equivalent: Caterpillar 140M -Shall have a blade length at least 12’ -Shall be equipped with Trimble Machine Control -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall have scarifier attachment FOB: Destination

0007 1 Each 84” Smooth Drum Compactor/Roller

FFP

-Brand Name Equivalent: Caterpillar CS68B -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall have an 84” smooth drum roller FOB: Destination

0008 1 Each Wheeled Loader

FFP

-Brand Name Equivalent: Caterpillar 926M -Shall come equipped with bucket having at least 2.5 cubic yard (CY) capacity -Shall have a clamshell style bucket -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required FOB: Destination

0009 1 Each Water Truck 2000 Gallon

FFP

-Brand Name Equivalent: Ford F650 -Fuel Type: Diesel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall have automatic transmission FOB: Destination

0010 1 Each Mini-Excavator

FFP

-Brand Name Equivalent: Caterpillar 305 CR -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall be equipped with thumb attachment FOB: Destination

0011 2 Each Bulldozer

FFP

-Brand Name Equivalent: Caterpillar D5K -Government will provide fuel -Shall be equipped with Trimble Machine Control -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall have 6 way positional blade -Shall have ripper attachment FOB: Destination

0012 1 Each Dump Truck – Articulated

FFP

-Brand Name Equivalent: Caterpillar 725 -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required FOB: Destination

0013 1 Each Tracked Excavator

FFP

-Brand Name Equivalent: Caterpillar 316 -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall be equipped with a thumb

FOB: Destination

0014 1 Each Brush Cutter

FFP

-Brand Name Equivalent: Caterpillar BR118 -Government will provide fuel -Contractor will provide Diesel Exhaust Fluid (DEF) if required -Shall be compatible with CLIN 0001 FOB: Destination

0015 1 Each Misc.

FFP

-Delivery -Pick-Up FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 29-MAY-2024 2 IRT (CLR-45/4TH MLG)

CWO3 KOLLIN CRAIG

101 GEORGETOWN ST

OTTERVILLE MO 65348

FOB: Destination

M29446

0002 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0003 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0004 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0005 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0006 29-MAY-2024 2 (SAME AS PREVIOUS LOCATION)

0007 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0008 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0009 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0010 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0011 29-MAY-2024 2 (SAME AS PREVIOUS LOCATION)

0012 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0013 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0014 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

0015 29-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 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 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 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

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 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

252.225-7972 (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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

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

https://www.sam.gov/

(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, in NO relative order of importance [see FAR 13.106-1(a)(2)(iii)], shall be used to evaluate offers:

(i) technical capability of the items offered to meet the Government requirement;

(ii) price;

(iii) small business size and socio-economic concern status

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 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 http://www.sam.gov/ 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)…