RFQ (FA301620U0164) Vertical Lift Module.pdf

502 CONS/JBKAE FA301620U0164

JBSA Lackland, AFB Vertical Lift Module Storage System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition

Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. A separate Request for Proposal (RFP) will not be issued. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-05 and DFARS change notice 20200324. This is a notice that this purchase order is a 100% total set-aside for Women Owned Small

Business (WOSB) concerns. Only quotes submitted by WOSB concerns holding NAICS Code 493110 with a size standard of

$30M will be accepted by the Government. Any quote submitted by a contractor that is not a WOSB concern will not be considered for award. The NAICS code is 493110, General Warehousing and Storage. The PSC is N099, Installation of

Equipment - Miscellaneous. The size standard is $30M. This requirement is for the installation of Vertical Lift Module Storage

Systems, as indicated in the Statement of Work, dated 19 June 2020 (Attachment 1).

Vertical Lift Module Storage System

Brand Name or Equivalent

(The quote shall be effective for 90 days after submission of quote)

Please respond to this RFQ by emailing response to: Parie D. Reynolds at: parie.reynolds@us.af.mil, no later than Monday at

10:00 a.m. CDT, on 17 August 2020 (or at your earliest convenience possible) in order to be considered timely. Questions will be accepted no later than Monday at 10:00 a.m. CDT, on 10 August 2020. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. Please contact Parie D. Reynolds with additional questions at the above noted email address or call (210) 317-8332.

(Please provide a quote for the line item(s) listed below. Failure to quote on all line items (CLINs), comply with all terms and conditions of this may render the quote unacceptable and ineligible for award and consideration in the absence of interchanges.

ITEM DESCRIPTION QTY Unit Unit Price Extended

Amount

Vertical Lift Module and Installation, Bldg. 3885

Brand Name or Equal: Kardex Remstar

1 EA $ $

0002 Electrical Connections, Bldg. 3885 1 EA $ $

Inventory Software Modules Configuration, Bldg. 3885

1 EA $ $

0004 Desktop Computer, Bldg. 3885 1 EA $ $

Vertical Lift Module and Installation, Bldg. 10263

Brand Name or Equal: Kardex Remstar

2 EA $ $

0006 Electrical Connections, Bldg. 10263 2 EA $ $

Inventory Software Modules Configuration, Bldg. 10263

2 EA $ $

0008 Desktop Computer, Bldg. 10263 1 EA $ $

* Refer to SOW, dated 19 June 2020 TOTAL COST $ mailto:parie.reynolds@us.af.mil

Please provide the information below:

FOB

Destination

Shipping Cost

Included?

Yes

No

Pricing Quoted:

GSA Pricing

Only

Includes Open

Market Prices

Payment Terms Delivery Date

Company

Name:

DUNS #

Required Cage Code

Number:

POC:

Telephone #

E-Mail

Address:

Tax ID#:

Warranty

Information:____________________________________________________

Do you have capacity to invoice electronically through WAWF?(Yes/No)___________

Special Notes and Instructions:

1. This is a notice that this purchase order is a 100% total set-aside for WOSB concerns. Only quotes submitted by EDWOSB concerns holding NAICS Code 493110 will be accepted by the Government. Any quote submitted by a contractor that is not an EDWOSB concern will not be considered for award.

2. Basis for Award. 502 CONS/JBKAE will issue a purchase order to the vendor who is determined to offer the best value to the Government. Award type will be firm fixed priced (FFP) purchase order. Failure to acknowledge Amendments may result in your quote not being considered for award. To be eligible for award, the offeror must have current Representations and

Certifications in accordance with FAR 52.212-3. These are usually attached to the solicitation for offerors to complete;

however, in accordance with DFARS 212.301, the contracting officer will consider required data if available electronically

(up-to-date and current in the System for Award Management located at https://www.sam.gov/SAM) instead of requiring the offeror to complete these provisions and submit with proposal.

3. Best Value Determination. The offeror who is deemed responsible and responsive with the Lowest Priced, Technically

Acceptable (LPTA) quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the SOW, dated 19 June 2020

(Attachment 1). Quotes initially will be ranked from lowest to highest based on total cost. The Government will then evaluate the three lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate the next lowest priced quote until it has determined a technically acceptable quote. The evaluation will stop at the point when the

Government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Interchanges. The Government intends to award a purchase order without interchanges with respective vendors/quoters.

The Government however, reserves the right to conduct interchanges if deemed in its best interest.

5. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.beta.sam.gov/portal/public/SAM/ and provide mandatory information.

6. Brand Name or Equal. When using an “Equal product” to substitute the requested brand name product, the contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description to support equal product substitution in your RFQ submission. Details of the requesting product to fulfill requirement must be met. See SOW.

7. Notice to Offeror. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

8. Delivery/Assembly. Delivery shall be FOB Destination and included in line item (CLIN) prices, as noted above, unless otherwise and clearly noted by offeror in RFQ. All delivery, disassembly, assembly and installation shall be performed in accordance with the SOW, dated 19 June 2020 (Attachment 1).

9. Site Maintenance. Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the contractor generates shall be removed from the premises upon completion and delivery, or daily if the completion/delivery will be completed in more than one day.

10. Site Visit. Due to COVID-19 installation restrictions for visitors, a site visit will not be accomplished prior to award.

11. Completion of Work. The Contractor shall ensure that work for this project is performed in accordance with the criteria described in the SOW, dated 19 June 2020 (Attachment 1), and that all items/products in the description shall be fully operational at the completion of work for this project.

12. Product Descriptions. Product offerings must meet all descriptions and characteristics as described in the SOW, to be considered for award. Quotes submitted in response to this RFQ must include a detailed list of product specifications demonstrating that any products offered meet all descriptions and characteristics. Failure to meet the attached salient descriptions and characteristics renders the quote unacceptable.

13. The following FAR/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to https://www.acquisition.gov/ or http://farsite.hill.af.mil.)

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation (JAN 2017)

52.204-7 System for Award Management (OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law (FEB 2016)

52.211-6 Brand Name or Equal (AUG 1999)

52.212-1 Instructions to Offers – Commercial Items (JUN 2020)

52.212-2 Evaluation - Commercial Items (Oct 2014)

52.212-3 Offeror Representations and Certifications – Commercial Items (JUN 2020)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) https://www.acquisition.gov/ http://farsite.hill.af.mil/

52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (JAN 2019)

52.219-6 Deviation 201O0003 Notice to Total Small Business Set-Aside (DEVIATION 2019-O0003) (NOV 2011)

52.219-13 Notice of Set-Aside of Orders (NOV 2011)

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)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Service-Requirements (MAY 2014)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-1 Buy American – Supplies (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-3 Protest after Award (AUG 1996)

52.237-3 Continuity of Services (JAN 1991)

52.242-15 Stop-Work Order (AUG 1989)

52.243-1 Changes – Fixed-Price (AUG 1987)

52.243-4 Changes (JUN 2007)

52.246-2 Inspection of Supplies – Fixed –Price (AUG 1996)

52.246-16 Responsibility for Supplies (APR 1984)

52.247-34 FOB Destination (NOV 1991)

52.249-1 Termination for Convenience of the Government – Fixed Price (APR 1984)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

252.203-7000 Requirements Relating To Compensation of Former DoD Officials (SEP 2011)

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (DEC 2008)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

252.204-7003 Control of Government Personnel Work Product (APR 1992)

252.204-7006 Billing Instructions (OCT 2005)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material (DEC 1991)

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)

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction under any Federal Law (DEVIATION 2012-O0004) (JAN 2012)

252.211-7003 Item Unique Identification and Valuation (MAR 2016)

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

(SEP 2019)

252.215-7007 Notice of Intent to Resolicit (JUN 2012)

252.215-7008 Only One Offer (JUL 2019)

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors ((JAN 2018)

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7001 Buy America and Balance of Payments Program-Basic (DEC 2017)

252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017)

252.225-7012 Preference for Certain Domestic Commodities (DEC 2017)

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

252.225-7048 Export – Controlled Items (JUN 2013)

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (DEVIATION 2020-

O0006) (FEB 2020)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.232-7017 Accelerating Payments to Small Business Subcontractors – Prohibition on Fees and Consideration

(APR 2020)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

252.243-7001 Pricing of Contract Modifications (DEC 1991)

252.244-7000 Subcontracts for Commercial Items and Commercial Components DoD Contracts (JUN 2013)

252.247-7023 Transportation of Supplies by Sea – Basic (FEB 2019)

5352.201-9101 Ombudsman (OCT 2019)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (NOV 2012)

5352.242-9000 Contractor Access to Air Force Installations (OCT 2019)

5352.223-9001 Health and Safety on Government Installations (NOV 2012)

52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103, insert the following clause: Approval of Contract (Dec

1989). This contract is subject to the written approval of __CONTRACTING OFFICER__ and shall not be binding until so approved.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause: Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (AUG 2019)

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera

Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of

Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in

Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration

Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part

73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50

U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. 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. The

Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

ADDENDUM TO 52.212-1

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

Addendum to 52.212-1(e), Multiple Offers, is deleted in its entirety.

Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.

Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52.212-1(g), Contract Award (not applicable for Invitation for Bids) is tailored as follows: The Government intends to evaluate offers and award a contract without interchanges with offerors. Therefore, the offeror's initial offer should https://dibnet.dod.mil/ https://dibnet.dod.mil/ contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct interchanges if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(m) QUOTE PREPARATION INSTRUCTIONS.

A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein. Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.

B. SUBMISSION OF TECHNICAL PROPOSAL:

(a) Drawings, specifications and pictures shall be provided with the offeror’s quote.

(b) Quotes shall be submitted (electronic copy) to the Contract Specialist directly by emailing all required documentation to parie.reynolds@us.af.mil.

(c) All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the

RFQ.

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 Evaluation - Commercial Items (Oct 2014)

The following have been deleted:

(b) Options has been deleted in its entirety

(b)(iii) Past Performance has been deleted in its entirety

The following have been added or changed

FAR 52.212-2 EVALUATION - COMMERICIAL ITEMS ADDENDUM

Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

(a) Basis for Award. The Government intends to award one Firm Fixed Price contract for this acquisition.

Award will be made to technically acceptable Offerors who are deemed responsible in accordance with FAR 9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, and all other information required by this quote. Unless specifically identified in your quote, by submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being determined ineligible for award. This contract will be awarded as Firm Fixed Price (FFP). It is the Government's intent to evaluate quotes and award without interchanges with

Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint.

However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.

1.0 Evaluation Process. The evaluation factor and process to be used is listed below.

1.1 Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the

Government. To arrive at a decision, only the three lowest quotes will be assessed in accordance with the following evaluation factors for the award:

1.1.1 Technical Evaluation. Only the three lowest quotes will be evaluated for Technical Acceptability.

(A) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings

(i) Acceptable - The quote clearly meets the minimum requirements of the quote as listed in the attached

Attachment 1 - Statement of Work.

(ii) Unacceptable - The quote does not clearly meet the minimum requirements of this quote and its attachments.

1.1.2 Price Evaluation. Evaluations will be completed by multiplying the Offeror's unit price by the estimated quantity. An offeror's proposed TEP will be determined by multiplying the estimated quantities identified in the Schedule of Supplies by the quoted unit price for each Line Item Number (CLIN). The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

1.1.2.2 Evaluation of Factors. Offerors are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an

Acceptable/Unacceptable basis. For the technical quote to be rated as "Acceptable", the technical factor must be rated acceptable. If the technical factor is rated "Unacceptable" the overall quote will be rated as "Unacceptable".

(A) Interchanges. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

mailto:parie.reynolds@us.af.mil

(B) Factor # 1 - Submit product descriptions for each item being quoted. The Offeror shall submit product specifications that match the SOW, Statement of Work. The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in the SOW.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2019)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

__X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Jan 2017) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

(E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

(E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31

U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) 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 items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and

Option Contracts) (Aug 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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.

(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 items. 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 (Jan 2019) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000

($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

https://www.acquisition.gov/content/part-4-administrative-matters#i1122629

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement; Chapter 2 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

List of Attachments

Attachment 1, Statement of Work, dated 23 April 2020