RFQ- Manhole Support Trailer.pdf
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- Manhole Support Trailer Federal contract opportunity
- Solicitation number
- FA301622U0270
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Request for Quote: FA301622U0270
Manhole Support Trailer
BRAND NAME OR EQUIVALENT
(The quote shall be effective for 30 days after submission of quote)
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 and a separate Request for Proposal (RFP) will not be issued. The solicitation number is FA301622U0270 and is issued as a Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2022-06 and DFARS change notice 20220623. This purchase is restricted to Small Business concerns. This NAICS code is 333924 with a size standard of 750 employees. This is a requirement for purchase of a manhole support trailer.
(Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration.)
NOTE
• Brand names noted in this RFQ are not required. Any brand names, trade names, part numbers or model numbers used in this RFQ are strictly for the purpose of describing and establishing standards of quality, performance, characteristics and/or specifications desired. Such brand or trade names are not intended to limit or restrict competition, they are only provided to assist interested parties in quoting on this RFQ. Quoters may submit quotes for any products substantially equivalent to those specified in the RFQ. Quoters must provide documentation/literature if not quoting exact match.
• For all EQUIVALENT products offered, follow instructions below in section 7 of Special Notes and
Instructions
• All EQUIVALENT product offerings must meet the salient characteristics listed below in section 8 of Special Notes and Instructions
CLIN Product QTY Unit Unit Price Extended Amount
MFR: Team FENEX Model: #F-151KUG-5AC Gas Operated Manhole Support Trailer
BRAND NAME OR EQUIVALENT
See salient characteristics in section 8
01 Each
0002 Shipping/Delivery 01 Each
TOTAL
Please provide the information below:
FOB Destination Shipping Cost Included? Yes No
Payment Terms: Delivery Date:
Company Name: UEI#
Cage Code:
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. Small Business Set-Aside. This is a notice that this is a total set-aside for Small Business Concerns. Only quotes submitted by Small Business Concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a Small Business Concern will not be considered for award.
2. Site Visit: N/A
3. Questions. All questions pertaining to this RFQ shall be submitted in writing no later than 10:00 AM CDT, Thursday, 11 August 2022 to both heleyna.capdesuner.1@us.af.mil and katherine.zabawa@us.af.mil. Questions submitted beyond this deadline may not be accepted. Following the deadline, we will compile all appropriate/relevant questions to the requirement and post answers on SAM.gov.
4. Quote Preparation Instructions. Please respond to this RFQ by emailing response to Contract Specialist Heleyna Capdesuner at heleyna.capdesuner.1@us.af.mil and Contracting Officer Katherine Zabawa at katherine.zabawa@us.af.mil no later than 10:00 am CDT, Wednesday, 17 August 2022 (or sooner if possible) in order to be considered timely. Offerors response to this RFQ shall include both a Price Quote and a Technical Quote. 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 finalized, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received.
5. Basis for Award. 502d CONS/JBKAB will issue one firm fixed price purchase order to the vendor who is found to be responsive, responsible, and who provides the best value at the lowest fair and reasonable price for the requirement. The Government intends to make one (1) single award from the solicitation based on available funds.
6. Best Value Determination. For this procurement, Best Value determination will be made based on reasonable priced, Technically Acceptable quotes. The following factors shall be used to evaluate quotes: technical acceptability and reasonable pricing. Only technically acceptable and reasonable quotes are eligible for award and only quotes received from Quoters that provide unit pricing for all CLINs will be considered.
a. The following process will be followed:
(i) Quotes will be reviewed to ensure that all line items have been priced. Quoters that submitted prices for ALL line items will initially be ranked based on total evaluated price
(TEP). TEP will be determined by adding all the line items unit prices for an overall amount, and then all quotes will be ranked lowest to highest.
(ii) If three (3) or fewer quotes are received, the government will evaluate all quotes for technical acceptability. If more than three (3) quotes are received, the government will evaluate the three (3) lowest ranked quotes for technical acceptability, however the government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the Government’s best interest. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of rank as detailed in 6a(i).
(iii) The technical acceptability team will evaluate the factors identified below. For the quote to be technically acceptable, each technical factor must be rated as acceptable. The failure of a Quoter to meet any or all of the technical criteria will result in a technically unacceptable rating and be ineligible for award. The technical factors will receive one of the ratings listed below:
Acceptable: Quote clearly meets the minimum requirement of the solicitation Unacceptable: Quote does not clearly meet the minimum requirements of the solicitation
(iv) Technical Factor. The Government will evaluate the quotes for technical acceptability, assigning ratings as described in paragraph 6a(iii) above. The failure of a quote to meet any or all of the technical criteria will result in a technically unacceptable rating and preclude award.
FACTOR 1 – Brand Name or Equivalent. All items quoted shall either match the brand name/model numbers specified within the CLIN table, or substitute an equivalent product that meets ALL the salient characteristics listed in Section 8.
The standard has been met when: Quoters submit a quote matching the brand name/model numbers specified within the CLIN table, or substituting equivalent products. Quotes for equivalent products include sufficient information to describe the equivalent product and show that ALL salient characteristics in Section 8 are fully met.
(v) Price Reasonableness. 502 CONS/JBKAB, using one or more of the techniques defined in FAR 13.106-3 and/or 15.404-1, will determine if the lowest priced, technically acceptable quotes are fair and reasonable.
7. Brand Name or Equivalent. When using an “Equivalent product” to substitute the requested brand name product, the contractor must include, at a minimum, 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 Salient characteristics below.
8. Salient Characteristics. Equivalent offers must meet the below salient characteristics to be considered an equivalent. Failure to meet the below characteristics renders the quote as unacceptable.
• Unit must include the following in frame storage for: suction hoses, extension planks, plank supports;
slide out storage drawer for submersible water pump; self-storage for blower hose, in body storage for discharge water hoses, cords, strainers etc.
• The base control box needs to include a main breaker, 3 each 120 VAC 20 AMP GFI duplex receptacles with 20 AMP breakers and 1-12VDC meter; 2-AMMETERS AC 0-50, 1-VOLTMETER AC 0-300, 1 frequency meter, 1-Hour meter, 10 AMP 12 VDC circuit breaker, Start/Stop switch, panel light.
• The generator power system needs to be gasoline, fuel injected, 15KW single phase 120/240 VAC with two 20-gallon tanks and fuel gauge that has locking gas caps.
• The trailer should have a standard axle: 6000 LB. beam, with EZ-LUBE spindles, ST225/75R15 tires/wheels that are 15”, 6 lugs on 5 ½ centers; electric brake system with adjustable 3” lunette eye; tail light connector; 7 prong SAE J560 specific for electric brakes with standard trailer lights; the Tongue Jack must be rated at 1,500 lbs. or more and safety chain assembly, 5/16 X48” long with safety hooks.
• The ventilation/heating/cooling systems must have a 2-speed blower with hot water heat exchanger and a 3000W electric heat boost; the A/C must be rated 60,000 BTU, 5 ton that includes a 12” X 25’ blower hose and an additional 8” X 25’ blower hose and a tool lubricator, in line with above air systems (cools system).
• The unit must have the following compressed air systems and options: A single 1 & ½ HP oil type, 5.0
• C.F.M. @ 100 P.S.I; air hose reel with ¼ x 25’ hose, with quick connector that is labeled for dry air system; Air hose reel with ¼ X 25’ hose with quick connector labeled for tool air system; a heatless dryer system, 1.7 C.F.M. at 30 PSI-6” towers and an Air Chuck with quick connect fitting, moisture indicator mounted on the dryer.
• The water pumping system needs the following: a submersible 1 ½ HP 220 VAC, 2.0 HP with a 3” Discharge, at 145 GPM/81 lbs. A discharge hose that needs to be quick connect type on both ends that is 3” X 50’ and includes a 3” quick connect strainer.
• The unit needs safety and work lights that are standard street side lights that are height adjustable with 2 flag holders. Included will be a dual 1000W floodlight with one 120V strobe rotating beacon light and there needs to be inside storage for the flood/strobe and rotating beacon lights with the interior compartment provided having its own 12 VDC light.
• The following will be the final additional accessories required of the unit: A manhole guardrail made of steel; aluminum manhole plank supports; aluminum manhole extension planks telescoping 4-6’; an aluminum 10” manhole rim with seal; a pair of rubber wheel chock assemblys that have a storage area provided; a solar battery charger; a 25’ 110 VAC, 15 Amp GFI protected power cord with one receptacle;
one safety cone storage bracket; a 500 lbs. limit JIB crane with stabilizer that has a total reach of 72” that includes a remote; a spare tire and wheel with storage and safety tape package (rear bumper)
9. Discussions/Interchanges. The Government intends to award a purchase order without discussions or interchanges with respective vendors/quoters. The Government however reserves the right to conduct discussions if deemed in the best interest. The Government may consider, throughout the evaluation, the “correction potential” of any quotes. The judgement of such “correctional potential” is within the sole discretion of the Government and may be held with all, some, or none of the Quoters. If any aspect of a Quoter’s quote does not meet the Government requirements and is not considered correctable, the quote will be ineligible for award.
10. 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.sam.gov/SAM/ and provide mandatory information.
11. Delivery. 60 days ARO. Delivery shall be FOB Destination and included in CLIN prices noted above, unless otherwise and clearly noted by quoter in submitted quote.
12. Site Maintenance: N/A
13. The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation:
(For full text references, go to www.acquisition.gov.)
https://www.sam.gov/SAM/
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management.
52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting.
52.204-18 Commercial and Government Entity Code Maintenance.
52.204-19 Incorporation by Reference of Representations and Certifications.
52.204-22 Alternative Line Item Proposal 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-6 Brand Name or Equal 52.211-17 Delivery of Excess Quantities 52.212-1 Instructions to Offerors—Commercial Items 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services—Alt I 52.212-4 Contract Terms and Condition—Commercial Items 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
252.204-7003 Control of Government Personnel Work Product 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
252.211-7003 Item Unique Identification and Valuation 252.213-7000 Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System- Statistical Reporting in Past Performance Evaluations 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
252.223-7008 Prohibition of Hexavalent Chromium.
252.225-7001 Buy American and Balance of Payments Program.
252.225-7002 Qualifying Country Sources as Subcontractors.
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
252.225-7036 Buy American—Free Trade Agreements--Balance of Payments Program--Basic 252.225-7048 Export-Controlled Items.
252.225-7055 Representation Regarding Business Operations with the Maduro Regime 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.225-7972 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) 252.225-7973 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
252.232-7010 Levies on Contract Payments.
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees 252.243-7001 Pricing of Contract Modifications.
252.244-7000 Subcontracts for Commercial Items 252.246-7008 Sources of Electronic Parts 252.247-7023 Transportation of Supplies by Sea 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)
CLAUSES IN 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 or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/
(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)
Addendum to FAR 52.212-4 Contract Term and Conditions—Commercial Items (Nov 2021) Paragraph (c) of Clause 52.212-4 is tailored as follows:
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc.
which may be changed unilaterally by the Government.
(End of Addendum)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products (May 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.
L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (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 (Nov 2021) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).
_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
_x_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
___x_(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (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.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
_x_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 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. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215- 2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(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 (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627)
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 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 (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Jun 2020) ( 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 (Nov 2021) ( 46 U.S.C.
55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(s) www.acquisition.gov (End of provision)
52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov (End of Clause)
52.252-5 Authorized Deviations in Provisions (Nov 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement(48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
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 (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.232-7006 Wide Area WorkFlow Payment Instructions. (Dec 2018)
(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
INVOICE AND RECEIVING REPORT-COMBO
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
_N/A___
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC || __F87700__ | | Issue By DoDAAC || __FA3016__ | | Admin DoDAAC || __FA3016__ | | Inspect By DoDAAC || __F2M3U2__ | | Ship To Code || __ F2M3U2 __ |
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.
__Requestor/Customer: TBD__ (Contracting Officer: Insert applicable information or Not applicable.)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
5352.201-9101 Ombudsman (Oct 2019)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from quoters, potential quotes, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Mr.
David E. Jones, Deputy Director of Contracting, AFICA/KT, 2035 First Street West, JBSA Randolph TX 78150- 4304, telephone 210-652-1722, david.jones.3@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer
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