Sol_140L5220Q0020.pdf
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- RANGELAND DRILL SEEDER Federal contract opportunity
- Solicitation number
- 140L5220Q0020
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
LDT
SHOSHONE ID 83352
400 W F STREET
BLM ID FIRE&AV TWIN FALLS (IDT00)
CODE 16. ADMINISTERED BYCODE
X
X
X
333111
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
09/08/2020 1100 MT
08/12/2020
(208) 3733914Nathaniel Bertels (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L5220Q0020
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 36 See ScheduleOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Multiple Destinations
15. DELIVER TO
BOISE ID 83709
1387 S. VINNELL WAY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
BLM ID-STATE OFC HR&ADM SVC (ID953)
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Legacy Doc #: BLM
00010 RANGELAND DRILL SEEDER 1 EA
Product/Service Code: 3710 Product/Service Description: SOIL PREPARATION
EQUIPMENT
Requisition No: 0040490796
Delivery: 12/01/2020 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Patricia Fort
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
00020 RANGELAND DRILL SEEDER 1 EA
Product/Service Code: 3710
Product/Service Description: SOIL PREPARATION
EQUIPMENT
Requisition No: 0040493054
Delivery: 07/31/2021
00030 RANGELAND DRILL SEEDER 1 EA
Product/Service Code: 3710
Product/Service Description: SOIL PREPARATION
EQUIPMENT
Requisition No: 0040493054
Delivery: 07/31/2021
00040 RANGELAND DRILL SEEDER 1 EA
Product/Service Code: 3710
Product/Service Description: SOIL PREPARATION
EQUIPMENT
Requisition No: 0040493054
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
36 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 36
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140L5220Q0020
Delivery: 07/31/2021
00050 RANGELAND DRILL SEEDER 1 EA
Product/Service Code: 3710
Product/Service Description: SOIL PREPARATION
EQUIPMENT
Requisition No: 0040493054
Delivery: 07/31/2021
00060 RANGELAND DRILL SEEDER 1 EA
Product/Service Code: 3710
Product/Service Description: SOIL PREPARATION
EQUIPMENT
Requisition No: 0040493054
Delivery: 07/31/2021
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SOLICITATION NO: 140L5220Q0020
TITLE: Rangeland Drill Seeders Page 4
INFORMATION TO PROSPECTIVE QUOTERS
This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L5220Q0020. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2020-06. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 333111. The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 1,250 employees.
Questions: Questions will only be accepted via Email with the solicitation number in the subject line to Contract Specialist, Nate Bertels at nbertels@blm.gov. Questions are to be emailed as an editable attachment no later than Monday, August 24, 2020 at 1:00PM Mountain Time.
Due Date: Tuesday, September 8, 2020 at 11:00AM Mountain Time. Quotes will be accepted via Email with the solicitation number in the subject line to Nate Bertels at nbertels@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.
In accordance with this Solicitation Section 4 - Solicitation Provisions See FAR 52.212-2 Evaluation - Commercial Items
The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.
To expedite the handling of your quotation, please check the following items:
❏ Is the unit price legible?
❏ Is the extended price correct?
❏ Have you initialed any changes or erasures?
SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION
mailto:nbertels@blm.gov mailto:nbertels@blm.gov https://www.sam.gov/
TITLE: Rangeland Drill Seeders Page 5
TABLE OF CONTENTS
Section 1: Solicitation/Contract Form See Standard Form 1449
Section 2: Contract Clauses 11
Section 3: List of Documents, Exhibits, and Other Attachments 20
Section 4: Solicitation Provisions 21
TITLE: Rangeland Drill Seeders Page 6
SECTION 1: BID SCHEDULE
Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.
RANGELAND DRILL SEEDERS
Bid Schedule
Item Number
Description Est.
Quantity Unit of Issue
Unit Price Total Cost
0001 Design, and Build Rangeland Drill Seeder per specifications provided
1 EA $
0002 Purchase of Rangeland Drill Seeders after approved design, inspection, and testing – Option 1
5 EA $
RANGELAND DRILLS Total All or None $
Item 0002 – Option 1: The option to purchase 5 additional improved rangeland drills will only be exercised upon the successful design, testing, and acceptance of Item 0001. The government reserves the right to partially or fully exercise Item 0002 – Option 1.
ESTIMATED DELIVERY DATES:
Item Number 0001: December 1, 2020
Item Number 0002: July 31, 2021
ESTIMATED INSPECTION, TESTING AND ACCEPTANCE DATE BY BLM:
Item Number 0001: March 31, 2021
ALL ITEMS TO BE DELIVERED TO:
Bureau of Land Management Shoshone Field Office 400 W F St.
Shoshone, ID 83352
FOB Point: Destination - All delivery costs must be included in the unit price for each item.
Usage Tax: Quotes must include all Federal, State usage, and local taxes.
TITLE: Rangeland Drill Seeders Page 7
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1.0 GENERAL
1.1 The purpose of this contract is to have a contractor design and build rangeland drill(s) based on the B-Box style rangeland drill (see attachment 1) designed by the Forest Service with modifications for performance improvement. Required modifications include reducing the overall drill weight, changing the disc angle to 0 degrees, reducing the drill arm weight, and decreasing the drill arm angle so that the seed has a more vertical path to the seed tubes. The purpose of the modified drill is to limit soil disturbance in sensitive areas during Government seeding operations and to provide for a shallower seed bed depth required for specific seed varieties.
1.2 Construction of the rangeland drill(s) will occur at the contractor’s facilities or subcontracted facilities.
1.3 The drill(s) shall utilize new commercially available parts and components in the design and construction of the drill(s).
1.2 Contractor shall plan accordingly for labor, equipment, tools, materials, supervision, supplies, and incidentals; and perform all work necessary to complete design, fabrication, and delivery.
1.9 The Government will have the option to inspect the contractor's work before, during, and after completion of this contract.
2.0 DETAILED SPECIFICATIONS
2.1 A list of all part numbers with an associated cost will be provided to the Government at the completion of the design of the drill. The contractor will provide specifications, part numbers, and an associated cost for any parts that need to be manufactured
2.2 The contractor shall build and provide for delivery up to Six (6) rangeland drills that meet the following specifications; once the initial designed, manufactured and approved drill (Item 0001) passes BLM inspection, testing and acceptance.
A. Machine Classification: Drill Seeder
B. Implement Specifications:
Working Width Range: 10 feet Transport Width Range: 12-13.5 feet Overall Height: 5-5.5 feet Overall Length: 9-10 feet Tongue Length: 5 feet from frame attaching to the front and rear of the frame Total Weight Range: 2000-2800 pounds Construction Material: Mild Steel Tire Size: 9.5Rx36 Rim Size: 36” 8 hole on 6” B.C.
Hub Assembly: 8 lug, 6” implement assembly that fits existing drill rims Drill Paint: John Deere Green with implement quality paint.
TITLE: Rangeland Drill Seeders Page 8
C. Disc and Arm Assembly Specifications:
Number of Discs: 10 Discs, 5 on the left and 5 on the right pushing furrow to the center
Disc Arm Weight: 25-40 pounds or as light as possible without compromising durability or strength
Disc Arm Hinge Pins: 1 inch Disc Arm Spacing: 12 inches Disc Arm Lift Lock: Drill must have a method to keep discs in lifted position when discs need to be raised for extended periods of time Disc Arm Drag Chains: ½ inch chain, 4 feet long will be utilized behind each disc for drag chains to cover the seed Disc Guards: Guards will be in place on the side and underneath of each disc arm to protect disc from building up with mud and debris Disc Size: 20 inches Disc Bore: 1 ¼ inches Disc Concavity: 0-2 inches, which ever allows for the proper furrow width and depth Disc Angle: 0-10 Degrees, parallel with direction of travel to create the least amount of disturbance but still allowing for the proper furrow size
Disc Shaft: 1inch smooth shaft with snap ring groove to retain shaft on bearing side. 1 1/16” x 1-14 NF thread on disc side
Disc Bearing: 1’ bearing with 4 hole pattern casing. RCJ1 or equivalent Disc Housing: Housing on the disc arm that retains the disc shaft and allows for the mounting of the disc bearing
D. Seed Boxes and Seed Dispersal Mechanism Specifications:
Agitators: Mechanical with agitation provided over each seed dispenser Clutch: Need the ability to engage and disengage the agitator from the drive Seed Box: Single seed box that may be split in the middle into half boxes Seed Box Lids: Must have the ability to remain open on their own and ability to be locked down Seed Cups: Opening facing the front of the drill to allow for operator to visually monitor seed dispersal Seed Tubes: Smooth plastic tubing coming from the seed cups that extend to be inserted into a larger pipe that reaches the ground directing seed into the furrows
Seed Dispersal: Adjustable roll feed to allow for seed dispersal at a rate of 4 lb./acre to 20 lb./acre
TITLE: Rangeland Drill Seeders Page 9
3.0 GOVERNMENT FURNISHED MATERIALS
3.1 A list of part numbers may be provided from the Government upon request, if available.
3.2 The Government will provide an example drill to the contractor for reference, measurements, and design purposes. The drill shall not be damaged or disassembled by the contractor. The drill provided for reference may be accessed by the contractor at the Shoshone Seed Warehouse, located in Shoshone, Idaho, by appointment. Alternatively, the Government may transport a reference drill to the contractor’s location, provided that said location is within 300 miles driving distance from the Shoshone Seed warehouse located in Shoshone, Idaho. The government will provide transportation of the reference drill back to the government upon completion of the contract or when the reference drill no longer is needed by the contractor.
3.3 The Government may provide parts to be used as a pattern in the design of the improved rangeland drill.
Any blueprints or drawing provided by the government are of the original design and do not reflect the modifications required in the final design (see section 2 Detailed Specifications).
4.0 DELIVERY
4.1 Contractor is responsible for all costs associated with loading, transport and delivery of manufactured drills to the BLM-Shoshone Seed Warehouse, 329 N. Hwy 75, Shoshone, Idaho. Please add your delivery price for unit into your bid. Contact person will be provided upon award.
4.2 The Government will provide a forklift and forklift operator for unloading manufactured drills upon delivery to the Shoshone Seed Warehouse.
5.0 EXECUTION OF WORK
5.1 Pre-Work Conference - Prior to commencement of work, a meeting may be requested by the Contracting Officer to be attended by the contractor, the Contracting Officer's Representative (COR), and the Project Inspector(s). The meeting will be held at the Shoshone Field Office, or by conference call, at a time mutually agreeable to the contractor and the Contracting Officer to discuss the work schedule and to familiarize both parties with the responsibilities of each under this contract.
6.0 QUALITY CONTROL
6.1 The Government may perform project inspection on drill fabrication at the contractor’s work site.
6.2 Contractor is responsible for design, engineering, and fabrication quality control.
6.3 The Government will approve of design and function of the equipment before the final acceptance of the rangeland drill seeder, Item 0001.
6.4 Termination for Convenience of the Government - The Contracting Officer may, by written notice to the contractor, terminate this contract, in whole or in part, when it is in the best interest of the Government.
To the extent that this contract is so terminated, the Government will be liable only for payment in accordance with the payment provisions of this contract for work satisfactorily completed prior to the effective date of termination.
6.5 Completion of Contract - The Contract will be considered completed and payment due when all 6
TITLE: Rangeland Drill Seeders Page 10 improved rangeland drills have been delivered to the required delivery location and all 6 improved rangeland drills pass inspection.
7.0 PAYMENT
7.1 Partial payment will be authorized for the design, engineering, and build of Item 001 upon inspection, testing, and acceptance by the government.
TITLE: Rangeland Drill Seeders Page 11
SECTION 2 - CONTRACT CLAUSES
1. 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): https://www.acquisition.gov/browse/index/far#
52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.217-5 Evaluation of Option (Jul 1990) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-15 Stop-Work Order (Aug 1989)
2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jul 2020)
(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)
(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
https://www.acquisition.gov/browse/index/far#
TITLE: Rangeland Drill Seeders Page 12
XX (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).
__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-3.
__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-4.
__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6. (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (iii) Alternate II (NOV 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (iii) Alternate II (MAR 2004) 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 (JUN 2020) (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 (JUN 2020) 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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).
XX (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).
TITLE: Rangeland Drill Seeders Page 13
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
XX (27) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
XX (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
XX (30) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
XX (31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).
__ (ii) Alternate I (JULY 2014) of 52.222-35.
XX (32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (JULY 2014) of 52.222-36 XX (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).
XX (35)(i) 52.222-50, Combating Trafficking in Persons (JUN 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 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.)
__ (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 (JUN 2014) 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.
XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (47) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) __ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
__ (49)(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.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
TITLE: Rangeland Drill Seeders Page 14
XX (51) 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).
__ (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. 2302 Note).
__ (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 (NOV 2007) (42 U.S.C.5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (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)(i) 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 (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:
[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
XX (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)
(29 U.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).
XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 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.
TITLE: Rangeland Drill Seeders Page 15
(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 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 (JUN 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 (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 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 (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.
TITLE: Rangeland Drill Seeders Page 16
(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.
3. 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (Aug 2012)
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.
(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.
(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
CONTRACT ADMINISTRATION DATA
1. Authorities and Delegations (Sep 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.
Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this
TITLE: Rangeland Drill Seeders Page 17 contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
2. Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)
Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
(1) Copy of Company Generated Invoice.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
3. Local Internet Payment Platform (IPP) Hotline
To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:
1. Company Name
2. Contract Number
3. Invoice Number
4. Invoice Amount
5. A brief description of why you are calling
6. Your contact information http://www.ipp.gov/ mailto:ippgroup@bos.frb.org
TITLE: Rangeland Drill Seeders Page 18
If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.
5. Government Point of Contact
Pat Fort – Contracting Officer Bureau of Land Management – Idaho State Office 1387 S. Vinnel Way Boise, Idaho 83709 208-373-3910 pfort@blm.gov
Nate Bertels – Contract Specialist Bureau of Land Management – Idaho State Office 1387 S. Vinnel Way Boise, ID 83709 208-373-3914 nbertels@blm.gov mailto:pfort@blm.gov mailto:nbertels@blm.gov
TITLE: Rangeland Drill Seeders Page 19
SPECIAL CONTRACT REQUIREMENTS
1. 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than May 28, 2021.*The time stated for completion shall include final cleanup of the premises.
2. Simultaneous Performance
If a Contractor receives award of more than one contract, simultaneous performance will be required. All work must be completed within the timeframe allowed for each contract.
3. Communications
“Time” for communications received after 3:00 pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Mountain time.
4. Safety and Quality Control Plan
Following contract award, the contractor must provide effective quality assurance and safety plans for acceptance by the Government.
5. Subcontracts
If the Contractor desires to subcontract any work under the contract and subject to the limitations of “FAR 52.219-14 Limitations on Subcontracting”, it shall obtain the Bureau of Land Management Contracting Officer's written consent.
The request to subcontract shall contain the following information:
1. Name of Sub-Contractor
2. Description and amount of supplies or services to be subcontracted. The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.
6. Responsibility for Government Property
The Contractor assumes full responsibility for and shall compensate the Government for any and all loss or damages of whatsoever kind and nature to any and all Government property, including any equipment, supplies accessories or part furnished, while in his custody and care for storage, repairs or service to be performed under the terms of this contract, resulting in whole or in part from the negligent act or omissions of Contractor, any sub- Contractor or any employee agent or representative of Contractor or sub-Contractor.
7. Confidentiality of Information
Specific site location data, which would allow location of cultural resource sites inventoried under this contract, shall not be released by the Contractor to anyone except the BLM without the written consent of the Contracting Officer. This restriction is required to minimize vulnerability of cultural resource sites to vandalism.
TITLE: Rangeland Drill Seeders Page 20
SECTION 3: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
Attachment 1 – B Box Blue Prints (attached separately as an electronic file)
TITLE: Rangeland Drill Seeders Page 21
SECTION 4: SOLICITATION PROVISIONS
1. 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(es):
https://www.acquisition.gov/browse/index/far#
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) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.212-1 Instructions to Offerors--Commercial Items (Jun 2020) 52.223-1 Biobased Product Certification (May 2012) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran -Representation and Certifications (Jun 2020)
2. Usage Tax
Quotes and/or pricing must include all Federal, State usage, and local taxes
3. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(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) 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”.
https://www.acquisition.gov/browse/index/far#
TITLE: Rangeland Drill Seeders Page 22
(d) 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.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—
(1) A description of 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).
4. 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting…
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