Solicitation.pdf

DEPARTMENT OF THE AIR FORCE

Maryland Air National Guard

2701 EASTERN BOULEVARD

BALTIMORE MARYLAND 21220-2899

REQUEST FOR PROPOSAL – PORTABLE FIRE SUPPRESSION EQUIPMENT

SERVICES W50S82-21-Q-0H5T

TABLE OF CONTENTS

1. Statement of Need/ Required Agreement Line Items

2. Type of Contract

3. Important Dates

4. Inspection and Acceptance

5. Limitation of Authority

6. Basis of Award

7. Special Instructions

8. Agreement Clauses

9. Maryland ANG Points of Contact

1. STATEMENT OF NEED/ REQUIRED AGREEMENTLINE ITEMS

Using FAR Part 13, Simplified Acquisition Procedures, the Maryland Air National Guard is issuing a Request for Proposal (RFP) for Portable Fire Suppression Equipment Services.

The contractor shall provide all personnel, equipment, tools, materials, quality control and supervision necessary to perform Portable Fire Suppression Equipment Services. The Government intends to enter into a Firm Fixed Price purchase order.

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. Interested parties must quote on all request outlined in the Statement of Work. Award will be made based on overall best value to the government.

The Government intends to award without discussions.

This requirement is set aside for Total Small Business

NAICS: 811310

Small Business Size Standard: $8M

The Contractor shall provide all products in accordance with the specification and Agreement Line

Item Numbers (CLINs) listed below. The Contractor shall implement Fire Extinguisher Yearly

Cost in Attachment A, for all option years.

The Maryland Air National Guard will evaluate the Portable Fire Suppression Equipment Services on the basis of information furnished by the vendor. The Maryland Air National Guard is not responsible for locating or obtaining any information not identified in the proposal. Each CLIN must specify both a unit price and total price.

CLIN STRUCTURE

CLIN

DESCRIPTION

QTY

UNIT OF ISSUE

UNIT PRICE

CLIN0001

FY 2021

Portable Fire

Suppression Equipment

Services

1 Job $0.00

CLIN1001

Option Year 1

FY 2022

Portable Fire

Suppression Equipment

Services

1 Job $0.00

CLIN2001

Option Year 2

FY 2023

Services

1 Job $0.00

CLIN3001

Option Year 3

FY 2024

Services

1 Job $0.00

CLIN4001

Option Year 4

FY 2025

Services

1 Job $0.00

TOTAL COST ----- ----- $0.00

Vendor to fill out the unit costs on Attachment A

2. TYPE OF CONTRACT

This will be a firm fixed price (FFP) purchase order using NAICS code 811310 – “Commercial and Industrial Machinery and Equipment.”

3. IMPORTANT DATES

RFP Closing Date: 20 May 2021 at 12:00 P.M EST is the proposal submission cut-off. ANY

PRICE QUOTES/PROPOSALS RECEIVED AFTER THIS TIME WILL NOT BE ACCEPTED.

Questions are due NLT 14 May 2021 at 12:00 PM EST

Anticipated Award Date: No later than 22 May 2021

4. INSPECTION AND ACCEPTANCE:

Inspection and acceptance of the products and services to be furnished shall be performed by a designated Government official. The Contracting Officer or designated Government official may inspect all received items to ensure the deliverables meet the MDANG specification requirement and any aspect of performance under this agreement at any time. Government inspection and acceptance for all contractual items listed herein will be at destination.

5. LIMITATION OF AUTHORITY

No person in the Government, other than a Contracting Officer, has the authority to provide direction to the Contractor, which alters the Contractor’s obligations or changes this agreement in any way. If any person representing the Government, other than the Contracting Officer, attempts to alter agreement obligations, change the agreement specifications/statement of work or tells the

Contractor to perform some effort which the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the Contracting Officer and receive direction from the Contracting Officer.

BASIS OF AWARD:

The Government intends to award one Firm-Fixed Price (FFP) contract resulting from this solicitation to the responsible vendors whose proposals conforming to the solicitation while meeting all the technical requirements of the solicitation and the performance work statement. All items listed above will be awarded as “all or nothing”. Proposals will be evaluated pursuant to FAR

PART 13 procedures.

Technical Acceptability: For a proposal to be determined technically acceptable, the proposed services must meet or exceed the minimum specifications and requirements set forth in the attached performance work statement.

The Firm Fixed Price contract will be made to the responsible offeror whose proposal represents the best value to the Government on the basis of the lowest evaluated price while meeting the technical objectives of the performance work statement.

Instructions to Vendor: All vendors must submit electronic proposals in with following:

(a) Administrative Cover Letter that includes the following:

• Complete Business Mailing Address

• Tax identification number (TIN)

• Dun & Bradstreet Number (DUNS)

• Cage Code/NAICS Code

• Contact Name, Phone, Fax, and email address

VENDOR CERTIFICATIONS:

Prior to award, the vendor must be currently registered in the System for Award Management

(SAM) at https://www.sam.gov. The Government reserves the right to award on a multiple award or an all or none basis. If you need to obtain or renew a DUNS number or CAGE code, please visit https://www.sam.gov. Lack of current registration in the SAM database will make an offeror ineligible for award.

SUBMIT PROPOSAL TO THE FOLLOWING POC:

CONTRACTING OFFICER:

1ST Lt Kerry Guy

175 WG/MSC

2701 Eastern Blvd

Baltimore, MD 21220 Telephone:

410-918-6284 kerry.guy@us.af.mil

CONTRACTING SPECIALIST

MSgt Cory Silfies

175 WG/MSC

2701 Eastern Blvd

Baltimore, MD 21220

Telephone: 410-918-6284

Cory.silfies@us.af.mil

6. SPECIAL INSTRUCTIONS/ADDITIONAL INFORMATION

(a) The MDANG POC is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other terms and conditions of the contract.

(b) Tax Exemption Status: MDANG is an activity of the Federal Government. As such, state agencies are precluded from taxing them by reason of the Supreme Court decision in McCullough v.

Maryland, 17 US 313 (1817). In addition, the various states have codified this immunity by appropriate statutes.

(c) Invoice Submission: Invoices shall be submitted electronically through Wide Area Work Flow

(WAWF) in accordance with instructions found in DFARS Clause 252.232-7006 (see section d below).

(d) Agreement Clauses: The following additional Federal Acquisition Regulation (FAR) and Defense

FAR Supplement (DFARS) clauses apply to this acquisition.

https://www.sam.gov/

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards;

52.204-18 Commercial and Government Entity Code Maintenance;

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations;

52.212-4 Agreement Terms and Conditions Commercial Items;

52.212-5 Agreement Terms and Conditions Required to Implement Statutes or Executive Orders

Commercial Items (Dev,);

52.219-6 Notice of Total Small Business Set- Aside

52.219-28 Post Award Small Business Program Representation

52.222-3 Convict Labor;

52.222-19 Child Labor-Cooperation with Authorities and Remedies;

52.222-21 Prohibition of Segregated Facilities;

52.222-26 Equal Opportunity;

52.222-36 Equal Opportunities for Workers with Disabilities;

52.222-50 Combating Trafficking in Persons;

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving;

52.225-13 Restrictions on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration;

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3 Protest After Award;

52.233-4 Applicable Law for Breach of Agreement Claim;

52.252-2 Clauses Incorporated by Reference, http://www.acquisition.gov

52.252-6 Authorized Deviations in Clauses;

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008

Contract-Related Felonies

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

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7004 Display of Hotline Posters OCT 2013

252.204-7000 Disclosure Of Information OCT 2013

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor OCT 2013

Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident OCT 2013

Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2013

Support

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The OCT 2015

Government of a Country that is a State Sponsor of Terrorism

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014

Hazardous Materials

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic SEP 2004

Enterprises, and Native Hawaiian Small Business Concerns

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial FEB 2014

Computer Software Documentation

252.227-7013 Rights in Bid or Proposal Information JAN 2011

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished MAY 2013

Information Marked with Restrictive Legends

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2013

252.227-7039 Patents--Reporting Of Subject Inventions APR 1990

252.232-7000 Advanced Payment Pool DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

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

252.239-7000 Protection Against Compromising Emanations JUN 2004

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.239-7018 Supply Chain Risk OCT 2015

252.242-7006 Accounting System Administration FEB 2012

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.244-7001 Contractor Purchasing System Administration MAY 2014

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment.

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Aug 2020)

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 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— https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408 instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

“will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the

OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(End of provision)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term agreement means a agreement of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to

Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the

Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the agreement to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the agreement to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the agreement for exercising any option thereafter. (c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System

(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for an agreement other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the

Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the agreement number and the date on which the representation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 811310-assigned to agreement number W50S82-21-Q-0H5T.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for selfregistration 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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/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. ____________________________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

Invoice 2in1

(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.

[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 W50S82

Admin DoDAAC W50S82

Inspect By DoDAAC W50S82

Ship To Code W50S82

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate agreement line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(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 activity's WAWF point of contact.

N/A

For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Attachment:

1) Performance Work Statement

2) WDOL

3) CLIN Price Breakout