Solicitation.pdf
PDF 330 KB Posted
- Solicitation number
- W911QX23R0042
About this file
This solicitation requests proposals for research and development services to support a Human-Artificial Intelligence Decision Support for Command and Control study. Offerors are asked to research and develop HAIDS capabilities in accordance with an attached performance work statement. The Army Research Laboratory will administer the contract, which has a one-year base period of performance from September 2023 through September 2024. Proposals are due by 11:59 AM local time on September 11, 2023. The solicitation advises that award will be made on a firm fixed price basis to the offeror best meeting the requirements. Subcontracting opportunities are not anticipated. The document provides instructions on proposal preparation and submission requirements.
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| File | Type | Posted |
|---|---|---|
| Soliciation Amendment 1.pdf | ||
| PWS.docx | DOCX document | |
| DD1423.docx | DOCX document |
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Text version
CODE
(Hour)
PAGE(S)
until 11:59 AM local time 11 Sep 2023
X
A
X B
X C X D
EX
X
G
F
26 - 27
X H adaleta.dougherty2.civ@army .mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 27
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W911QX 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
ADALETA DOUGHERTY
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 3
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 8 - 10 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 11 M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
12 - 25
PART II - CO NTRACT CLAUSES
US ARMY ACC - APG / ADELPHI CONT DIV
ACC - APG / ADELPHI DIV
2800 POWDER MILL ROAD
CCAP-SCA
ADELPHI MD 20783-1138
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.
0011993420
5. DATE ISSUED
01 Sep 2023
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W911QX23R0042
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
COMMAND AND CONTROL STUDY FOR HUMAN AI
FFP
The Contractor shall research and develop Human-Artificial Intelligence Decision
Support for Command and Control (HAIDS) in accordance with the attached
Performance Work Statement (PWS).
FOB: Destination
PURCHASE REQUEST NUMBER: 0011993420
PSC CD: AJ12
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job
DATA
FFP
The Contractor shall submit all data requirement in accordance with the attached
DD1423.
FOB: Destination
PSC CD: AJ12
NET AMT
ACC - APG POINT OF CONTACT
The ACC - APG point of contact for this action is:
Contract Specialist: Adaleta Dougherty
Telephone Number: 301-394-6305
E-mail: adaleta.dougherty2.civ@army.mil
Contracting Officer Name: Joseph Dellinger
Telephone Number: 301-394-0769
E-mail: joseph.m.dellinger2.civ@army.mil
SOLICIT ONLY ONE SOURCE
INTENT TO SOLICIT ONLY ONE SOURCE
The proposed contract action is for supplies or services for which the Government is soliciting and negotiating with only one source under the authority of FAR 13.106-1(b)(1)(i). The name of the company the Government intends to award a contract to is Research Innovations, Inc., 6363 Walker Lane, Suite 500, Alexandria, Virginia 22310 . This notice of intent is not a request for competitive proposals. However, the Government will consider all proposals received prior to the closing date and time of this solicitation.
(End of Clause)
TYPE OF CONTRACT
TYPE OF CONTRACT (Reference: 52.216-1)
This is a Firm Fixed Price (FFP) type of contract.
(End of clause)
CONTRACTING OFFICER’S REPRESEN
The COR appointed to this contract is identified below. See formal letter of appointment for authorized duties/responsibilities.
COR Name: TO BE DETERMINED (TBD)
COR Telephone: TBD
COR Email address: TBD
Section C - Descriptions and Specifications
NON-PERSONAL SERVICES
ARL/ALC/GARRISON NON-PERSONAL SERVICES (JUL 2012)
The contractor, as an independent contractor and not as an agent of the Government, shall provide the necessary resources (except those furnished by the Government) to accomplish tasks of the type set forth in the Performance
Work Statement.
Contractor employees performing services under this contract shall be controlled, directed and supervised at all times by management personnel of the contractor. The contractor's management shall ensure that employees properly comply with the performance standards outlined in this Performance Work Statement and as required by the contracting officer or the contracting officer's representative (COR). Contractor employees shall perform independent of and without the supervision of any Government official. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts
7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government shall control access to the facility and shall perform the inspection and acceptance of completed work and tasks.
Section D - Packaging and Marking
DISTRIBUTION STATEMENT A
DISTRIBUTION STATEMENT A
Determination of Contract Submission Documents and Information Generated from the Performance os the
Contract: DISTRIBUTION STATEMENT A. Approved for public release; distribution is unlimited.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
GOV INSPECTION AND ACCEPTANCE
GOVERNMENT INSPECTION AND ACCEPTANCE
Government Inspection and Acceptance shall be performed at the United States (U.S.) Army Research Laboratory
(ARL), Aberdeen Proving Ground (APG), MD, 21005 by an authorized Government Representative.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 29-SEP-2023 TO
28-SEP-2024
N/A US ARMY RESEARCH LABORATORY
CHERYL GIAMMANCO
ABERDEEN PROVING GROUND
ABERDEEN PROVING GROUND MD 21005
410-278-5963
W813LT
0002 POP 29-SEP-2023 TO
28-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
W813LT
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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.
Combo Invoice/Receiving Report https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(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.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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 financing, submit a commercial 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 HQ0490
Issue By DoDAAC W911QX
Admin DoDAAC** W911QX
Inspect By DoDAAC W813LT
Ship To Code W813LT
Ship From Code N/A
Mark For Code W813LT
Service Approver (DoDAAC) W813LT
Service Acceptor (DoDAAC) W813LT
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(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.
CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil swami.n.bandaru.civ@army.mil
Administrative/Procurement Contracting Officer: joseph.m.dellinger2.civ@army.mil
Contract Specialist: adaleta.dougherty2.civ@army.mil
Acceptor: To Be Determined (TBD)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
TAX EXEMPTION CERT. (ARL
TAX EXEMPTION CERT. (ARL)
Exemption certificate number 30005004 covers exemption from Maryland retail sales and use tax.
The Federal Tax Identification number for the Army Research Laboratory is: 53-0215803.
PAYMENT INSTRUCTIONS
PAYMENT INSTRUCTIONS
The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table at DFARS PGI 204.7108(b)(2) [link below] based on the type of payment request submitted and the type of effort.
https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions mailto:swami.n.bandaru.civ@army.mil mailto:joseph.m.dellinger2.civ@army.mil mailto:adaleta.dougherty2.civ@army.mil https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions
Section H - Special Contract Requirements
RECEIVING ROOM - APG
RECEIVING ROOM REQUIREMENTS - ALTERNATE I (APG)
At ABERDEEN PROVING GROUND truck shipments are accepted Monday through Friday (except holidays) from
8:00 AM to 3:30 PM only at Logistics Warehouse, Building 321, 6375 Johnson Road, Aberdeen Proving Ground, MD 21005. Suppliers shall affix packing slips to the outside of any packages delivered under this contract. Packing slips must be clearly identified and easy to retrieve enclosed packing papers. To coordinate/schedule deliveries, contact Bldg. 321 at 410-278-4406.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services)
JUN 2023
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.222-3 Convict Labor JUN 2003
52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020
52.222-50 Combating Trafficking in Persons NOV 2021
52.222-54 Employment Eligibility Verification MAY 2022
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.227-1 Alt I Authorization And Consent (JUN 2020) - Alternate I APR 1984
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.229-11 Tax on Certain Foreign Procurements--Notice and
Representation
JUN 2020
52.229-12 Tax on Certain Foreign Procurements FEB 2021
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JAN 2017
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.242-15 Stop-Work Order AUG 1989
52.244-6 Subcontracts for Commercial Products and Commercial
Services
JUN 2023
52.246-9 Inspection Of Research And Development (Short Form) APR 1984
52.249-5 Termination For Convenience Of The Government
(Educational And Other Nonprofit Institutions)
AUG 2016
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023
252.225-7007 Prohibition on Acquisition of Certain Items from Communist
Chinese Military Companies
DEC 2018
252.225-7048 Export-Controlled Items JUN 2013
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.235-7011 Final Scientific or Technical Report DEC 2019
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541715.
(2) The small business size standard is 1,000.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or
Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)
This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.
(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-
Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph
(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The
Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.252-2 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):
FAR: https://www.acquisition.gov/browse/index/far
DFARS: https://www.acquisition.gov/dfars
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) Definitions. As used in this clause-
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;
and serial number within the original part, lot, or batch number.
Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission
(IEC) 16022.
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:
http://www.aimglobal.org/?Reg_Authority15459 https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract line, subline, or exhibit line item No. Item description
.................N/A
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract line, subline, or exhibit line item No. Item description
.................N/A
(If items are identified in the Schedule, insert “See Schedule” in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or
(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the
Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with
ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data
Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with
ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data
Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-
STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within…
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