Solicitation No.697DCK-21-R-00279.pdf
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- Attached to
- Eltek Flatpack S-Intrepid Series Power System (1800W Model) or Equal Federal contract opportunity
- Solicitation number
- 697DCK-21-R-00279
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 2-FAA-G-2100H.pdf | ||
| Attachment 3-Vendor Response Sheet.docx | DOCX document | |
| Attachment 1-Power Rectifier Description.pdf |
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Text version
SEE ADDENDUMIS CHECKED.
CODE 17a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE 16a. CONTRACTOR/
TELEPHONE NO.
16b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
AAQ-500 - REGIONAL ACQUISITIONS
FEDERAL AVIATION ADMINISTRATION
A6973WDF
OKLAHOMA CITY OK 731798436
3601 S THOMAS RD
M F FE STOCK REC DOCK
6973WD DOT FAA AML 1040 MMAC
A6973WDF
CODE 15. ADMINISTERED BYCODE 14. DELIVER TO
X
X
SEE SCHEDULE
BLOCK IS MARKED
423690
SIZE STANDARD:
100.00% FORSET ASIDE
UNRESTRICTED
AAQ520FTW-AFN
FORT WORTH TX 76177-1524
10101 HILLWOOD PARKWAY
AAQ-500 - REGIONAL ACQUISITIONS
FEDERAL AVIATION ADMINISTRATION
RFPIFB
11. DELIVERY FOR FOB10. THIS ACQUISITION ISCODE 9. ISSUED BY
RFQ
13. METHOD OF SOLICITATION
DESTINATION UNLESS
SIC:
SMALL BUSINESS
12. DISCOUNT TERMS
06/15/2021 1400 CT
06/04/2021
817-222-4550Daniel Irungu (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 2. CONTRACT NO.
7.
6. SOLICITATION
697DCK-21-R-00279
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2
OFFEROR TO COMPLETE BLOCKS 12, 16, 22, 23, & 28
EFFECTIVE DATE
17b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 17a. UNLESS BLOCK BELOW
ISSUE DATE
23.
AMOUNT
22.
UNIT PRICE
21.
UNIT
20.
QUANTITY
19.
SCHEDULE OF SUPPLIES/SERVICES
18.
ITEM NO.
00001 The contractor shall deliver the FAA approved power rectifiers to the FAA designated location
Continued ...
27. AWARD OF CONTRACT: REFERENCE
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
Daniel H. Irungu
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
40d. TOTAL CONTAINERS40c. DATE REC'D (YY/MM/DD)
40b. RECEIVED AT (Location)
40a. RECEIVED BY (Print)
26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
38. PAID BY37. S/R VOUCHER NUMBER36. S/R ACCOUNT NUMBER
35. CHECK NUMBER
FINALCOMPLETE PARTIAL
34. PAYMENT
39c. DATE39b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
39a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32c. DATE32b. SIGNATURE OF AUTHORIZED CONTRACT AUTHORITY
REPRESENTATIVE
FINALPARTIAL
CORRECT FOR
33. AMOUNT VERIFIED 32. VOUCHER NUMBER
CONTRACT, EXCEPT AS NOTED
ACCEPTED, AND CONFORMS TO THEINSPECTEDRECEIVED
30a. QUANTITY IN COLUMN 20 HAS BEEN
29c. DATE SIGNED
28a. SIGNATURE OF OFFEROR/CONTRACTOR 29a. CONTRACT AUTHORITY (SIGNATURE OF CONTRACTING OFFICER)
28c. DATE SIGNED28b. NAME AND TITLE OF SIGNER (Type or Print) 29b. NAME OF CONTRACTING OFFICER (Type or Print)
31. SHIP NUMBER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND
CONDITIONS SPECIFIED HEREIN.
25. TOTAL AWARD AMOUNT (For Contract Authority Use Only)24. ACCOUNTING AND APPROPRIATION DATA
OFFER
ITEM NO.
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 2
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-21-R-00279
(A) (B) (C) (D) (E) (F) as requested per each delivery order issued under the Indefinite Delivery/Indefinite Quantity
(IDIQ) contract which results from this solicitation. The IDIQ contract will be valid for three years from July 01,2021 through June
30,2024. Maximum dollar threshold limit for the
IDIQ contract is $5.0M. The FAA will maintain a minimum order quantity of 100 units per each order. The product prices agreed upon award will be valid for three years after award and shipping costs will processed per each delivery order based on delivery location.
Attachment 1-Power Rectifier Description
Attachment 2-FAA-G-2100H
Attachment 3-Vendor Response Sheet
Electronic & IT: 03
Period of Performance: 07/01/2021 to 06/30/2024
Section -- - Terms and Conditions Terms and Conditions List
(a) By submission of this offer, the offeror attests that all representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the offer is submitted. The offeror shall provide immediate written notice to the Contracting Officer if at any time prior to award the offeror learns that any certification or representation in SAM was erroneous when this offer was submitted or has become erroneous by reason of changed circumstances.
(b) Clause List
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)
This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:
https://fast.faa.gov/contractclauses.cfm.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)
3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (OCT 2014)
3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2019)
3.2.2.3-1 FALSE STATEMENTS IN OFFERS (JUL 2004)
3.2.2.3-11 UNNECESSARILY ELABORATE SUBMITTALS (JUL 2004)
3.2.2.3-12 AMENDMENTS TO SCREENING INFORMATION REQUESTS (JUL 2004)
3.2.2.3-13 SUBMISSION OF INFORMATION/DOCUMENTATION/OFFERS (JUL 2004)
3.2.2.3-14 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF SUBMITTALS
(APR 2018)
3.2.2.3-16 RESTRICTING, DISCLOSING AND USING DATA (JUL 2004)
3.2.2.3-17 PREPARING OFFERS (JUL 2004)
3.2.2.3-18 PROSPECTIVE OFFEROR'S REQUESTS FOR EXPLANATIONS (MAR 2009)
3.2.2.3-19 CONTRACT AWARD (JUL 2004)
3.2.2.3-29 INTEGRITY OF UNIT PRICES (JUL 2004)
3.2.2.3-73 SHIPPING SPARE PARTS (MAR 2009)
3.2.2.3-81 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS-REPRESENTATION (OCT 2015)
3.2.2.3-82 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN
- CERTIFICATION (JUL 2012)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.2.8-1 MATERIAL REQUIREMENT (OCT 2019)
3.2.4-27 LIMITATION OF PRICE AND CONTRACTOR OBLIGATIONS (OCT 2019)
3.2.4-28 CANCELLATION OF ITEMS (OCT 2019)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)
3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2019)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)
3.2.5-14 DISPLAY OF HOTLINE POSTER(S) (APR 2008)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (JUL 2018)
3.3.1-9 INTEREST (JUL 2018)
3.3.1-10 AVAILABILITY OF FUNDS (APR 2014)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-17 PROMPT PAYMENT (JAN 2021)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(OCT 2012)
3.3.1-27 INVOICES FOR EQUIPMENT DELIVERED (JUL 2018)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD
MANAGEMENT (JUL 2018)
3.3.1-40 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (JAN 2021)
3.4.1-12 INSURANCE (OCT 2019)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT
1996)
3.4.2-7 FEDERAL, STATE, AND LOCAL TAXES - FIXED-PRICE, NONCOMPETITIVE
CONTRACT (OCT 2019)
3.5-1 AUTHORIZATION AND CONSENT (JAN 2019)
3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(JAN 2009)
3.5-3 PATENT INDEMNITY (APR 2017)
3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014)
3.6.2-4 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2018)
3.6.2-9 EQUAL OPPORTUNITY (JUL 2020)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2020)
3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)
3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (JAN 2019)
3.6.3-4 RECYCLED CONTENT PRODUCTS CERTIFICATION (OCT 2016)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (JAN 2020)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (JAN 2020)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)
3.6.3-25 AEROSOLS (OCT 2016)
3.6.4-5 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS (JUL 2010)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.4-23 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JAN 2021)
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-9 STOP-WORK ORDER (OCT 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)
3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.2-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
(APR 1996)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2019)
3.10.4-2 INSPECTION OF SUPPLIES - FIXED PRICE (NOV 1997)
3.10.4-4 INSPECTION OF SERVICES - BOTH FIXED-PRICE & COST REIMBURSEMENT (APR
1996)
3.10.4-16 RESPONSIBILITY FOR SUPPLIES (APR 1996)
3.10.4-26 TECHNICAL DATA QUALITY REQUIREMENT FOR NAS PROCUREMENTS (JAN
2004)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT
1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)
3.11-34 F.O.B. DESTINATION (APR 1999)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)
(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:
(1) Contracts written on paper and contracts in electronic form;
(2) Pen-and-ink signatures and electronic signatures; and
(3) Other legally-required written records and the same information in electronic form.
(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.
(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.
(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.
(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section
5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.
(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:
Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.
(End of Clause)
3.2.2.3-20 OFFERS (JAN 2018)
(a) The offeror (you) must submit responses to this SIR by the following electronic means daniel.irungu@faa.gov Your offer must arrive at the place and by the time specified in the SIR.
(b) Such offers must refer to this SIR and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.
(c) We may decline to consider offers that do not include required information, or that reject any of the terms, conditions and provisions of the SIR.
(d) Send your offer to daniel.irungu@faa.gov.
(e) We will not be responsible for any failure attributable to transmitting or receiving the offer, unless it falls under section (a) of AMS provision 3.2.2.3-14 "Late Submissions, Modifications, and Withdrawals of Submittals".
(End of provision)
3.2.2.3-22 PERIOD FOR ACCEPTANCE OF OFFER (OCT 2014)
The offeror (you) agrees if this offer is accepted within __________ calendar days (60 calendar days unless you insert a different period) from the date the SIR specifies for receiving offers, to provide all items for which you offer prices at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.
(End of provision)
3.2.2.3-23 PLACE OF PERFORMANCE (JUL 2004)
(a) The offeror (you), in fulfilling any contract resulting from this SIR, [ ] intends, [ ] does not intend (check applicable block) to use one or more plants or facilities located at a different address from your address as stated in this offer.
(b) If you check 'intends' in paragraph (a) above, insert the following information:
Place of Performance Street: ________________________________________ City:______________________________ State:__________ Zip Code:_______________
Name of owner and operator, if other than the owner:_________________________________________________
(End of provision)
3.2.2.7-7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (JAN 2018)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that
(i) All representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the proposal/offer is submitted. The offeror must provide immediate written notice to the Contracting Officer if at any time prior to award the Offeror and/or any of its Principals learns that any certification or representation in SAM was erroneous when this proposal/offer was submitted or has become erroneous by reason of changed circumstances. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.
(ii) The Offeror and/or any of its Principals-
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ] within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public- (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws or receiving stolen property; and
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1) (ii)(B) of this provision.
(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples-
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(E) The Offeror has [ ] has not [ ] within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) 'Principals,' for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A
MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING
OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror must provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this SIR. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing must be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this SIR for default.
(End of provision)
3.2.2.7-9 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY
OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (JAN 2017)
(a) As required by sections 745 and 746 of Title VII, Government-Wide General Provisions, of the Consolidated Appropriations Act, 2016 (Public Law 114-113), and similar provisions, if contained in subsequent appropriations acts, the FAA 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 is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the FAA is aware of the unpaid tax liability, unless the FAA 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 FAA is aware of the conviction, unless the FAA has considered suspension or debarment of the corporation and made a determination that the 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 the tax liability; and
(2) It is ____ is not ____ a corporation that was convicted of a felony criminal violation under a Federal criminal law within the preceding 24 months.
(End of provision)
3.2.4-1 TYPE OF CONTRACT (APR 1996)
The FAA contemplates award of a Fixed Price contract resulting from this Screening Information Request.
(End of provision)
3.2.4-16 ORDERING (OCT 2019)
(a) Any supplies and services to be furnished under this contract must be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract. Such orders may be issued from FAA Contracting Officers through Established POP end date.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract must control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders issued by facsimile, email or other electronic commerce methods are considered "issued" when the Government sends the order. Orders may be issued orally only if authorized in the contract.
(End of clause)
3.2.4-17 ORDER LIMITATIONS (OCT 2019)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $5.0M;
(2) Any order for a combination of items in excess of $5.0M; or
(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor must honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
3.2.4-19 REQUIREMENTS (OCT 2019)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the "Schedule" are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact must not constitute the basis for an equitable price adjustment.
(b) Delivery or performance must be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor must furnish to the Government all supplies or services specified in the "Schedule" and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government will order from the Contractor all the supplies or services specified in the "Schedule" that are required to be purchased by the Government activity or activities specified in the "Schedule."
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period must be completed by the Contractor within the time specified in the order. The contract must govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor must not be required to make any deliveries under this contract after 12/31/2025.
(End of clause)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JUL 2018)
(a) Definitions. As used in this clause
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) change the name in the SAM database;
(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
(End of Clause)
3.3.1-35 CERTIFICATION OF REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (AUG
2012)
In accordance with Clause 3.3.1-33, System for Award Management (SAM), offeror certifies that they are registered in the SAM Database and have entered all mandatory information including the DUNS or DUNS+4 Number.
Name: ______________________________
Title: _______________________________
Phone Number: _______________________
(End of provision)
3.3.1-41 ELECTRONIC INVOICING - REPRESENTATION (JAN 2021)
(a) The FAA intends to use electronic invoicing as per AMS clause 3.3.1-40 "Electronic Submission of Payment Requests" for this contract when it is awarded. Offerors must indicate whether they are currently using this form of electronic invoicing on other contract(s), or can easily adapt to it upon award of the contract. [ ] Yes [ ] No
(b) If an offeror indicates "No" the offeror must explain in this space why a waiver of this requirement should be approved in the event they were awarded the contract.
(c) Waiver requests will be handled per (f) of clause 3.3.1-40.
3.6.1-17 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE (JAN 2021)
The North American Industry Classification System (NAICS) code for this procurement is:
423690.
The small business size standard as defined by the Small Business Administration (SBA) is the following:
For NAICS codes based on SBA's calculation of annual receipts, the annual average receipts cannot exceed [ ].
For NAICS codes based on the number of employees, the average number of employees over the last twelve-month period cannot exceed 250.
(End of provision)
3.6.2-3 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION (OCT 2010)
The offeror represents as a part of this offer that the offeror:
is ( ) or is not ( ) a regular dealer in, or is ( ) or is not ( ) a manufacturer of, the supplies offered.
(End of provision)
3.6.2-5 CERTIFICATION OF NONSEGREGATED FACILITIES (MAR 2009)
(a) 'Segregated facilities,' as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the "Equal Opportunity" clause in the contract.
(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will--
(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the "Equal Opportunity" clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF
NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the "Equal Opportunity" clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
(End of provision)
3.6.2-6 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (MAY 1997)
The offeror represents that--(a) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the "Equal Opportunity" clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It ( ) has, ( ) has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of provision)
3.6.2-8 AFFIRMATIVE ACTION COMPLIANCE (APR 1996)
The offeror represents that (a) it ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision)
3.6.2-38 CERTIFICATION OF KNOWLEDGE REGARDING CHILD LABOR END PRODUCTS (JUL
2007)
(a) Definition.
"Forced or indentured child labor," as used in this clause, means all work or service:
(i) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer itself voluntarily; or
(ii) Performed by any person under the age of 18 pursuant to a contract, the enforcement of which can be accomplished by process or penalties.
(b) Listed End Products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis that the listed end products from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Product Listed Countries of Origin
(c) Certification. The FAA will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or (c)(2) of this provision.
( ) (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.
( ) (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product, and the offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture that end product.
(End of Clause)
3.6.3-20 IEEE 1680 STANDARDS FOR ENVIRONMENTAL ASSESSMENT OF ELECTRONIC
PRODUCTS (OCT 2018)
(a) Definitions. As used in this clause:
"Computer monitor" means a video display unit used with a computer.
"Desktop computer" means a computer designed for use on a desk or table, including integrated desktop computers.
"Imaging equipment" means a copier, digital duplicator, fax machine, mailing machine, multifunction device (MFD), printer or scanner.
"Notebook computer" means a portable-style or laptop-style computer system, including two-in-one products.
"Personal computer product" means a notebook computer, a desktop computer, computer monitor, slate/tablet, thin client, or workstation, and any peripheral equipment that is integral to the operation of such items. For example, the desktop computer together with the keyboard, the mouse, and the power cord would be a personal computer product.
Printers, copiers, and fax machines are not included in peripheral equipment, as used in this definition.
"Slate/tablet" means a computing device designed for portability that meets all of the following criteria:
(1) Includes an integrated display with a diagonal size greater than 6.5 inches and less than 17.4 inches;
(2) Lacking an integrated, physically attached keyboard in its as-shipped configuration;
(3) Includes and primarily relies on touchscreen input; (with optional keyboard);
(4) Includes and primarily relies on a wireless network connection (e.g., Wi-Fi, 3G, etc.); and
(5) Includes and is primarily powered by an internal battery (with connection to the mains for battery charging, not primary powering of the device).
"Television" or TV means a commercially available electronic product designed primarily for the reception and display of audiovisual signals received from terrestrial, cable, satellite, Internet Protocol TV (IPTV), or other digital or analog sources. Televisions with computer capability (e.g. computer input port) may be considered a TV as long as they are marketed and sold to consumers primarily as TVs.
"Thin Client" means an independently powered computer that relies on a connection to remote computing resources (e.g., computer server, remote workstation) to obtain primary functionality.
"Workstation" means a high-performance, single-user computer typically used for graphics, CAD, software development, financial and scientific applications among other computer intensive tasks.
(b) Under this contract, the Contractor must deliver, furnish for Government use, or furnish for contractor use at a Government-owned facility, only electronic products (e.g., personal computers, imaging equipment and televisions) or services that meet or exceed specifications, standards, or labels recommended by EPA (e.g., Electronic Product Environmental Assessment Tool (EPEAT) Bronze, Silver, or Gold electronic products) and follow the latest version of EPA's Recommendation of Specifications, Standards, and Ecolabels for electronics.
In the performance of this contract, the Contractor must:
(1) Report to the CO, with a copy to the Contracting Officer's Representative (COR), the number (by product type)of environmentally sustainable electronic products provided by the Contractor during the previous Federal government fiscal year quarter.
(2) Submit this report quarterly no later than the 15th of the month following the closing of a quarter; and
(3) Contact the CO to obtain the preferred submittal format, if that format is not specified in this contract.
(End of clause)
3.6.4-19 PROHIBITION CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES
OR TRANSACTIONS RELATED TO IRAN- REPRESENTATION AND CERTIFICATIONS (APR
2013)
(a) Definitions.
"Person"
(1) Means
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
"Sensitive Technology"
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically (i)To restrict the flow of free, unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict the speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(3)The offeror must e-mail any questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(b) Certification. Except as provided in paragraph (c) of this provision or if a waiver has been granted in accordance with AMS Iran Sanctions Guidance, by submission of its offer, the offeror
(1)Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any other entity owned or controlled by, or person controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996.
These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any other entity owned or controlled by, or person controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act 50 USC 1701 et. seq. (see the Department of the Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List on their website).
(c) The certification requirement of paragraph (b) of this provision does not apply if the acquisition is subject to the trade-related acts in AMS Trade Agreements Guidance.
(End of provision)
3.6.4-22 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (JAN 2021)
(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 AMS clause 3.6.4-23 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibitions.
(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 this prohibition will be construed to-
(i) Prohibit the head of the 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 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 part of any system or as critical technology as part of any system.
This prohibition applies to any entity that uses covered telecommunications equipment or services, including uses not in support of the Government. Nothing in this prohibition will be construed to-
(i) Prohibit the head of the 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 must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered telecommunications equipment or services.
(d) Representations.
(1) 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.
(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 must provide the additional disclosure information required at paragraph (e) if the Offeror indicates "does".
(e) Disclosures. 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 must provide the following information as part of the offer--
(1) For covered equipment
(i) 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;
(ii) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and…
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