Solicitation W15QKN-23-Q-5044 Ithaca NY Grounds.pdf
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- Grounds Maintenance Services - Ithaca, NY Federal contract opportunity
- Solicitation number
- W15QKN-23-Q-5044
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Solicitation Amendment P00001 W15QKN-23-Q-5044 Ithaca NY.pdf | ||
| QA Ithaca NY.pdf | ||
| PWS-Grounds Ithaca- FY23.pdf | ||
| NY032- Ithaca Map.pdf | ||
| WD 4015-4153 (rev-20) 12-27-22.pdf |
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SEE ADDENDUM
(No Collect Calls)
W15QKN23Q5044 28-Feb-2023
b. TELEPHONE NUMBER
609-562-5014
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 21 Mar 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W15QKN9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JASMINE BROWNE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011889645
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY CONTRACTING COMMAND
5418 S. SCOTT PLAZA
JOINT BASE MDL NJ 08640
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W56D5Q 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
99TH REGIONAL SUPPORT COMMAND
99TH READINESS DIVISION
101 SUNRISE ROAD
ITHACA NY 14850
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,500,000
NAICS:
561730
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W15QKN23Q5044
Section SF 30 - BLOCK 14 CONTINUATION PAGE
INSTRUCTIONS TO OFFERORS
***THIS REQUIREMENT IS A 100% SMALL BUSINESS SET ASIDE***
Note: See and complete all applicable areas within Federal Acquisition Regulation (FAR) 52.204-24 and 52.204-26. As a result of interim FAR rule 2019-009, published on 14 July 2020 and effective on 13 August 2020, Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment Clauses, these clauses are included.
IMPORTANT INFORMATION: This contract is a firm fixed price contract. Equitable adjustments due to unforeseen inflation in the option will not be applicable to this action after contract award. It is the offerors responsibility to account for projected out year inflation, as necessary, when submitting their quote/proposal. This a base year contract with 5 option years. The Government has the unilateral right to exercise these options. Failure to accept an option offered by the Government, may be grounds for termination for cause and negative past performance into CPARS.
1. The purpose of this solicitation is to procure Grounds Maintenance Services for the 99th Readiness Division (RD) at the SSG Reynolds J. King United States Army Reserve Center (USARC) located at 101 Sunrise Road, Ithaca, NY 14850-3106. The contractor shall provide all personnel, supplies, supervision, tools, materials, equipment, transportation, fuel and other items necessary to provide grounds maintenance services in accordance with the Performance Work Statement (PWS).
2. The Government intends to award a single, Firm-Fixed-Price (FFP) requirements contract. The period of performance for this effort shall be a 12-month base period and four, 12-month option periods from date of contract award. Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at:
https://www.sam.gov. Your company must be certified as a Small Business under the corresponding NAICS Code for this requirement in order to be considered for award. Please reference FAR 52.212-3, Offeror Representations and Certifications -Commercial Products and Commercial Services, to ensure your company size is accurately stated.
3. See Federal Acquisition Regulation (FAR) 52.212-1 - Instructions to Offerors, FAR 52.212-1 Addendum for instructions to offerors and FAR 52.212-2, Addendum for evaluation criteria.
4. Contractor quotes must include:
a) Unit and extended pricing for all Contract Line-Item Numbers (CLINs) for the base and option periods can be found in this solicitation. Insert proposed fixed-price unit and extended prices for each Contract Line-Item Number (CLIN), to include the base period and all option periods. Prices shall not extend past the second decimal point for unit and extended amounts. The proposed price shall include all personnel, supplies, services, management, overhead, other directs costs, G&A, and profit to fulfill the contractual requirements of Performance Work Statement and any Technical Exhibits.
b) CAGE Code, UEI Number, business-size standard, any small business preference such as 8(a) certified, HUBZone Certified, WOSB, etc.) and any other particular terms not mentioned in this quote.
c) Complete blocks 12, 17 and 30 of the SF1449 as well as any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.
d) Technical Capability Statement to include: CAGE Code, Unique Entity ID (UEI), and business-size standard under the applicable NAICS: 561730 – Landscaping Services and a description of your ability to perform the services to include any subcontracting.
5. A site visit will be available on Wednesday 8 March 2023 at 11:00AM EST. All requests shall be submitted via email to the Contract Specialist and the Region Facility Operation Specialist (RFOS), John Granata (585) 944-9099, john.f.granata.ctr@army.mil Visitors must have a valid driver’s license or state issued identification.
mailto:john.f.granata.ctr@army.mil
6. Questions regarding this solicitation shall be submitted via email no later than 12:00P.M. EST on 13 March 2023 to Jasmine Browne, Contract Specialist, at jasmine.m.browne.civ@army.mil and Stephanie M. Howell, Contracting Officer, at stephanie.m.howell2.civ@army.mil.
7. All services shall be performed in accordance with the Performance Work Statement.
8. All offeror’s quotes shall remain valid for 120 calendar days.
9. Attachments:
- PWS-Grounds Ithaca- FY23
- NY032- Ithaca Map
- WD 4015-4153 (rev-20) 12-27-22
10. Proposals shall be submitted via email no later than the date specified on the front page of this solicitation. Send the quote to Jasmine Browne jasmine.m.browne.civ@army.mil and Stephanie Howell stephanie.m.howell2.civ@army.mil.
11. The Procurement Integrated Enterprise Environment (PIEE) (https://piee.eb.mil) is the Department’s core tool for facilitating full utilization of electronic processing of data and documents in the Procure-to-Pay environment.
Within that environment, we developed the Solicitation Module to provide a capability for secure, timestamped submission of contractor proposals for DOD contracting offices. The Solicitation Module enables posting of solicitations to a widespread or restricted audience. This includes the ability to post draft or final solicitations, amendments, and attachments. Government users can designate either the entire solicitation or specific attachments as limited to use by specific companies. Contractors must submit their proposals via the portal and contracting personnel are then able to use the portal to distribute proposals to reviewers. A Proposal Manager must submit the proposal but must not wait until the final due date for submission, these proposals will be processed prior to the Contracting Office having viewing access. To ensure your proposal reaches the Contracting Office by the due date do not wait until the final moment.
CONTRACT ADMINISTRATION
Contracting Officer Name: Stephanie M. Howell Phone: (609) 562-5335 Email: stephanie.m.howell2.civ@army.mil
Contract Specialist Name: Jasmine M. Browne Phone: (609) 562-3133 Email: jasmine.m.browne.civ@army.mil
99th Program Analyst/Technical POC Name: Michael Fabozzi Phone: (609) 562-7757 Email: michael.s.fabozzi.civ@army.mil
RFOS/COR Site Visit Point of Contact Name: Scott Kawski
(978) 615-6244 Email: scott.w.kawski.civ@army.mil
Contractor
TBD
mailto:jasmine.m.browne.civ@army.mil mailto:stephanie.m.howell2.civ@army.mil mailto:stephanie.m.howell2.civ@army.mil mailto:jasmine.m.browne.civ@army.mil mailto:michael.s.fabozzi.civ@army.mil mailto:scott.w.kawski.civ@army.mil
Place of Performance SSG Reynold J. King United States Army Reserve Center (USARC) 101 Sunrise Road Ithaca, NY 14850-3106
Period of Performance One (1) twelve (12) month base period and four twelve (12) month option periods from date of contract award.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 16 Each
BY - MOWING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011889645
PSC CD: S208
NET AMT
0002 8 Each
BY - TRIMMING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
0003 2 Each
BY - SPRING/FALL CLEANUP - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
1001 16 Each
OY1 - MOWING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
1002 8 Each
OY1 - TRIMMING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
1003 2 Each
OY1 - SPRING/FALL CLEANUP - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
2001 16 Each
OY2 - MOWING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
2002 8 Each
OY2 - TRIMMING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
2003 2 Each
OY2 - SPRING/FALL CLEANUP - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
3001 16 Each
OY3 - MOWING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
3002 8 Each
OY3 - TRIMMING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
3003 2 Each
OY3 - SPRING/FALL CLEANUP - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
4001 16 Each
OY4 - MOWING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
4002 8 Each
OY4 - TRIMMING - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
4003 2 Each
OY4 - SPRING/FALL CLEANUP - NY032
FFP
Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide ground maintenance at SSG REYNOLD J.
KING USARC - 101 SUNRISE ROAD ITHACA NY 14850-3106 in accordance with the performance work statement.
FOB: Destination
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 200.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
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 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 10-APR-2023 TO
09-APR-2024
N/A 99TH REGIONAL SUPPORT COMMAND
99TH READINESS DIVISION
101 SUNRISE ROAD
ITHACA NY 14850
FOB: Destination
W56D5Q
0002 POP 10-APR-2023 TO
09-APR-2024
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 30-JAN-2023 TO
29-JAN-2024
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 10-APR-2024 TO
09-APR-2025
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 10-APR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 10-APR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 10-APR-2025 TO
09-APR-2026
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 10-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 10-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 10-APR-2026 TO
09-APR-2027
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 10-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 10-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 10-APR-2027 TO
09-APR-2028
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 10-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 10-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.217-5 Evaluation Of Options JUL 1990 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
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 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items DEC 2022
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products 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.
(End of 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.
https://www.sam.gov/
(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.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1.) Lowest Priced Technically Acceptable total proposed price offeror that meets the Government’s needs.
The Government intends to award a single Firm Fixed Price (FFP) contract. The Government intends to award a contract without discussions with respective offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if deemed in its best interest. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s). Offerors are required only to price the base and option periods.
2.) Past Performance shall be reviewed and considered, CPARS/FAPIIS will be reviewed for each offeror.
Past Performance will be taken into consideration prior to award.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service -
(1) 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 himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology -
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict 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)).
Service-disabled veteran-owned small business concern -
(1) Means a small business concern -
(i) Not less than 51 percent of which is owned by one or more service - disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern –
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned -
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern -
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern -
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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.
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 electronically on SAM.]
(c) Offerors must complete the following representations when the resulting 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). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that -
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(8) and (9):
Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that -
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Representations required to implement provisions of Executive Order 11246 -
(1) Previous contracts and compliance. The offeror represents that -
(i) It [ ___ ] has, [ ___ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that -
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).
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