Solicitation - W15QKN26QA156.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Section A - Solicitation/Contract Form

Devens RFTA Range Control Dirt Sifter Machine Purchase ContractInstrument Name:

Product Service Code : 3820

Continuation of Description

INSTRUCTIONS TO OFFERORS

THIS REQUIREMENT IS SOLICITED AS 100% TOTAL SMALL BUSINESS SET-ASIDE AND IS

SUBJECT TO THE AVAILABILITY OF FUNDS IAW FAR CLAUSE 52.232-18

1. The Army Contracting Command- New Jersey (ACC-NJ) on behalf of the United States Army Garrison (USAG) Devens Reserve Forces Training Area (RFTA) has a requirement for one (1) tracked or wheeled mechanized topsoil screener. The Contractor shall provide all plant, labor, equipment, tools, materials, supervision, incidentals, and services required to perform and complete the work necessary to supply and deliver the topsoil screener to Devens Reserve Forces Training Area (Devens RFTA). Devens RFTA is located at RFTA Devens South Post Training Area, Lancaster, MA. The contractor shall perform to the standards in accordance with the Statement of Work (SOW), as well as all local, state and federal regulations.

2. The North American Industry Classification System (NAICS) Code that applies to the principal nature of the acquisition is 333120 - Construction Machinery Manufacturing with a corresponding size standard of 1,250 employees.

3. The Government intends to award a single, firm-fixed-price (FFP) contract. The supply identified in this requirement shall be delivered and unloaded to the site as specified in the SOW. The delivery and unloading area will be open and available to the Contractor Monday through Friday between 8am and 3:00pm (EST) excluding Federal Holidays (no exceptions). All deliveries must be completed during those hours. Two days advance notice of all deliveries must be provided to the Contracting Officer Representative (COR).

4. The Offeror must be registered in the System for Award Management (SAM) in order to be eligible to receive a Department of Defense contract award. If you need to register in SAM go to https://www.SAM.gov.

5. See Federal Acquisition Regulation (FAR) Clause 52.212-l, "Instructions to Offerors - Commercial Products and Commercial Services" and FAR 52.212-1, Addendum for additional information.

6. See FAR Clause 52.212-2,"Evaluation - Commercial Products and Commercial Services" and FAR 52.212-2, Addendum for additional information and evaluation criteria.

7. A site visit will not be held for this requirement.

W15QKN26QA156

8. All questions regarding this solicitation shall be submitted via E-mail no later than 10:00 AM EDT on FRIDAY, 31 JULY 2026 to the Contract Specialist: Michael Romano at michael.romano2.

civ@army.mil and the Contracting Officer: Jasmyne Peterson at Jasmyne.C.Peterson.civ@army.

mil. The questions will be answered all at once and uploaded to the Contract Opportunities website at https://www.sam.gov posting after the question period has ended.

9. COMPLETING A QUOTE FOR SUBMITTAL

a. Proposals are due no later than the date and time listed in Block 8 of the SF 1449 and shall be submitted via email to: Michael Romano, Contract Specialist at michael.romano2.civ@army.mil and Jasmyne Peterson, Contracting Officer at Jasmyne.C.Peterson.civ@army.mil. Updates to this solicitation will be posted on the Contract Opportunities website at https://www.SAM.gov.

b. The Offeror shall provide the name, title, address, email address, and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can contractually obligate the company. In addition, the contractor shall sign and acknowledge any potential resulting amendments to this solicitation. In doing so, the offeror agrees to the contract terms and conditions as written in the Solicitation.

c. The Offeror shall submit a price for each FFP Contract Line-Item Number (CLIN) on the Standard Form (SF) 1449. The Government maintains a tax-exempt status.

d. The Offerors shall submit a signed SF1449 (Block 30a. Signature of Offeror/Contractor). The Offeror is required to complete blocks 30a, 30b and 30c of the SF1449. In doing so, the Offeror agrees to the contract terms and conditions as written in the solicitation.

e. The Offerors shall provide their UEID Number, CAGE Code, Federal Tax Identification Number and any small business preference or socioeconomic designations (8a Certified, HUBZone Certified, WOSB, etc.) that are applicable to this NAICS Code stated in the 'Instructions to Offerors' page.

f. Pricing for each CLIN must be submitted in the proper format. The proper format consists of QUANTITY\* UNIT PRICE= AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY. If the offeror shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT /NET AMOUNT divided by the QUANTITY will be held to be the intended price.

g. The Offeror shall provide proof of a valid Certificate of Insurance in accordance with FAR Clause 52.228-5, "Insurance - Work on a Government Installation" and "Required Insurance".

h. Offeror shall complete all "fill-ins" in provisions and clauses that apply and include with submission response to this solicitation.

i. The offeror is reminded it shall offer on any issued plans, drawings, and specifications as amended. Failure to provide any applicable information required and any deviations, conditions or attachments made by the offeror itself may render the offer non-responsive and may be cause for ineligibility for award.

10. All services shall be performed in accordance with the Statement of Work (SOW).

11. All offers shall remain valid for 120 calendar days. Multiple proposals will not be accepted.

12. SAM Unique ID#:

13. CAGE (commercial and government entity) code:

14. Federal Tax ID

15. Attachments:

Attachment 0001 - Statement of Work (SOW)

Attachment 0002- Dirt Sifter Specs

SOLICITATION ADMINISTRATION

Inquiries concerning all contractual actions after award shall be directed first to the Contract Specialist. In my absence, please contact the Contracting Officer.

CHANGES: The Contract Specialist will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

CONTRACT SPECIALIST: Michael Romano e-mail: michael.romano2.civ@army.mil

CONTRACTING OFFICER: Jasmyne C. Peterson e-mail: Jasmyne.C.Peterson.civ@army.mil

GOVERNMENT POINT OF CONTACT: Mr. Daniel Sanchez, Contracting Officer Representative

(COR)

Devens Reserve Forces Training Area

Phone: 978-615-6069 e-mail: daniel.j.sanchez76.civ@army.mil

SERVICE LOCATIONS: RFTA Devens South Post Training Area, Lancaster, MA

HQ AMC LEVEL PROTEST

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR

33.103. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840

Email: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at: Web Address: http://www.amc.army.mil/amc /commandcounsel.html.

LEVEL I ANTI-TERRORISM AWARENESS TRAINING

All contractor employees requiring access to any Federally-controlled facility shall complete Level I Anti-Terrorism Training, accessible at https:/atlevel1.dtic.mil/at. The contractor is responsible for ensuring training is completed annually and certificates are provided to the COR.

REQUIRED INSURANCE

In accordance with FAR 28.307-2, the Contractor is required to provide and maintain insurance, including but not limited to, Workers' Compensation, General Liability, and Automobile Liability at the minimum amounts specified in the clause.

ADDENDUM TO CLAUSE 52.212-1

Paragraphs (D), (E), (H), and (I) are hereby deleted. The offeror agrees to hold the prices in its offer firm for 120 calendar days.

ADDENDUM TO CLAUSE 52.212-2

a. The Government will award a Purchase Order to the responsive, responsible offeror with the lowest total aggregate price.

b. The Government will evaluate offers by adding the total price for all options to the total price for the basic requirement and may determine an offer is unacceptable if option prices are significantly unbalanced.

c. The Government may accept an offer, unless a written notice of withdrawal is received before award.

d. The Government will begin the evaluation process with a ranking based on the Total Aggregate Price from the lowest to highest price. Following the price ranking, only the lowest total aggregate priced offeror will be evaluated according to the evaluation criteria set forth in this addendum. If acceptable, the evaluation will stop at that point, and an award will be made to the lowest priced offeror.

ADDENDUM TO CLAUSE 52.212-4

Paragraphs (h), (n), (o) and (p) are hereby deleted from the referenced clause.

*** END OF NARRATIVE ***

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Product Service Description:

Devens RFTA Dirt Sifter Range

1 Each

Section C - Description/Specifications/Statement of Work

Requirements

SUBJECT TO THE AVAILABILITY OF FUNDS. THIS REQUIREMENT IS INCLUDED IN OR

PROVIDED FOR IN THE FY2026 FINANCIAL PLAN. THIS STATEMENT IS NOT A

COMMITMENT OF FUNDS. Devens RFTA Range Control Dirt Sifter Purchase Contract The technical point of contact f

Section F - Deliveries or Performance

0001 Delivery Schedule Delivery On Or Before Delivery Date 12 May 2026

1 EachQuantity

Address and POC Ship To DoDAAC: W13GQF

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored)

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process Electronic invoicing.

vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF WAWF training.

Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice 2in1

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

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC

W15QKN

Admin DoDAAC

W15QKN

Inspect By DoDAAC

W13GQF

Ship To Code

W13GQF

Ship From Code

Mark For Code

Service Approver (DoDAAC)

HQ0490

Service Acceptor (DoDAAC)

HQ0490

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes Payment request.

documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the Receiving report.

requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Melanie Karl- melanie.j.karl.civ@army.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

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

(Deviation 2026-O0038)

2026-03

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

(Deviation 2026-O0038)

2026-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-

2026-02

O0038)

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.232-7010 Levies on Contract Payments. 2006-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 Attachment 0001 - St atement of Work (SOW

Performance Work Statement

0001 27 Jul

3 Attachment No

0002 Attachment 0002- Dir t Sifter S pecs

Specification 27 Jul

1 Attachment No

Section K - Representations, Certification, & Other Statements

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-

2026-02

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

2023-06

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective

Date

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Deviation 2026-

2026-02

Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Feb 2026) (Deviation 2026-

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.

(2) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No. Country of origin [List as necessary]

(c)

(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Other Foreign End Products:

Line Item No. Country of origin [List as necessary]

(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ____

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense 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."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [X] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

Addendum to 52.212-1, Instructions to Offerors--Commercial Products and Commercial Services

Paragraphs (D), (E), (H), and (I) are hereby deleted from the referenced provisions.

Paragraph (C) Period of Acceptance of offers:

The Offeror agrees to hold the prices in its offer firm for 120 calendar days form the date specified for receipts of offers, unless another time period is specified in an addendum to the solicitation.

Addendum to 52.212-2, Evaluation--Commercial Products and Commercial Services

a. The Government will award a Purchase Order resulting from this solicitation to a responsible Small Business Set-aside participant whose offer meet the requirements of the solicitation and Statement of Work. The basis for award of any contract resulting from this solicitation shall be the result of the evaluation factors specified herein, utilizing the Lowest Price Technically Acceptable methodology. The Government intends to award a single Firm Fixed Price (FFP) contract.

b. The Government intends to award without discussion. The Government reserves the right to conduct clarifications or discussions if deemed in its best interest to determine price fair and reasonableness.

c. 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.

I. PRICE:

(a) The Government will evaluate offers for award purposes by adding the total price for all Contract Line Item Numbers (CLINs) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price shall be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount shall be divided by the quantity and held as the intended price.

(b) The submitted Attachment 0003 -Construction Cost Breakdown Form, may be used by the Government in its price analysis. Failure to provide the required pricing information may result in the proposal being determined unacceptable.

(c) Unbalanced pricing exists when, despite an acceptable total evaluated price, one or more contract line items are significantly overstated or understated as indicated by the application of cost and/or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

II. TECHNICAL:

(a) Technical acceptability will be evaluated on an acceptable/unacceptable basis. To be rated acceptable, the offeror must demonstrate an understanding of the requirements and a feasible technical approach capable of meeting the requirements of the PWS. Offerors shall provide Attachment 0003: Construction Cost Breakdown Form, identifying labor hours, labor categories, labor rate, material quantity, material pricing, and equipment to perform the tasks necessary as outlined in the PWS.

(b) The Government reserves the right to conduct additional technical evaluations as deemed necessary.

III. PAST PERFORMANCE:

(a) The Government may review available past performance and integrity information, including the Contractor Performance Assessment Reporting System (CPARS) and Federal Awardee Performance & Integrity Information System (FAPIIS), as well as any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR 9.104.

IV. Failure to provide any of the requested information may result in the proposal being deemed unacceptable and may not be eligible for award. The Government reserves the right to reject a quote that contains pricing, assumptions, omissions, qualifications, or exceptions inconsistent with the solicitation, specifications of work, drawings, or other attachments.

V. The Government will begin the evaluation process with a ranking based on the Total Evaluated Price from the lowest to highest price. Following the price ranking, only the lowest priced offeror will be evaluated for technical acceptability under the non-price factor(s) according to the evaluation criteria set forth in this addendum. If acceptable, the evaluation will stop at that point and an award will be made to the lowest priced technically acceptable offeror. If the offer is deemed unacceptable, the Government will continue to review proposals in order of price until evaluating an offer that is considered technically acceptable and eligible for award based on the criteria set forth in this addendum.

VI. The Government reserves the right to make no award if funds do not become available, prices are not determined fair and reasonable, no quote is technically acceptable, or award is otherwise not in the Government's interest.

Addendum to 52.212-4, Contract Terms and Conditions--Commercial Products and Commercial Services

Paragraphs (a), (c), (g), (h), (n), (o), (p), and (v) are hereby deleted from the referenced clause.

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Point of Contact: MELANIE KARL 978 615 6805

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.214-34 Submission of Offers in the English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.204-7024 Notice on the Use of the Supplier 2023-03

Performance Risk System.

KO CONTRACTING OFFICE, BUILDING 10 PHIPPS RD

PICATINNY ARSENAL, NJ 07806-5000

UNITED STATES

MICHAEL ROMANO, EMAIL: MICHAEL.ROMANO2.CIV@ARMY.MIL TELEPHONE: (520) 687-6021