Solicitation W564KV22R0047 - Roll Off Containers.pdf
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- Solicitation number
- W564KV-22-R-0047
About this file
This draft solicitation is for tank and pump roll off containers to be delivered to locations in Germany and Italy. The Army Contracting Command plans to issue a solicitation seeking containers that meet the requirements in the attached statement of work. Offerors will be required to provide technical documentation including drawings, loading plans, weight balance information, electrical schematics and water distribution schematics with their proposals by the response date. The containers will be inspected and accepted at the destination locations. Pricing must be submitted in PDF or Excel format consistent with the contract line item numbers. Award will be made based on acceptable technical compliance at lowest price.
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SEE ADDENDUM
(No Collect Calls)
W564KV22R0047 06-Sep-2022
b. TELEPHONE NUMBER
+49 (0) 611-1435426831
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 23 Sep 2022
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 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.
W564KV9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
NAZIHA DJERIOUAT
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
0011794975
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
TCC-KAISERSLAUTERN
KLEBER KASERNE MANNHEIMER STRASSE 238
BLDG 3233
67657 KAISERSLAUTERN
GERMANY
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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332420
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)
PAGE 2 OF90
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.
W564KV22R0047
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Tank and Pump Roll Off Containers GER
FFP
The contractor shall provide roll off containers in accordance with attached Statement of Work.
PURCHASE REQUEST NUMBER: 0011794975
NET AMT
0001AA 3 Each Tank and Pump Roll Off Container
FFP
Roll Off Container in accordance with CLIN 0001 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PSC CD: 4210
0001AB 3 Each Tank and Pump Roll Off Container
FFP
Roll Off Container in accordance with CLIN 0001 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0001AC 3 Each Tank and Pump Roll Off Container
FFP
Roll Off Container in accordance with CLIN 0001 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0002 1 Each Tank and Pump Roll Off Container ITALY
FFP
The contractor shall provide roll off containers in accordance with attached Statement of Work.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011794975
Training
FFP
The contractor shall provide training (after delivery of containers), in accordance with attached Statement of Work, paragraph 4.
0003AA 1 Job Training Germany
FFP
Training in accordance with CLIN 0003. Traning will be completed no later than 2 weeks after delivery of CLIN 0001.
0003AB 1 Job Training Italy
FFP
Training in accordance with CLIN 0003.Traning is will be completed no later than 2 weeks after delivery of CLIN 0002.
Equipment Germany
FFP
The contractor shall provide fire fighting equipment for each roll off container in accordance with Attachment 1.
0004AA 3 Lot Fire Fighting Equipment
FFP
Equipment in accordance with CLIN 0004 to be delivered with the delivery of
SLIN 0001AA.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0004AB 3 Lot Fire Fighting Equipment
FFP
Equipment in accordance with CLIN 0004 to be delivered with the delivery of
SLIN 0001AB.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0004AC 3 Lot Fire Fighting Equipment
FFP
Equipment in accordance with CLIN 0004 to be delivered with the delivery of
SLIN 0001AC.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0005 1 Lot Fire Fighting Equipment Italy
FFP
The contractor shall provide fire fighting equipment in accordance with Attachment 1 to be delivered with the delivery of CLIN 0002.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A N/A 0001AA Origin Government Destination Government 0001AB Origin Government Destination Government 0001AC Origin Government Destination Government 0002 Origin Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0005 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0001AA 10 mths. ADC 3 USAG ANSBACH
SIGURD MACK
IMCOM EUROPE FIRE FIGHTING
TRAINING CENTER BL
URLAS TRAINING AREA
91522 ANSBACH-KATTERBACH
GERMANY
+49-6111435447505
W91P1A
0001AB 10 mths. ADC 3 (SAME AS PREVIOUS LOCATION)
0001AC 10 mths. ADC 3 (SAME AS PREVIOUS LOCATION)
0002 10 mths. ADC 1 USAG ITALY VICENZA
SIGURD MACK
USAG ITALY FIRE DEPARTMENT
CASREMA EDERLE FIR
BLDG 50 VIA ALDO MORO
36100 VICENZA ITALY
ITALY
+49-6111435447505
0003 N/A N/A N/A N/A
0003AA 10 mths. ADC 1 USAG ANSBACH
SIGURD MACK
IMCOM EUROPE FIRE FIGHTING
TRAINING CENTER BL
URLAS TRAINING AREA
91522 ANSBACH-KATTERBACH
GERMANY
+49-6111435447505
0003AB 10 mths. ADC 1 USAG ITALY VICENZA
USAG ITALY FIRE DEPARTMENT
CASREMA EDERLE FIR
BLDG 50 VIA ALDO MORO
36100 VICENZA ITALY
ITALY
+49-6111435447505
0004 N/A N/A N/A N/A
0004AA 10 mths. ADC 3 USAG ANSBACH
IMCOM EUROPE FIRE FIGHTING
TRAINING CENTER BL
URLAS TRAINING AREA
91522 ANSBACH-KATTERBACH
GERMANY
+49-6111435447505
0004AB 10 mths. ADC 3 (SAME AS PREVIOUS LOCATION)
0004AC 10 mths. ADC 3 (SAME AS PREVIOUS LOCATION)
0005 10 mths. ADC 1 USAG ITALY VICENZA
USAG ITALY FIRE DEPARTMENT
CASREMA EDERLE FIR
BLDG 50 VIA ALDO MORO
36100 VICENZA ITALY
ITALY
+49-6111435447505
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
NOV 2021
CLAUSE(S) 52.212-1 - ADDENDUM
Instructions for submission of offers
1. The Government intends to award a Firm Fixed-Price (FFP) contract for this requirement based on price and other factors IAW FAR 13.106. Offers which do not meet the required technical or delivery requirements will be determined "Unacceptable" and may not be considered for award.
2. Offeror shall include all documents and information in accordance with the instructions herein. Noncompliance with the RFP requirements may hamper the Government's ability to properly evaluate the offer and may result in elimination of the offer from further consideration for award. The Offeror is cautioned to follow the instructions carefully and is encouraged to present its best technical offer and prices in its initial submission, as the Government reserves the right to make an award without discussions. Offeror shall submit an offer that is self-sufficient and responds directly to the requirements of this solicitation. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer (KO) in writing with supporting rationale.
3. The offeror shall complete all representations and certifications required by this solicitation.
i. Offeror shall complete FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, listed in full text within this solicitation.
ii. Note:
The offeror shall complete only paragraph (b) of FAR 52.212-3 if the offeror has already completed the annual representations and certifications 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 in SAM, then the offeror shall complete paragraphs (c) through (v) of FAR 52.212-3
4. The offeror must complete, as appropriate, the following representations, certifications, and clauses listed in full text within this solicitation:
i. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
ii. FAR 52.209-7, Information regarding Responsibility Matters
iii. FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation
iv. DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services
v. DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services – Representation
vi. DFARS 252.225-7020, Trade Agreements Certificate
vii. DFARS 252.229-7001, Alt. I, Tax Relief
viii. DFARS 252.229-7012, Tax Exemptions Italy
5. For provisions completed by the offeror electronically as part of its annual representations and certifications, the contracting officer will consider that information instead of requiring the offeror to complete and submit those provisions.
6. For those provisions and clauses that have not been completed electronically, the offeror must submit them with the offer.
7. For the annual FAR and DFARS representations and certifications submitted electronically via the SAM website, the offeror verifies by submission of its offer that those representations and certifications currently posted electronically that apply to this solicitation have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation, as of the date of its offer, and are incorporated in its offer by reference (see FAR 4.1201); except for the changes expressly identified in the offeror’s proposal. Regarding any changes, the offeror represents that the new information is current, accurate, and complete as of the date of its offer and incorporated into it. Any changes provided by the offeror in its offer are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
8. All offers, questions, and correspondence shall be submitted in the ENGLISH language.
Offers submitted in a language other than English will be determined "Unacceptable" and will not be evaluated. Offers that are sent in multiple emails must be numbered sequentially to include the total number of emails sent.
9. The offeror is responsible for ensuring the Government’s receipt of its proposal. No late submissions will be accepted. Block 8 of this solicitation provides the due date and time for proposals. Local time is Central European Time (CET).
10. SYSTEM FOR AWARD MANAGEMENT (SAM): In order to be considered for award, prospective offerors shall be registered in SAM by the date proposals are due (www.sam.gov)
11. Submission of offers shall be via email to the following:
Naziha Djeriouat, Contracting Specialist, naziha.djeriouat.ln@army.mil Cory Moore, Contracting Officer, cory.l.moore7.civ@army.mil
12. QUESTIONS. Offerors shall submit any questions via email to Ms. Naziha Djeriouat, Contracting Specialist, naziha.djeriouat.ln@army.mil AND to Mr. Cory Moore, Contracting Officer, cory.l.moore7.civ@army.mil, no later than 5 days prior to the solicitation close date.
Questions shall annotate a reference to the specific solicitation element to which they pertain.
The Government is not obligated to provide responses to all questions submitted by Offerors, but will consider them and incorporate changes into the solicitation as deemed necessary.
13. DELIVERY INFORMATION:
Delivery Terms: FOB Destination OCONUS (Outside Continental US), which means the seller must deliver the goods on its conveyance at the destination specified in the contract and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.
NOTE: The Government is responsible for the unloading of deliveries at the destination as well as responsible for any damages caused during the unloading process. However, any damage which may be incurred by items during the transportation to the delivery location is the responsibility of the contractor.
Delivery Address:
IMCOM Europe Fire Fighting Training Center Bldg. 5809, Urlas Training Area 91522 Ansbach-Katterbach Germany
And
USAG Italy Fire Department Caserma Ederle Fire Station Bldg. 50 Via Aldo Moro 36100 Vicenza Italy
Delivery Date: NLT 10 months after date of contract (ADC).
14. Period of Acceptance. The contractor shall annotate its agreement to hold its proposed prices firm for 60 calendar days from the date specified for receipt of proposals.
15. SUBMISSION REQUIREMENTS. The offeror shall submit the following technical documentation to be evaluated in accordance with the evaluation criteria in 52.212-2. Failure to provide the following technical documentation my result in an offerors proposal being determine non-responsive and removed from further consideration for award. The technical documentation to be provided upon proposal submission is as follows:
1. A technical description of the salient characteristics of the proposed container.
2. Technical drawings with measurements for the:
A. Container top view Side views (left and right) with equipment storage outlined B. Rear view with equipment storage outlined and measurement of pump compartment floor height C. Cut/ Vertical with foot boards.
D. Detailed drawing for supporting jack design E. Detailed drawing of the pump compartment
3. A loading plan outlining the individual location of each piece of equipment in either a table or drawing that also identifies how each piece of equipment is stored and removed.
4. Techncial documentation for the weight balance of the container that cross references individual loads caused by the equipment when both loaded on the vehicle and in the hoisting position that incldue:
A. Container loaded on vehicle B. Container in the hoisting position C. Gross Vehicle Weight Rating (GVWR), front axle load and rear axle load calculations. Load distribution shall be calculated in tables. Calculation must be reproducible by a reviewing person. Individual loads over 100 kg must be identified individually.
D. Cross comparison of existing loads in both scenarios with base vehicle limitations (axle loads and Gross Vehicle Weight Rating (GVWR).
5. Energy balance schematic plan for each major circuit providing all information as identified in DIN publication 23291 (Muster-Energiebilanz eines Feuerwehrfahrzeugs / Sample energy summary of a fire-fighting vehicle found at Beuth.de) to demonstrate the system can support all electrical components
6. A schematic plan of the water distribution system of the direct pump operation and the suction / pump draft that discharges and fills the water tank.
7. The finite element (FEM) calculation for torsional rigidity NOTE: If a proposal is submitted via email, technical drawings and plans shall be submitted as a pdf document.
16. Price Submission - The Govenrment intends to award one contract from this solicitation.
The offeror shall submit proposed prices in either a PDF or Excel format that is consistent with and supports the lines items of the Standard Form 1449 (SF 1449) provided as part of this soliciton.
CLAUSES INCORPORATED BY REFERENCE
52.214-34 Submission Of Offers In The English Language APR 1991 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013
52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-16 Progress Payments NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7022 Expediting Contract Closeout MAY 2021 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7007 Prohibition on Acquisition of Certain Items from Communist
Chinese Military Companies
DEC 2018
252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7021 Trade Agreements--Basic MAR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 252.229-7002 Customs Exemptions (Germany) JUN 1997 252.229-7003 Tax Exemptions (Italy) MAR 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(End of Provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) In accordance with FAR 13.106-2, Offerors are notified that the Government will evaluate all proposals in accordance FAR Part 25.502 (a)(3) where the factors for the basis of award are specified in 52.212-2 of this solicitation. The Government will award a contract based on the proposal that conforms to this solicitation by being evaluated as acceptable where lowest price is the deciding factor for award. The following evaluation criteria shall be used as the basis for award:
Factor 1: Technical: The offer shall meet the technical requirements set forth herein and as outlined in the Statement of Work. Therefore, it is essential that the offeror provides all the documentation listed below. All subfactors will be evaluated as acceptable or unacceptable. Proposals which fail to meet the subfactor evaluation criteria may be determined “unacceptable” and may not be considered for award.
a. Technical Subfactors:
Subfactor 1: A technical description of the characteristics of the proposed container.
Subfactor 1 Evaluation criteria: To receive an acceptable rating in this sub factor, the offeror shall submit the required technical description to demonstrate the offeror can meet the requirements in the SOW. The technical description must be consistent with the other technical data contained within the offeror’s proposal.
Subfactor 2: Technical drawings with all measurements of:
A. Container top view Side views (left and right) with equipment storage outlined B. Rear view with equipment storage outlined and measurement of pump compartment floor / height C. Cut/ Vertical with foot boards.
D. Detailed drawing for supporting jack design E. Detailed drawing of the pump compartment
Subfactor 2 Evaluation criteria: To receive an acceptable rating in this subfactor, the offeror shall submit the required technical drawings in accordance with the SOW. The technical drawings must be consistent with the other technical data contained within the offeror’s proposal.
Subfactor 3: A loading plan outlining the individual location of each piece of equipment in either a table or drawing that also identifies how each piece of equipment is stored and removed.
Subfactor 3 Evaluation criteria: To receive an acceptable rating in this sub factor, the offeror shall submit the required loading plan as either a table or drawing in accordance with the SOW. The table or drawing must be consistent with the other technical data contained within the offeror’s proposal.
Subfactor 4: Technical documentation for the weight balance of the container that cross references individual loads caused by the equipment when both loaded on the vehicle and in the hoisting position.
E. Container loaded on vehicle F. Container in the hoisting position G. Gross Vehicle Weight Rating (GVWR), front axle load and rear axle load calculations. Load distribution shall be calculated in tables. Calculation must be reproducible by a reviewing person. Individual loads over 100 kg must be identified individually.
H. Cross comparison of existing loads in both scenarios with base vehicle limitations (axle loads and Gross Vehicle Weight Rating (GVWR).
Subfactor 4 Evaluation criteria: To receive an acceptable rating in this sub factor, the offeror shall submit the required technical documentation. The technical documentation must contain the information listed in A-D above and demonstrate the offeror can meet the requirements found in the SOW. The technical documentation must be consistent with the other technical data contained within the offeror’s proposal.
Subfactor 5: Provide the Energy balance schematic plan for each major circuit providing all information as identified in DIN publication 23291 (Muster-Energiebilanz eines Feuerwehrfahrzeugs / Sample energy summary of a fire-fighting vehicle found at Beuth.de) to demonstrate the system can support all electrical components.
Subfactor 5 Evaluation criteria: To receive an acceptable rating in this sub factor, the offeror shall submit the required schematic plan in accordance with the SOW. The schematic plan must be consistent with the other technical data contained within the offeror’s proposal.
Subfactor 6: A schematic plan of the water distribution system of the direct pump operation and the suction / pump draft that discharges and fills the water tank.
Subfactor 6 Evaluation criteria: To receive an acceptable rating in this sub factor, the offeror shall submit the required schematic plan of the water distribution system in accordance with the SOW. The schematic plan must be consistent with the other technical data and drawings contained within the offeror’s proposal.
Subfactor 7: The finite element (FEM) calculation for torsional rigidity.
Subfactor 7 Evaluation criteria: To receive an acceptable rating in this sub factor, the offeror shall submit the required Finite Element (FEM) Calculation in accordance with the SOW. The FEM calculation must be consistent with the other technical data and drawings contained within the offeror’s proposal.
Factor 2: Price:
a. The Government will review the pricing submissions for completeness and compliance with the instructions Provided in 52.212-1 and its addendum. Incomplete price submissions may not be evaluated and the proposal may be eliminated from the competition. Price will not be scored or rated. Adequate competition normally establishes a price as fair and reasonable. If adequate competition is not achieved, the solicitation may be cancelled and resolicited in accordance with DFARS 252.215-7007 or the contracting officer may request Pricing data in accordance with DFARS 252.215-7008 so that analytical techniques and procedures described in FAR 15.404-1 may be used, singly or in combination with other techniques, to ensure that the final price is fair and Reasonable.
b. The Total Evaluated Price (TEP) will be the sum of the total amount of each CLIN/SLIN.
2. The Government will evaluate Offers for award by calculating a Total Evaluated Price for each Offeror. The Government calculates the Total Evaluated Price as the sum of all Contract Line Item Numbers (CLINs). The offeror may submit pricing in either Euros or U.S. Dollars (USD). Prices shall be exclusive of Value Added tax (VAT) IAW 252.229-7001, Alt 1.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 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. 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 the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and 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…
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