SOLICITATION W911N2-21-Q-0049.pdf
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SEE ADDENDUM
(No Collect Calls)
W911N221Q0049 05-Aug-2021
b. TELEPHONE NUMBER
717-267-9361
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 17 Aug 2021
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.
W911N29. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MICHAEL S. LINDGREN
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
W25G1Q116702IY
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
LETTERKENNY ARMY DEPOT
LETTERKENNY CONTRACTING OFFICE - ACC-RSA-LEAD
1 OVERCASH AVENUE, ATTN: CCAM-MLK, BLDG 2S
CHAMBERSBURG PA 17201-4150
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 W25G1Q 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
OFFICE OF STRATEGIC MANAGEMENT
BLDG 370 ASRS DOOR 18 AMLD-PLX
LETTERKENNY ARMY DEPOT
CHAMBERSBURG PA 17201-4150
TEL: FAX:
717-2679834FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333249
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 OF25
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.
W911N221Q0049
Section SF 1449 - CONTINUATION SHEET
SOLICITATION NOTES
1. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors shall be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered.
Registration can be accomplished at https://www.sam.gov/portal/public/SAM/. Registration in this database shall remain active.
2. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database shall remain active and can be accessed at https://www.sam.gov/portal/public/SAM/.
3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 5 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Shaun R. Leatherman shaun.r.leatherman.civ@mail.mil. The contract specialist for this action is Michael S. Lindgren, Michael.s.lindgren3.civ@mail.mil .
4. Award without Discussions: The Government intends to award without discussions, offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.
5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.
6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See 252.232-7006 for more information.
7. Period for Acceptance of Offers: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers
PURCHASE DESCRIPTION
LETTERKENNY ARMY DEPOT
PURCHASE DESCRIPTION
Stratasys 3D Printer Fortus 450
1.0 GENERAL
1.1 SCOPE: This specification shall apply to the purchase of a Stratasys 3D Printer, Fortus450.
1.2 GENERAL INFORMATION
1.2.1 Place and Performance of Installation: The existing system is located in building 350 in office 4 in the 3D printer room which is the northeast corner of the office. This purchase will involve upgrading the printer and all the necessary parts. All work will be performed between the hours of 6:00 AM and 3:30 PM, Monday thru Thursday, exclusive of Federal Holidays and special depot closures (Typically the Monday before or Friday after Federal Holidays that fall on a Saturday, Sunday, Tuesday or Thursday). Other hours, weekend, and holiday work will be considered separately as requested by the contractor and approved by the Contracting Officer.
1.2.2 Security Requirements: The contractor shall be responsible to ensure that all employees and subcontractor employees that will visit the depot shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.
Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.
1.2.3 Security, Safety, and Fire Protection: All work shall comply with LEAD 385-1. The equipment and the installation shall also meet all the safety criteria set forth in 29 CFR and nationally recognized consensus standards.
1.2.3.1 The contractor is reminded that LEAD maintains a Safety Management System (SMS) and is either OHSAS 18001 or ISO 45001 certified.
1.2.3.2 LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html
1.2.3.3 It is the contractor’s responsibility to be familiar with these documents and to comply with their contents.
1.2.3.4 All on site work at LEAD shall be completed in accordance with applicable OSHA, DoD, DOT, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD.
Examples include full conformance to all applicable NFPA standards, ANSI standards, and other consensus standards for the industry covered by the subject contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work. Additionally, the contractor shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1 prior to the start of any work at LEAD.
1.2.3.5 If contractor personnel determine a procedure is unsafe, they shall discontinue work immediately and contact their Program Manager who shall notify safety personnel and the COR. As soon as LEAD Safety Office personnel determine that the unsafe conditions have been corrected, the COR will notify the contractor Program Manager that personnel may resume work.
1.2.3.6 Additionally, all contractor supervisors and employees shall read and be knowledgeable of the governing SOP(s) prior to signing the SOP(s) and starting the operation.
1.2.3.7 All contractor personnel shall wear the appropriate PPE when in the following work areas: industrial buildings, at construction sites, test sites and test facilities. Failure to wear/use PPE may cause removal from the job site and/or seizure of non-compliant equipment/items.
1.2.3.8 The contractor shall comply with reporting requirements of 29 CFR Part 1904 and part 1925, 41 CFR part 50–204, AR 385-40 and APGR 385-4, and shall report accidents resulting in injury or death and accidents resulting in damage to Government property, supplies, and equipment to the COR promptly of the occurrence.
1.2.3.9 The contractor shall complete a safety Investigation of injury/accident report; submit it to the COR Office with a copy to the LEAD Safety Office.
1.2.3.10 All shipped material shall include a current product Safety Data Sheet (SDS) for any chemical products being shipped other than residue. This includes items like engine oil.
1.2.3.11 All safety messages or recalls related to the safe use of products produced by the contractor will be provided to the COR for the Contract with 5 days of contractor’s awareness of the message or notice.
1.2.4 AT Level I Awareness Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: www.lead.army.mil.
1.2.5 iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the TPOC or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the TPOC and contracting officer within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot public homepage – www.lead.army.mil
1.2.6 OPSEC Training: Per AR 530-1, Operations Security. Contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot public homepage
– www.lead.army.mil
1.2.7 Badges: Identification badges will be issued for admittance of personnel before performing work or service on this contract. The identification badge is the property of the US Government and shall be returned upon termination or demand. The contractor/vendor shall ensure all badges issued to employees are returned to the Badge and Identification Section, Security Division, Letterkenny Army Depot promptly on termination of need or on expiration, which occurs first. The badge room is located in Bldg. 2, phone # 717-267-5301. Hours of operation are 7:30 AM to 3:30 PM, Monday thru Thursday, exclusive of Federal Holidays.
2.0 Government Furnished Property and Materials: The government will provide the facilities, equipment, materials and/or services listed below
2.1. Facilities: The government will provide clear access to all working areas necessary for the contractor to perform the installation outlined, during the hours listed in section 1.2.1.
2.2. Equipment: An equipment room for the 3D printer including wash sink and storage for supplies. Utilities hookups are located in the equipment room.
2.3. Materials/Services:
2.3.1. Provide a single point of connection for electric and for compressed air within the equipment room.
2.3.2. Provide a clear installation path prior to delivery.
2.3.3. Provide a network technician to facilitate network integration at installation.
2.3.4. Provide a wash sink for cleanup before or after printing.
2.3.5. Provide a location for disposal of any packaging materials.
3.0 Contractor Responsibilities: The contractor shall be responsible for the following:
3.1 Upon award/purchase, provide a list of special space and utility requirements for delivery to use location and the initial installation (so LEAD can form a plan and know how to clear a path for the installation process.). This includes weight, exterior dimensions of product.
3.2 Provide a summary of the delivery and expectations of LEAD 60 days prior to the equipment delivery, and detailed startup and training plan.
3.3 Supply all equipment, parts, labor and materials necessary for off-loading, positioning, installation and operation of the system.
3.4 Remove all excess equipment, shipping crates, scrap and consumable materials (that cannot be disposed of in department waste receptacles) used by the contractor for shipment and installation of the room.
3.5 If any special tools are required for servicing the printer; the contractor shall supply no fewer than two of each for the printer and its components.
3.6 The contractor shall be responsible for obtaining site measurements and and installation requirements. Any dimensions provided by government personnel shall be considered approximate and shall not be used for design purposes. Failure of the contractor to acquaint himself with conditions attending the work site will not be considered sufficient reason for changing the cost or performance schedule of this project.
4.0 SPECIFICATIONS
4.1 Performance Specifications
4.1.1 Capable of printing on all materials on Attachment A.
4.1.2 Shall be licensed for PC-ABS and Ultem 9085.
4.1.3 .Minimum layer thickness of .0005in. This is required based on existing in house 3D printing capabilities.
4.1.4 System shall involve no special material handling or storage requirements
4.1.5 Materials to be utilized shall have no expiration date/ unlimited shelf life
4.2 Design Specifications
4.2.1 Printed components must be capable of accommodating interlocking part connections.
4.2.2 Printed components shall be capable of withstanding 100 degrees F, minimum.
4.2.3 Printed components shall be able to withstand rough handling. A test requirement will be dropping said part from 4 feet onto a concrete floor without cracking or breaking.
4.2.4 Printing materials shall be non-toxic
4.2.5 Parts shall have no external residue after printing or handling of parts.
4.2.6 There shall be no air born dust particles from the build process given off outside the printer/build area.
4.2.7 Parts inside the build envelop shall not require glues or bonding agents.
4.2.8 Support materials for breakaway support shall be designed to me manually removable.
4.2.9 Soluable support materials shall be designed to be soluable in water or a water based solution
4.3 Hardware, etc.
4.3.1 Equipment shall be suitable for office or lab environment.
4.3.2 Equipment shall be operational with no special ventilation or exhaust necessary
4.3.4. Setup shall be capable of handling a minimum build size shall be 16” x 14” x 16”. Note: This is based on covering LEAD’s current 3D capabilities
4.4 Electrical
4.4.1 No electrical hookup shall be required. Unit shall be capable of running on 110V.
4.4.2 Complete electrification shall be provided.
4.4.3 Unit shall be 208 V, 3 Phase, 60 Hz
4.5 Software
4.5.1 Microsoft Windows 10 is required for DOD computers to work on the depot network.
4.5.2 TCP/IP 100/10 Base-T network or equivalent shall be provided to work with existing capabilities..
4.5.3 STL File format shall be provided to work with existing capabilities.
5.0 NAMEPLATE: A corrosion resistant metal nameplate shall be securely attached to the rain test recirculation pump skid. The nameplate shall contain the information listed below:
- Nomenclature
- Manufacturer’s Name
- Manufacturer’s Model Designation
- Manufacturer’s Serial Number
- Input Voltage, Current, Phase, and Hertz
- Date of Manufacture
6.0 DRAWINGS AND MANUALS: Two sets of the manufacturer’s design drawings shall be submitted for approval within 4 weeks of award. Approval shall be provided within 10 days after receipt by LEAD engineering personnel. Two sets of operator instruction manuals, maintenance service manuals and parts listing manuals shall be provided for the unit. Electronic and written versions shall be provided. These manuals shall be written in the English language.
7.0 HAZARDOUS MATERIALS: Two sets listing all lubricants, seals, and/or any other hazardous material necessary for preventive and corrective maintenance along with their respective Material Safety Data Sheets (SDS) shall be submitted for approval within 4 weeks of award. These lists and SDS shall be written in the English language.
8.0 WARRANTY: A standard commercial warranty or a one year commercial warranty, whichever is larger, shall be furnished with the rain test recirculation system in its entirety. The warranty shall cover the system and all components. The warranty period begins when the LEAD Contracting Officer provides official confirmation that the system has satisfied all operational provisions of the contract.
9.0 STANDARD PRODUCTS: The unit and ancillary equipment shall be new and regularly advertised products in order to provide a constant source of replacement parts and technical assistance.
10.0 PRESERVATION, PACKAGING AND DELIVERY: The contractor shall utilize standard commercial methods for preservation and packaging appropriate for the equipment provided. As a minimum, all areas susceptible to damage from exposure to the elements shall be preserved and/or packed to prevent damage. The contractor shall be responsible for ensuring the equipment is delivered to LEAD in good condition. LEAD will assume no responsibility for off-loading or storage of the provided equipment.
11.0 INSPECTION AND ACCEPTANCE
11.1 The back flush system, the water softener, and associated equipment shall be examined for design, construction, materials, components, and workmanship to determine compliance with the contract and this specification. Any deviation from these requirements shall be cause for rejection.
11.2 The contractor shall be responsible for developing test procedures to demonstrate compliance with the requirements of this specification. All test procedures shall be submitted to and approved be Depot Technical Point of Contact (TPOC) prior to the start of testing. To support the testing procedures, LEAD will provide a supply of material for use during the performance tests and training.
12.0 INSTRUCTION: The contractor shall conduct no less than 2 hours of operator training for up to 6 personnel that are already familiar with the operation of LEAD’s rain test operations, and shall conduct no less than 4 hours of maintenance training for up to 6 personnel familiar with the maintenance of LEAD’s existing rain test process.
13.0 APPLICABLE DOCUMENTS
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
29 CFR, 1910.General industry regulations (Copies may be obtained at www.osha.gov)
AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME)
B31.3 Code for Pressure Piping, Process Piping (Copies may be obtained at www.asme.org)
NATIONAL ELECTRICAL MANUFACTURER’S ASSOCIATION (NEMA)
NEMA 250 Enclosures for Electrical Equipment (Copies may be obtained at www.nema.org)
AMERICAN WELDING SOCIETY (AWS)
AWS D1.1/D1.1M Structural Welding Code (Copies may be obtained at www.aws.org)
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
NFPA 70 National Electrical Code (NEC) NFPA 101 Life Safety Code (Copies may be obtained at www.nfpa.org)
LETTERKENNY ARMY DEPOT (LEAD)
LEAD Regulation 385-1 Safety and Occupational Health Program Copies may be obtained from LEAD Directorate of Contracting, Bldg. 2)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Stratasys 3D PRINTER, Fortus 450
FFP
IAW attached purchase description.
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
NSN: 155-11000:7XCZ9
MILSTRIP: W25G1Q116702IY
PURCHASE REQUEST NUMBER: W25G1Q116702IY
PSC CD: 3610
NET AMT
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 30-SEP-2021 1 OFFICE OF STRATEGIC MANAGEMENT
BLDG 370 ASRS DOOR 18 AMLD-PLX
LETTERKENNY ARMY DEPOT
CHAMBERSBURG PA 17201-4150
FOB: Destination
W25G1Q
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
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 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
OCT 2020
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
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
JUN 2020
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
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 Items JUL 2021 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-3 Alt I Offeror Representations and Certifications--Commercial
Items (FEB 2021) Alternate I
OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984 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 252.204-7008 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
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2021)
ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS:
Paragraph (c) is changed to read: Period for acceptance of offers. The Offeror agree to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(End of Addendum)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUL 2021)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor MAY include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
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 the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(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.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.acquisition.gov
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
(a) Definitions. As used in this clause-
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;
and serial number within the original part, lot, or batch number.
Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is…
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