SP330020Q0140 COMBINED SYN-SOL.pdf

PDF 475 KB Posted Aug 26, 2020

Attached to: DLA Distribution Susquehanna Utility Golf Carts Federal contract opportunity
Solicitation number: SP330020Q0140
Issued by: Defense Logistics Agency Distribution

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Attachment 2 52.204-24 Provision.pdf	PDF	Aug 26, 2020
Attachment 1 Schedule of Supplies.pdf	PDF	Aug 26, 2020

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SP3300-20-Q-0140

NOTICE TO OFFERORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7)

430 Mifflin Avenue, Suite 3102A

New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-20-Q-0140.

3. This notice incorporates provisions and clauses in effect

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Regulations 2020-08 13 August 2020

Defense Federal Acquisition Regulation

Supplement (DFARS) DFARS Publication

Notice (DPN)

20200605 05 June 2020

Defense Logistics Acquisition Directive

(DLAD) Current to Revision 5 through

PROCLTR

2020-13 25 June 2020

The following FAR, DFARS, and DLAD provisions and clauses apply to this RFQ. The full text version of these provisions and clauses may be viewed at:

FAR https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

Select Title 48, Federal

Acquisition Regulations System.

Chapter 1 is the FAR

DFAR https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

Select Title 48, Federal

Acquisition Regulations System.

Chapter 2 is the DFARS

DLAD https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

4. DESCRIPTION OF REQUIREMENT: DLA Distribution Susquehanna has a requirement to purchase replacements for aging utility vehicles. This is a brand name or equal requirement for the Cushman brand vehicles identified in the Schedule of Supplies. Vendors may quote alternate brand vehicles which meet the following salient characteristics.

CLIN 0001:

UTILITY HAULER CART, Gas powered, Cushman Hauler 1200 or equivalent.

13.5 Horsepower, 4 cycle, air-cooled engine

12v Maintenance Free battery

Automatic Transimission

Headlights, Brake Lights and Tail Lights

Hour Meter

Full Cab w/doors

Interior window defrost fan

Windshield Wiper

Horn

2-Person seating Capacity

800lb Bed Weight

1200lb Vehicle Load Capacity

1500lb Towing Capacity

Improved Surface Tires https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

CLIN 0002:

UTILITY HAULER/CART, electric Utility Hauler/Cart, electric; Cushman Hauler Pro #634182 or equivalent

Options to be included:

Headlights, Brake Lights and Tail Lights

Hour Meter

Toggle ignition switch

Total length cannot be longer than 115 inches.

No Canopy or windshield.

72 Volt with onboard charger

2-Person seating Capacity

800lb Bed Weight

1200lb Vehicle Load Capacity

1500lb Towing Capacity

CLIN 0003:

UTILITY SHUTTLE CART, electric, Cushman Shuttle 2+2 or equivelant.

Headlights, Brake Lights and Tail Lights

Hour Meter

Key ignition switch

No Canopy or windshield.

72 Volt with onboard charger

4-Person seating Capacity

Fold down Rear Seating

800lb Vehicle Load Capacity

250lb Deck Load Capacity

1500lb Towing Capacity

5. LIST OF ATTACHMENTS:

Attachment 1 Schedule of Supplies

Attachment 2 FAR Provision 52.204-24

6. Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.

7. This solicitation is 100% Set Aside for Small Business Concerns. The Federal Supply Code (FSC) for this acquisition is 3930 (Warehouse Trucks and Tractors Self Propelled) and the North American

Industry Classification System (NAICS) for this acquisition is 336112 (Light Truck and Utility Vehicle

Manufacturing) with a small business size standard of 1500 employees. This contract will have no

Defense Priorities and Allocation System (DPAS) rating.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM website at beta.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM)

Database.

9. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS

Clause 252.232-7006.

SOLICITATION PROVISIONS SECTION

FAR Provision 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. (Jan 2017)

Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Jan 2017)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The Offeror agrees to hold prices in its offer firm for 45 calendar days from the date specified for receipt of offers.

The following paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples;

(e) Multiple Offers; and

(h) Multiple Awards

Instructions to Offerors

This acquisition will be solicited in accordance with FAR Subpart 12.6 –the Streamlined Procedures for the

Evaluation and Solicitation of Commercial Items.

Quote Submission Instructions –Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

Quotations may be submitted in contractor format and shall include: Vendor must quote all CLINs. The vendor must also mark its quote Source Selection Information FAR 2.101 and 3.104 in the header of the document.

(1) Company name, address, telephone number, e-mail address, and FAX number;

(2) Solicitation number;

(3) Unit Price and extended prices for all CLIN(S). Offerors should use Attachment 1 to submit its quote.

Offerors shall quote Firm Fixed Unit Prices for all line items shown on the Schedule of Supplies/Services included as Attachment 1 to this solicitation. Pricing shall be quoted as FOB Destination, with all shipping, packing and packaging charges included in the Firm Fixed Unit Prices for each item. All prices must be rounded to two decimal points.

(4) Price quote must be valid for 45 days after solicitation closing date

SHIP TO address:

SB3300

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

(4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code: ____________

(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation).

(6) A completed copy of the provision at 52.212-3, Offeror Representations and Certifications --

Commercial Items, or a statement that the Offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://beta.sam.gov. If the latter of the two options is selected, then the Offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—

Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this RFQ.

7) Vendors must quote all CLINS to be considered for award.

QUESTIONS regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, Carl Devitz, via email at carl.devitz@dla.mil, Subject: SP330020Q0140 RFQ Question. Question(s) must be received by 3:00 PM EST on Thursday Septemeber, 2020. Answers to questions will be posted to the beta.sam.gov website via an amendment to the solicitation.

All quote submittals in item one (1) above shall be submitted via email to; carl.devitz@dla.mil, NLT

1:00PM NEW CUMBERLAND, PENNSYLVANIA TIME ON THURSDAY SEPTEMEBR 10, 2020. The subject line must include SP330020Q0140.

Vendor must return the following with its quote:

1. Completed copy of Attachment 1 (Schedule of Supplies)

2. Vendors submitting quotes for equal items must include technical specifications and product brochures

3. Completed copy of company representations and certifications from beta.SAM.gov.

4. Completed and signed provision 52.204-24 (Attachment 2)

4. Signed and dated copies of solicitation amendments, if any.

Failure to provide all of the above will make your quote non-responsive and it will not be considered.

Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449. There will be a single award to the vendor which provides the lowest priced technically acceptable quote for all CLINS. The quotes will be evaluated for lowest total price for all CLINS as represented on Attachment 3.

10. THE GOVERNMENT WILL AWARD A SINGLE FIRM FIXED PRICE CONTRACT AS A RESULT

OF THIS SOLICITATION.

11. ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION: Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor’s responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants.

This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

12. MANAGEMENT OF CONTRACTOR EMPLOYEES: The Contractor personnel are employees of the

Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Performance Work Statement. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The

Contractor is accountable to the Government for the actions of its personnel.

13. ORGANIZATIONAL CONFLICT OF INTEREST: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy

Act, the contractor agrees not to release such information without prior written approval from the Contracting

Officer. The use of such information for personal gain is prohibited.

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

SHIPPING INSTRUCTIONS: All drivers must have an appointment to deliver to DLA Distribution Susquehanna.

To request an appointment, send a scanned copy of the bill of lading to prelodge@dla.mil as soon as possible before the appointment but no later than 24 hours prior to delivery. Drivers shall present their appointment confirmation number to dispatch personnel upon arrival.

SHIP TO:

SB3300

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

REQUIREMENTS FOR PALLETS: Material must be shipped on serviceable, winged pallets in accordance with

MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletizat ion.aspx

The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD Manual

4140.65-M. Please reference the DLA Master List of Technical and Quality Requirements for information at this link: https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements

Additional information can be found at:

https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx

Failure to deliver supplies on pallets with these specifications will result in the Government not accepting the shipment when it arrives at destination. The Offeror must quote shipment of supplies in accordance with this requirement.

Addenda FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following shall be used to evaluate offers: Quotes received will be evaluated in accordance with FAR 13.106-2. The

Government intends to award one (1) Firm-Fixed Price (FFP) contract resulting from this notice on an all or none basis to the responsible Offeror who offers the lowest total evaluated price for the supplies. In addition, data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the Federal supply class (FSC) of the supplies being purchased will be considered. In the case of a supplier without a record of relevant past performance history in SPRS for the FSC or

PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

(End of Provision)

FAR 52.211-6 Brand name or equal. (Aug 1990)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the Offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the Offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the Offeror clearly indicates in its offer that the product being offered is an “equal” product, the Offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

The following provisions are incorporated by reference

FAR

PROVISION

TITLE

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation

52.204-7 System for Award Management

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-20 Predecessor of Offeror

52.204-22 Alternate Line Item Proposal

52.204-26 Covered telecommunications Equipment or Services--Representation

52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--Representation

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-3 (Alt 1) Offeror Representations and Certifications—Commercial Items--Alternate I

52.219-1 (Alt 1) Small Business Program Representations--Alternate I

52.222-22 Previous Contracts and Compliance Reports

52.222-25 Affirmative Action Compliance

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications

DFARS

PROVISION TITLE

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7004

DoD Antiterrorism Awareness Training for Contractors

252.204-7007

Alternate A, Annual Representations and Certifications

252.204-7008

Compliance with Safeguarding Covered Defense Information Controls

252.204-7011 Alternate Line Item Structure

252.215-7007 Notice of Intent to Resolicit

252.213-7013 Supplies and Services Provided by Nontraditional Defense Contractors

252.225-7000 Buy American-Balance of Payments Program Certificate

The following provisions are incorporated by full text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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—

(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.

(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

(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)

Amendment(s) published July 14, 2020, in 85 FR 42679

EFFECTIVE DATES: Aug. 13, 2020

11. Amend section 52.204-25 by—

a. Revising the date of the clause;

b. In paragraph (a), adding in alphabetical order the definitions “Backhaul”, “Interconnection arrangements”, “Reasonable inquiry” and “Roaming”;

c. Revising paragraph (b); and

d. Removing from paragraph (e) “this paragraph (e)” and adding “this paragraph (e) and excluding paragraph (b)(2)” in its place.

Please complete below

252.225-7035 Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

(DEVIATION 2020-O0019) (JUL 2020)

(a) Definitions. “Bahrainian end product,” “commercially available off-the-shelf (COTS) item,”

“component,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,”

“qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy

American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense

Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments

Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade

Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of

Payments Program.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of

Payments Program—Basic clause of this solicitation, the offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror shall identify all end products that are not domestic end products.

(i) The offeror certifies that the following supplies are qualifying country

(except Australian) end products:

(Line Item Number) (Country of Origin)

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products:

(Line Item Number) (Country of Origin)

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a

COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

(Line Item Number) (Country of Origin (If known))

(End of provision)

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (ADR) (Dec 2016)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party.

The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-

1, or for the agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining

ADR to be inappropriate.

Officer.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (AUG 2020)

(a) Definitions. As used in this provision-

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

(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.

(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.

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

“will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

(i) For covered equipment—

(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

(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

(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

(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

(End of provision)

Amendment(s) published July 14, 2020, in 85 FR 42679

EFFECTIVE DATES: Aug. 13, 2020

11. Amend section 52.204-25 by—

a. Revising the date of the clause;

b. In paragraph (a), adding in alphabetical order the definitions “Backhaul”, “Interconnection arrangements”, “Reasonable inquiry” and “Roaming”;

c. Revising paragraph (b); and

d. Removing from paragraph (e) “this paragraph (e)” and adding “this paragraph (e) and excluding paragraph (b)(2)” in its place.

FAR 52.219-1 Small Business Program Representations (Oct 2014) Alt I (Sep 2015)

(a) Definitions. As used in this provision--

“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 concern eligible under the WOSB Program.

“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” 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 (b) of this provision.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 336112.

(2) The small business size standard is 1500 Employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(1) The Offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [_] is, [_] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The Offeror represents as part of its offer 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 (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Offeror 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

Offeror represented itself as a women-owned small business concern eligible under the WOSB Program in

(c)(4) of this provision.] The Offeror represents as part of its offer 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 (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The Offeror 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 Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(7) [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The Offeror represents as part of its offer that is [_] is, [_] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, as part of its offer, that –

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, 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 (c)(8)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The Offeror 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.

(9) [Complete if Offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The

Offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The

Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section

8(d) for a definition of program eligibility, shall --

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

End of Provision Section

SOLICITATION CLAUSE SECTION

ADDENDA TO 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203-1v7 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of whistleblower Rights

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

FAR 52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance

Services or Equipment (AUG 2020)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.211-17 Delivery of Excess Quantities

FAR 52.212-4 Contract Terms and Conditions—Commercial Items

FAR 52.219-6 Notice of Total Small Business Set-Aside(DEVIATION 2020-O0008

FAR 52.219-28 Post-Award Small Business Program Rerepresentation

FAR 52.222-25 Affirmative Action Compliance

FAR 52.223-5 Pollution Prevention & Right-To-Know Information (Alt 1)

FAR 52.223-6 Drug Free Workplace

FAR 52.225-13 Restrictions on Certain Foreign Purchases

FAR 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

FAR 52.232-36 Payment by Third Party

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-1 Disputes

FAR 52.233-3 Protest after Award

FAR 52.233-4 Applicable Law for Breach of Contract Claim

FAR 52.242-17 Government Delay of Work

FAR 52.243-1 Changes Fixed Price (Alt 1)

FAR 52.246-2 Inspection of Supplies – Fixed Price

FAR 52.246-16 Responsibility for Supplies

FAR 52.247-34 F.o.b. Destination

FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form)

FAR 52.253-1 Computer Generated Forms

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

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7005 Representation Relating to Compensation…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Aug 27, 2020.