SP4701-20-Q- 0032-Harris Corporation HF Radio.pdf
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- Attached to
- Harris Corporation’s HF Radio Site Services
- Solicitation number
- SP4701-20-Q-0032
- Issued by
-
Defense Logistics Agency
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| File | Type | Posted |
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| Amendment 001 - CLIN STRUCTURE - Harris Radio.docx | DOCX document | |
| JA OTFAOC Redacted.pdf | ||
| Harris Radio - QASP.pdf |
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SOURCE SELECTION INFORMATION IAW FAR 2.101 & 3.104
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(1) Date: March 24, 2020
(2) Contracting Office Address:
DLA Contracting Services Office Philadelphia 700 Robbins Avenue, Building # 26/2, North Side Philadelphia, PA 19111
(3) Proposed Solicitation Number: SP4701-20-Q-0032
(4) Closing Response Date: April 8, 2020 at 12:00PM EST
(5) Contact Point: Patricia Kenneh (215-737-0457; patricia.1.kenneh@dla.mil )
(6) Set Aside: NA
(7) NAICS Code: 517919
(8) Statement of Work:
https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1112616 mailto:patricia.1.kenneh@dla.mil
SECTION 1: SUPPLIES AND SERVICES
Please refer to the table below when submitting the proposal:
Base Period 1: CLIN 0001 through 0002: May 1, 2020 – April 30, 2021
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001 Site Survey San Pedro, CA
1 UN
TOTAL
0002 Site Survey Anchorage, AK
TOTAL ______________
OPTION PERIOD 1 CLIN 1001 through 1002: May 1, 2021 – April 30, 2022
1001 Site Survey San Pedro, CA
1002 Site Survey Anchorage, AK
IDC Minimum: $15,00.00, to be filled by the first order IDC Maximum: $249,000.00, maximum allowable under the SAT
Submission of Proposals: Please send all proposals via email to Patricia Kenneh, patricia.1.kenneh@dla.mil or Maxwell Day, maxwell.day@dla.mil mailto:patricia.1.kenneh@dla.mil mailto:maxwell.day@dla.mil
1.0 TITLE: Harris Corporation’s HF Radio Site Services IDC
1.1 BACKGROUND:
Defense Logistics Agency operates Harris Corporation’s HF Radio systems throughout the enterprise for emergency and contingency communications. DLA is continuously expanding the established Harris emergency and contingency communications architecture to new locations within the United States. DLA has a recurring requirement to manage the established location’s Harris HF Radio systems and expand the communications architecture according to the agencies evolving requirements and manufacturer recommendations.
1.2 OBJECTIVE
The objective is to obtain certified Harris HF Radio Services for new and existing DLA locations within the United States. These services may include surveys, site support, installation, parts, calibration, maintenance and certification required to provide a fully functioning system. Due to the proprietary nature of Harris HF Radios, and that Harris Corporation only certifies their technicians to work on Harris Radios, a sole source contract will be required to fulfill the technical services required.
1.3 CONTRACTOR IDENTIFICATION
As stated in 48 CFR 211.106, Purchase Descriptions for Service Contracts, Contractor personnel shall identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and by displaying distinguishing badges or other visible identification for meetings with Government personnel. Contractor personnel shall appropriately identify themselves as Contractor employees in telephone conversations and in formal and informal written correspondence.
1.4 GOVERNMENT RIGHTS
The Government reserves the following rights:
1.4.1 Award without Discussion
The Government intends to evaluate proposals and make award without discussions. Proposals should contain the vendor’s best terms. Additionally, the Government reserves the right to conduct discussions and request proposal revisions if it is determined to be necessary.
1.4.2 No Award
The Government reserves the right not to make an award as a result of this RFP if such award is determined contrary to the best interest of the Government.
1.4.3 Proposal Preparation Cost
The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any proposal in response to this RFP.
1.5 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 legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.
(c) If you wish to opt out of this clause, check here
[ ]. Alternate wording may be negotiated with the contracting officer.
SECTION 2: PERFORMANCE WORK STATEMENT (PWS)
2.1 TECHNICAL SERVICES
Site Survey
- Provide survey results which identifies optimal physical location for Harris HF Radio System and includes all components necessary for the entire system.
- Cost estimate for parts, installation and calibration of the complete system which includes equipment, travel and other direct costs.
- Identification and acceptance of available and previously procured Harris Corporation equipment furnished by the government (GFE) or already installed in the current configuration.
Site Support
- Repairs of existing system
- Service Calls/Technical support
- System Maintenance
Complete system installation
- Includes all parts and equipment (Government may or may not provide previously procured or installed parts)
- Includes installation and all labor, travel, and other direct costs
2.2 PLACE(S) OF PERFORMANCE
DLA is continuously expanding to new sites throughout the United States. Places of performance are not limited to the list below and will be identified through individual task order.
DLA Disposition Services Hart-Dole-Inouye Federal Center 74 N Washington Ave Battle Creek MI 49037
DLA Troop Support 700 Robbins Avenue Command & Control Center Bldg. 36 Philadelphia PA 19111
DLA HQ Fort Belvoir 8725 John J. Kingman Rd.
JLOC J311 Room 0327 Ft Belvoir, VA 22060
DLA Distribution San Joaquin 25600 S. Chrisman Road Tracy, CA 95304
Houston, Texas 2320 La Branch Ave Houston, TX 77004
DLA Aviation 8000 Jefferson Davis Hwy Richmond, VA 23297
DLA Land and Maritime 3990 E Broad St (Bldg. 20) Columbus OH 43218
DLA Distribution Distribution Logistics Operations Center (DLOC) Command & Control Center Bldg. 430 2001 Mission Drive New Cumberland PA 17070
DLA Energy West San Pedro 3191 N Gaffey Street San Pedro, CA 90731
DLA Energy North Elmendorf AFB Anchorage, AK 99506
2.3 PERIOD OF PERFORMANCE
May 1, 2020 through April 30, 2022 Individual performance requirements will be identified through funded task orders.
2.4 GOVERNMENT FURNISHED PROPERTY
Government may provide previously procured Harris Corporation brand materials maintained in inventory or currently installed equipment. GFE shall be identified and approved prior to performance.
2.5 DEFENSE LOGISTICS AGENCY POINTS OF CONTACT
• Technical Point of Contact (TPOC)
Paul Goebel | Paul.Goebel@dla.mil | 269-961-4404
• J6TE Contract/WAWF Invoice POC Gregory Bozovich | Gregory.Bozovich@dla.mil | 717-770-6292
2.6 CONTRACTING OFFICER
The Contracting Officer for this acquisition is:
Patricia Kenneh Phone #: (215) 737-0457 Email Address: patricia.1.kenneh@dla.mil
2.7 DFARS 252.201-7000 (DEC 1991) CONTRACTING OFFICER’S
TECHNICAL REPRESENTATIVE (COTR)
Paul Goebel
(269) 961-4404 Paul.goebel@dla.mil
2.8 Performance Requirements
2.8.1 Nondisclosure Statements
After award, all Contractor personnel performing on the MMESO effort will be required to sign a Non-disclosure Agreement (NDA)). Contractor resources will not be permitted to commence work on the contract until an NDA has been signed by them. The Contractor PM must provide a faxed copy of the signed NDA to the DCSO-P KO prior to any contractor resource performing on the MMESO effort and must provide the original signed NDA not later than five (5) days after award to the DCSO-P KO. DLA KO retains the right to request removal of any Contractor resource that violates any terms of the NDA.
2.8.2 Performance Measurements
Performance measures will be used to assess the Contractor's performance in order to determine whether the Contractor is performing at acceptable levels. The performance measurements shall be based on timeliness and quality of the work and deliverables provided by the Contractor. These measurements are defined as:
• Timeliness – The completion of taskings and/or the submission of deliverables within the schedule set forth by the Government during performance.
• Quality – The quality of work completed under the resulting taskings will be measured based on the Government’s determination of the validity, accuracy, clarity, and usefulness of a deliverable or if the work performance met the expected outcomes as was communicated to the Contractor by the government.
mailto:Paul.goebel@dla.mil
2.8.3 Performance Standards. Below are the Performance Standards that will be used in evaluating performance on a monthly basis and in determining the amount of the payment owed to the Contractor. Performance standards and ratings are designed to determine if performance exceeds, meets, or does not meet a given metric and acceptable quality level.
The performance will be rated each month by the COR. These findings will be the basis for the amount paid for that month. Note: The application of these performance ratings or failure of the Government to apply these performance ratings does not waive any of the Government’s rights to damages under this contract. The following overall ratings shall be used:
Good – Performance meets or exceeds contract requirements in terms of timeliness and quality.
The COR recommends and the contracting officer will make a determination to pay the contract 100% of the invoice amount.
Fair – Performance meets contract requirements with either only minor performance issues or minor timeliness issues. The performance and/or timeliness issues do not adversely impact the mission of the Agency. The COR recommends and the contracting officer will make a determination to pay the contractor 90% of the invoice amount.
Poor – Performance narrowly meets contract requirements by at least one of the following:
bordering on unacceptability in terms of or quality of performance, bordering on unacceptability in terms of timeliness, or potentially having an adverse impact on the mission of the Agency. The COR recommends and the contracting officer will make a determination to pay the contractor 80% of the invoice amount.
Unacceptable – Performance has been at a less than acceptable level in terms of timeliness or quality. Possible issues include, but are not limited to: missed milestones, low quality documents requiring multiple reviews and rewrites, significant or serious complaints submitted by the customers, documents that do not comply with acquisition or policy regulations, or one or more cure notices have been issued. Payment will be withheld pending resolution of cure notice(s). Termination for default or cause may result.
The ratings, as described in the table above, will be based on the performance of the contractor on the timeliness and quality of the services provided using the rating scale for each criterion as shown below:
Timeliness Good Meets or exceeds contract requirements in terms of timeliness of delivery.
Fair Minor timeliness issues that do not adversely impact the mission of the Agency.
Poor Timeliness issues that are not minor and/or borders on unacceptability. Adverse impact on the mission of the Agency is possible.
Unacceptable Contractor failed to meet the timeliness requirements.
Possible issues include, but are not limited to; one or more deliverables not submitted on time or missed milestones.
One or more cure notices may have been issued by the Contracting Officer
Quality Meets or exceeds contract requirements in terms of quality of work performed.
Fair Performance meets contract requirements with only minor issues and the issues do not adversely impact the mission of the Agency.
Poor Performance narrowly meets contract requirements and either borders on unacceptability in terms of quality, or adverse impact on the mission of the Agency is possible.
Unacceptable Quality of performance has been at a less than acceptable level. Possible issues include, but are not limited to: low quality documents requiring multiple reviews and rewrites, significant or serious complaints submitted by the customers, documents that did not comply with acquisition or policy regulations or one or more cure notices have been issued by the Contracting Officer.
2.5 TRANSITION OUT PLAN
The Transition-Out Plan shall facilitate the accomplishment of a seamless transition from the incumbent to an incoming Contractor /Government personnel at the expiration of the CONTRACT VEHICLE. The Contractor shall provide a Transition-Out Plan NLT 90 days prior to expiration of the CONTRACT VEHICLE. The Contractor shall identify how it will coordinate with the incoming and/or Government personnel to transfer knowledge. The Transition-Out Plan shall detail how the incumbent Contractor shall provide a method of exporting data, using industry best practices, so that it could be readily imported to another database structure.
The Transition-Out Plan shall, at a minimum, include the following:
• Project management processes
• Points of contact
• Location of technical and project management documentation
• Status of ongoing technical initiatives
• Appropriate Contractor to Contractor coordination to ensure a seamless transition.
• Transition of Key Personnel
• Identify schedules and milestones
• Identify actions required of the Government
• Establish and maintain effective communication with the incoming Contractor/Government personnel for the period of the transition via weekly status meetings
• Standard Operating Procedures (SOPs) for all tasks
• Identify extract of data
The contractor shall provide a price to implement a transition plan in the event the transition out plan is invoked.
2.6 NON-PERSONAL SERVICES
The contract is for "non-personal services" as defined in FAR 37.101. It is, therefore, understood and agreed that the contractor and/or the contractor’s employees: (1) shall perform the services specified herein as independent vendors, not as employees of the Government; (2) shall be responsible for their own management and administration of work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any Government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the Government's right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the contract requirements.
SECTION 3: SOLICITATION PROVISIONS
ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION
(eCMRA) REPORTING
(i) The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.
(ii) Reporting input will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at:
http://www.ecmra.mil/.
AMERICAN WITH DISABILITIES ACT (ADA) SECTION 508 COMPLIANCE
REQUIREMENTS
The Vendor’s proposed contractor support shall comply with Section 508 of the ADA available on the Web at http://www.section508.gov/. As required by Section 508 of the ADA, compliance guidance for this project can be found in 36 CFR Part 1194.1- 1194.5, 36 CFR Part 1194.21 and 36 CFR Part 1194.22 (http://www.access-board.gov/sec508/guide/index.htm).
http://www.ecmra.mil/ http://www.ecmra.mil/ http://www.section508.gov/ http://www.access-board.gov/sec508/guide/index.htm
Unless the Government invokes an exemption, all Electronic and Information Technology (EIT) products and services proposed shall fully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, 29 United States Code (U.S.C.) 794d, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194. The Contractor shall identify all EIT products and services proposed, identify the technical standards applicable to all products and services proposed and state the degree of compliance with the applicable standards. Additionally, the Contractor must clearly indicate where the information pertaining to Section 508 compliance can be found (e.g., Vendor’s or other exact web page location). The Contractor must ensure that the list is easily accessible by typical users beginning at time of award. The Contractor will complete a Product Accessibility Report (see Attachment D) and self-certify meeting the Section 508 Compliance.
FAR 52.216-1 Type of Contract (APR 1984)
The Government contemplates award of a firm fixed price contract resulting from this solicitation. The requirement will be awarded directly to Harris Corporation.
INVOICE INSTRUCTIONS
An invoice is the vendor’s bill or written request for payment under the contract for supplies delivered or services performed. Invoicing shall be submitted upon completion of the task requirement.
The invoice shall comply with the requirements identified below:
The Government intends invoicing to be done electronically in accordance with DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. The Government will utilize the Department of Defense Wide Area Workflow (WAWF) Receipt and Acceptance (RA) System to accept supplies/services delivered under this task order. This web-based system is located at https://wawf.eb.mil and provides technology for DOD vendors and authorized DOD personnel to generate, capture, and process receipt and payment related documentation in a paperless environment. Invoices for supplies/services rendered under this blanket purchase agreement shall be submitted electronically through
WAWF.
The requirements for invoicing are subject to FAR 52.232-25 Prompt Payment.
Invoices for goods received or services rendered under this task order(s) shall be submitted electronically through WAWF. Hard copy invoices cannot be accepted.
The vendor’s failure to include the necessary information will result in invoices being rejected. Back up documentation can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The Maximum size limit of each attachment is 2 Megabytes (MB). Total size limit for all files is 5MB.
The vendor is required to utilize the system when processing invoices and receiving reports under this contract/order. Unless the provisions at DFARS 252.232-7003(c) applies, the vendor shall (1) ensure an Electronic Business Point of contact is designated in the System for Award Management (SAM) at https://www.sam.gov and https://wawf.eb.mil/ https://wawf.eb.mil/ https://www.sam.gov/ https://www.sam.gov/
(II) register to use WAWF-RA at the https://wawf.eb.mil site within ten (10) calendar days after award on this contract/order or modification. Step by step procedures to register are available at the https://wawf.eb.mil site.
The vendor will submit invoices and performance reports as required by the PWS electronically in accordance with the requirements specified for WAWF. All invoices will clearly identify the period of performance. The approval of invoices will be based on the performance standards included in the requirements of the PWS.
All discrepancies from Task Order requirements will be highlighted and raised to the attention of the Contracting Officer within fifteen (15) business days from date of submission to the COR.
The COR will approve invoices which demonstrate that the vendor has met the deliverables for the period.
The vendor is directed to use the “2-In-1” format when processing invoices and receiving reports.
For those vendors who are unfamiliar with WAWF, contents for this information can be located on the Defense Finance and Accounting Services (DFAS) Website at:
http://www.dfas.mil/Contractororpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroniccommerc/ETToolBox.html
After clicking the “submit” button, a Notice of Successful/Unsuccessful Submission will appear. This screen contains a “Send More E-Mail Notifications” button. Click on this button and add the email addresses for the COR, and others as desired.
Notification shall be provided for each invoice submitted.
In some situations, the WAWF-RA system will pre-populate the “Issue By DoDAAC,” “Admin By DoDAAC,” and “Pay DoDAAC.” Vendors shall verify those DoDAACs automatically entered by the WAWF-RA system match the above information. If these DODAACs do not match, then the vendor shall correct the field(s) and notify the Contracting officer of the discrepancy (ies). On the vendor Interface page click on “WAWF-RA” header at the top of the page. Under downloads on the WAWF-RA page that appears, click the appropriate documents either “Combo”, “2-in-1,” or “Cost Voucher” to download the instructions.
Note to Vendor:
Before closing out an invoice session in WAWF-RA, but after submitting the document(s), the vendor will be prompted to send additional email notifications.
Vendors shall click on “Send More Email Notification” on the page that appears.
Add the acceptor’s/receiver’s email address (Note this address is their work address and not their WAWF-RA organizational email address) in the first email address block and add any other additional email addresses desired in the following blocks.
This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice document(s) have been submitted into the WAWF-RA system.
https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/ http://www.dfas.mil/Vendororpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/Vendororpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroniccommerc/ETToolBox.html
The POC’s identified above are for WAWF-RA issues only. Any other contracting questions/problems should be addressed to the Contracting Officer or other person identified in the contract/order to whom questions are to be addressed.
WAWF Tools and Help
(a) The vendor may have their CAGE code activated (required only first time) in
WAWF by calling 866-618-5988. Once activated, the vendor should self-register at the web site https://wawf.eb.mil <https://wawf.eb.mil> .
(b) Vendor training is available at: http://www.wawftraining.com <http://www.wawftraining.com> . Additional support can be obtained by calling the DISA Ogden Help Desk at 1-866-618-5988 or emailing to cscassig@ogden.disa.mil <mailto:cscassig@ogden.disa.mil> .
(c) WAWF Vendor “Quick Reference” Guides are located at:
https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wa wf_ overview/vendor_information <https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/w awf _overview/vendor_information>
Payment information can be accessed from the Defense Finance and Accounting Service (DFAS) website at http://www.dfas.mil. The contract/order number and invoice number is required when inquiring about the status of a payment. Questions concerning payment should be directed to the DFAS at 1-800-756-4571.
FAR 52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2020 through April 30, 2022.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
FAR 52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $15,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/ http://www.wawftraining.com/ http://www.wawftraining.com/ http://www.wawftraining.com/ http://www.wawftraining.com/ http://www.wawftraining.com/ https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information http://www.dfas.mil/ http://www.dfas.mil/
(1) Any order for a single item in excess of $249,000.00;
(2) Any order for a combination of items in excess of $249,000.00, or
(3)A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c)If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
FAR 52.216-22 Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after April 30, 2022.
https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745
(End of clause)
DLAD 13.390 Indefinite delivery contracts (IDCs) below the simplified acquisition threshold
(SAT).
(a) IDCs below the SAT use simplified procedures to acquire an indefinite quantity of supplies in amounts not to exceed the simplified acquisition threshold for the total contract period. The basic contract will establish the terms and conditions of the IDC below the SAT. IDCs below the SAT are useful when repetitive low dollar value purchases are made for the same item, the price of the item is expected to be stable, and expected yearly or other long–term demands are not sufficient to establish an indefinite delivery contract using FAR Part 15 procedures. A guaranteed minimum (GM) must be established for the base period and is optional for any option periods.
To satisfy the GM, the first delivery order shall be issued with the basic contract or a GM account shall be established.
(b) Contracting officers shall coordinate expected duration and frequency with the materiel planner before deciding to use an IDC below the SAT.
(c) Only one IDC below the SAT shall be established per item; except that multiple IDCs below the SAT for the same item may be awarded if the awardee's performance under each IDC below the SAT is limited to a separate and distinct region or physical location.
(d) IDCs below the SAT may be unilateral or bilateral depending on the risk associated with the item and contractor.
(e) Contracting officers shall include procurement notes H05 or H06 in IDCs below the SAT RFQs.
H05 Bilateral Indefinite-Delivery Contract (IDC) Below the Simplified Acquisition Threshold
(SAT)
(SEP 2017)
(1) The Government will award a bilateral IDC below the SAT resulting from this request for quote to the responsible offeror whose offer conforming to the terms and conditions in the request for quote will be most advantageous to the Government, price and other factors considered. The offeror receiving the award is required to sign the basic contract and return the signed contract to the contracting officer.
(2) Price evaluation will be based on the price quoted for the estimated annual demand in the schedule.
(3) Once the guaranteed minimum quantity for the IDC is met, the Government is under no obligation to place additional orders. The Government may place additional orders for the period of performance stated in the basic contract, effective from the date of the basic award. All additional orders will reference the basic contract, which documents the terms and conditions of the IDC. The maximum aggregate value of orders under the IDC below the SAT is stated in the basic contract; the aggregate value of all orders will not exceed the simplified acquisition threshold or, for IDCs below the SAT using FAR Subpart 13.5, the thresholds in 13.500(a).
(4) Pricing of orders. The unit price for orders is based on the price for the quantity range that will cover the total quantity on the order, regardless of destination, if applicable.
H06 Unilateral Indefinite-Delivery Contract (IDC) Below the Simplified Acquisition Threshold
(SAT)
(SEP 2017)
(1) The Government will award an IDC below the SAT resulting from this request for quote to the responsible offeror whose offer conforming to the terms and conditions in the request for quote will be most advantageous to the Government, price and other factors considered.
(2) Price evaluation will be based on the price quoted for the estimated annual demand in the schedule.
(3) Acceptable contractor performance on the initial delivery order creates the IDC below the SAT, and is agreement by the contractor to accept additional orders under the same terms and conditions specified in the basic award.
(4) Once the guaranteed minimum quantity for the IDC is met, the Government is under no obligation to place additional orders. The Government may place additional orders for the period of performance stated in the basic award, effective from the award date. All additional orders will reference the basic award, which documents the terms and conditions of the IDC. The maximum aggregate value of orders under the IDC below the SAT is stated in the basic award;
the aggregate value of all orders will not exceed the simplified acquisition threshold or, for IDCs below the SAT using FAR Subpart 13.5, the thresholds in 13.500(a).
(5) Pricing of orders. The unit price for orders is based on the price for the quantity range that will cover the total quantity on the order, regardless of destination, if applicable.
FAR 52.237-3 -- CONTINUITY OF SERVICES (JAN 1991)
(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees– to --
(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer’s written notice,
(1) furnish phase-in, phase-out services for up to 90 days after this contract expires and
(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required.
The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
PRIVACY ACT CLAUSES:
FAR 52.224-1 -- PRIVACY ACT NOTIFICATION (APRIL 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.
FAR 52.224-2 -- PRIVACY ACT (APRIL 1984)
(a) The Contractor agrees to --
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --
(i) The systems of records; and
(ii) The design, development, or operation work that the contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract, which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.
(c)
(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
Note: Additional information on the Privacy Act may be found at:
http://www.defenselink.mil/privacy/.
FAR 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): FAR -http://farsite.hill.af.mil/vffara.htm DFARS - http://farsite.hill.af.mil/vfdfara.htm FAR 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207) FAR 52.204-7 System for Award Management (Oct 2016) FAR 52.204-13 – System for Award Management Maintenance (Oct 2016) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Jan 2017) FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-2 Service of Protest (Sep 2006) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.245-15 Stop Work Order ( FAR 52.246-25 Limitation of Liability -- Services (Feb 1997) DFARS 252.204-7000 DISCLOSURE OF INFORMATION (Oct 2016)
DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
(JUN 2012)
DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) (Section 1038 of Pub. L. 111-84) DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012) (10 U.S.C. 2410) DFARS 252.245-7002 Reporting Loss of Government Property (APR 2012) DFARS 252.245-7003 Contractor Property Management System Administration (APR 2012) DFARS 252.245.7004 Reporting, Reutilization, and Disposal (MAR 2015) DLAD 52.233-9000 Agency Protests (NOV 2011) http://www.defenselink.mil/privacy/
FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING (AUG 2011)
FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005) (FEB 2020)
SECTION 4: EVALUATION OF PROPOSAL
4.1 BASIS FOR AWARD
The Government intends to make a single firm fixed price sole source award in accordance with FAR Part 12. Award will be made to an eligible, responsible contractor based upon a technically acceptable offer at a fair and reasonable price. Other than full and open competition is permitted for this sole source award.
The offeror is responsible for providing adequate documentation to enable a thorough evaluation of its proposal. The offeror shall submit a proposal that clearly and concisely describes and defines the offeror’s proposal to meet the objectives/requirements contained in the RFP and
PWS.;.
Technical Acceptability will be determined based on the following:
• Demonstrates a thorough understanding of the scope and complexity of the work PWS via the Work Breakdown Structure (WBS) (labor mix and level of effort);
• Approach and methodology including analyzing the likelihood of project success as it relates to the requirements of this RFP. Vendor’s shall explain their understanding of the required support and present their approach to this requirement given the purpose and tasks described in the PWS. In this explanation, discuss how your personnel will be utilized and discuss how your approach and staffing knowledge base presents the most optimal solution for this requirement in light of risks associated with achieving objectives and satisfying the tasks. Show specific skill mix intended for support of each task area described in the PWS.
SECTION 5: REPRESENTATIONS AND CERTIFICATIONS & ADDITIONAL
SOLICITATION PROVISIONS
52.212-2 Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
• Technical
• Price
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
(DEC 2019)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision -
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service -
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily;
or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f9c411036987ae8cc04997585ee5cd23&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f9c411036987ae8cc04997585ee5cd23&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/cfr/text/48/52.204-25 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=968a5b4de9973418d4e70b996d5b2a1b&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3ef557ba0ee1fe84e8c2a7e26dc8e2ac&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3ef557ba0ee1fe84e8c2a7e26dc8e2ac&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7fee42b5c357636fb6bdac6efa992acc&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=05798b00227a9a3cb859ce4e18bcc650&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/cfr/text/13/part-127 https://www.law.cornell.edu/cfr/text/13/part-127 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4e844c537457149a27a94427b43e7320&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6060c961bb42eeccb767c4ab90545cee&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6060c961bb42eeccb767c4ab90545cee&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=5b9c7efe371a2a09bae628ebcbd859af&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=5b9c7efe371a2a09bae628ebcbd859af&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-3
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end…
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