SPMYM324Q3103 Solicitation.pdf
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- Attached to
- Cofferdam Protective Enclosure - Direct WOSB Federal contract opportunity
- Solicitation number
- SPMYM324Q3103
About this file
This document is a solicitation for a Cofferdam Protective Enclosure to be manufactured and delivered to the Portsmouth Naval Shipyard in support of VIRGINIA Class submarine work. The solicitation is being issued using Simplified Acquisition Procedures and the SBA Certified Women Owned Small Business (WOSB) program procedures, with a direct award planned to Reynolds Welding & Fabrication LLC.
The key requirements include manufacturing one (1) Cofferdam Protective Enclosure per the provided drawing and Statement of Work, with a delivery date of March 28, 2025. The enclosure must be fabricated off-site by the contractor and then delivered to the shipyard for on-site assembly and installation. Technical acceptability and price will be the evaluation factors, with award going to the lowest priced, technically acceptable offeror. Quotations are due by September 6, 2024.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SPMYM324Q3103 Sol Amend 0001.pdf | ||
| SPMYM324Q3103 Enclosure JA_Redacted.pdf | ||
| SPMYM324Q3103 Att2 -Security Agreement N2PI.docx | DOCX document |
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SEE ADDENDUM
(No Collect Calls)
SPMYM324Q3103 15-Aug-2024
b. TELEPHONE NUMBER
207-438-3985
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 06 Sep 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
SPMYM39. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
EMILY KRITZMAN
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
N0002424MP00286
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
DLA MARITIME PORTSMOUTH
PORTSMOUTH NAVAL SHIPYARD
ATTN: EMILY KRITZMAN
EMAIL: EMILY.KRITZMAN@DLA.MIL
KITTERY ME 03904-5000
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX
13b. RATING
DO-A3
CODE15. DELIVER TO CODE N39040 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
PORTSMOUTH NAVAL SHIPYARD
PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
BLDG 170, 2ND FLOOR,
CODE KMC
KITTERY ME 03904
TEL: 207-438-5521 FAX:
FAX:
TEL: 207-438-3985 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332312
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
X
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF55
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
SPMYM324Q3103
Section SF 30 - BLOCK 14 CONTINUATION PAGE
ADDITIONAL SOLICITATION DETAIL
The Simplified Acquisition Procedures (SAP) are being utilized as authorized under FAR 13.5.
The SBA Certified Women Owned Small Business (WOSB) program procedures are being utilized as authorized under FAR 19.1506, in accordance with the Justification and Approval (J&A) for pursuit of direct procurement to Reynolds Welding & Fabrication LLC (Cage 7XZH8).
Vendors are required to fill out this SF 1449 and return is as their quotation. Quotations are to be submitted to DLA-KME-QUOTATIONS@DLA.MIL with Emily.Kritzman@dla.mil on copy. It is the responsibility of the offeror to ensure their quotation has been received by the agency. Receipt confirmation can be obtained via email.
CLAUSES INCORPORATED BY FULL TEXT
INVOICING AND PAYMENT INSTRUCTIONS:
Contracting Officer’s point of contact is:
Emily Kritzman, Code KME.EK Emily.Kritzman@dla.mil
Submit invoices via Wide Area Workflow (https://wawf.eb.mil) in accordance with the instructions contained in FAR 252.232-7006 (Wide Area Workflow Payment Instructions).
Calls inquiring on payments can be made to DFAS Columbus Customer Service at 800-756-4571.
WAWF invoice/reject inquiries can be made to ask DFAS by email at: https://www.dfas.mil/dfas/AskDFAS/
The DFAS website is https://www.dfas.mil/dfas/AskDFAS/DoDAAC.html
Vendor POC:
Name:
Phone:
Email:
TAILORED 52.212-1
TAILORED 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
PARA (f) IS TAILORED as follows:
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2) (i) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation is in the best interest of the Government and would not unduly delay the acquisition.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1 “Instructions To Offerors – Commercial Items”
1. GENERAL. In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following information is provided:
1.1. Initial Quotes and any modifications thereto are to be submitted to the Contracting Office on or before the closing date and time cited elsewhere in this Request for Quote.
1.2. Important Notes:
1.2.1. Vendors shall respond to all requirements of the solicitation document. Vendors are cautioned not to alter the solicitation.
1.2.2. Responses should be submitted via email, provided elsewhere.
1.3. Quotations shall be submitted via email to:
1.3.1. The Contract Specialist at Emily.Kritzman@dla.mil
AND
1.3.2. The Contracting Inbox DLA-KME-QUOTATIONS@DLA.MIL
1.4. The NAICS Code applicable to this acquisition is 332312 Fabricated Structural Metal Manufacturing, and the FSC Code applicable to this acquisition is 5450 Miscellaneous Prefabricated Structures.
1.5. Period for acceptance of quotations: The offeror agrees to hold prices in its quotation firm for 60 calendar days from the solicitation due date unless a different period is specified.
1.6. The following conditions shall be met in order to be eligible for award:
1.6.1. The offeror must be affirmatively determined responsible according to the standards in FAR Subpart 9.1.
1.6.2. The offeror's quotation must comply with the requirements of law, regulation and all conditions set forth in the solicitation.
1.6.3. The offeror's quotation must demonstrate a clear understanding of the nature and scope of work required. Failure to provide a descriptive, reasonable and complete quote may reflect a lack of understanding of the work requirements and may result in a determination that the offeror's quote is unacceptable. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an offeror's quote. The offeror's quotation must demonstrate how each of the minimum requirements set forth in the solicitation have been met.
2. CONTENT OF QUOTE
2.1. Solicitation cover sheet with appropriate blocks completed by the vendor (including CAGE Code).
2.2. Solicitation pricing pages completed by the vendor.
2.3. A complete and signed Standard Form 1449 (SF 1449), “Solicitation/Contract/Order for Commercial
Items” and executed Amendments, if applicable.
2.4. Acknowledgement of solicitation amendments (if not previously acknowledged).
2.5. Technical Submission to include:
2.5.1. Submission of technical information for evaluation, clearly demonstrating compliance with the specifications, should include, but is not limited to: Drawings, Part Numbers, Product Catalogs, and Traceability Documentation if applicable.
2.5.2. Submission of technical information for evaluation shall include information/data to support price reasonableness, in support of Technical Evaluation and Price Analysis.
2.5.2.1. This shall include but is not limited to: an itemized list of the materials included in the quotation, to include all required material, demonstrating compliance with the specifications, and demonstrating the basis of the quoted pricing.
2.5.2.2. If applicable, copies of quotations for materials, copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.
2.5.3. A Small Business Subcontracting Plan, if applicable.
2.6. Representations and Certifications completed by the Vendor in accordance with instructions contained elsewhere in this Solicitation. If the Vendor has completed all of the representations and certifications required by this Solicitation in ORCA in accordance with FAR 52.204-8 and DFARS 252.204-7007 ALT A, then the Vendor need not submit the hardcopy Representations and Certifications.
2.7. Additional Information Needed:
2.7.1. Your Cage: ___________________________.
2.7.2. Your TIN#: ___________________________________.
2.7.3. Your Business Size: _________________________________.
2.7.4. Quoting As Manufacturer? Yes _____ or No _____.
2.7.5. Quoting as Authorized Dealer _____ or Third Party _____.
2.7.6. Name of Quoted Manufacturer ____________________________________.
2.7.7. Manufacturer Business Size: _____________________________.
2.7.8. Method (s) of payment: Wide Area Workflow (WAWF); Acknowledge ______.
2.7.11. Place of Mfg/Country of Origin: _____________________________________.
2.7.11.1. Note: Country of Origin of individual raw materials should be included in quote details.
2.7.12. Delivery Time: __________________________.
2.7.13. FOB Terms: Destination ____ or Origin _____. [FOB DESTINATION IS REQUESTED]
2.7.14. Is Shipping/Freight included in the Unit Price?: Yes _____ or No _____.
2.7.14.1. Provide estimated shipping price: ___________________.
3. The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. An objection to any of the terms and conditions of the solicitation may constitute a deficiency which will make the offer unacceptable.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
COFFERDAM ENCLOSURE
FFP
Manufacture and Deliver, One (1) Cofferdam Protective Enclosure, for Portsmouth Naval Shipyard (PNS); fixture to support VIRGINIA Class overhauls. Enclosure to be manufactured, including electrical elements, in accordance with the Statement of Work (SOW), and Attachment 1 Drawing DWG S86111840.
Drawing is Distribution D, therefore Approved and Active DD2345 is required to be provided for every instance of distribution.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
MILSTRIP: N0002424MP00286
PN/CN: Enclosure
PURCHASE REQUEST NUMBER: N0002424MP00286
PSC CD: 5450
NET AMT
STATEMENT OF WORK
1. SCOPE OF WORK (SOW)
1.1. Contractor shall provide Cofferdam Protective Enclosure and all materials required to complete the work as identified below. Work will be performed at the contractor’s facility or an authorized subcontractor facility and support VIRGINIA Class submarine work.
2. FABRICATION OF COFFERDAM PROTECTIVE ENCLOSURE
2.1. The contractor shall manufacture specialized VIRGINIA Class Cofferdam Protective Enclosure per drawing listed in section 3 (Reference Documents). Fabrication shall be IAW requirements identified in cofferdam protective enclosure fabrication drawings.
2.2. The appropriate personnel at Portsmouth Naval Shipyard (PNSY) shall adjudicate any discrepancies or issues with fabrication. Please notify the Contracting Officer at Defense Logistics Agency-Maritime (DLA-M) and they will facilitate.
2.2.1. Any known/intended/proposed design changes regarding requirements must be clearly identified in submittals, and must be approved by Engineering during the Evaluation phase, prior to award. Any additional changes discovered during execution must also be approved by Engineering, prior to fabrication.
2.3. All surface finishes and protective coatings used in cofferdam protective enclosure fabrications shall be IAW fabrication drawing requirements.
2.4. Upon completion/certification of fixtures, Contractor shall arrange/fund transportation to final destination currently planned for PNSY in Kittery Maine. Contractor shall provide the crane/fork at the origin, and that the contractor is responsible for ensuring it is secured for safe travel. PNSY will be responsible for unloading at destination.
2.5. Material Requirements:
2.5.1. All material acquisitions and test hardware/equipment associated with VIRGINIA Class cofferdam protective enclosure fabrications shall be the responsibility of the contractor.
2.5.2. All material listed in the drawing is ‘brand name or equal’ and any substitutions must be provided in accordance with the salient characteristics. Any materials representing an updated model or brand substitution, must be clearly identified, and would need to be evaluated by engineering to be determined acceptable or not acceptable.
2.5.3. The contractor will provide all mandatory and contingent replacement items required to complete the SOW’s task.
2.5.4. During the execution of the SOW, if replacement item due to procurement availability is deemed as not supporting the project’s schedule, the contractor is to identify this item and notify DLA-M for distribution to PNSY technical personnel for assessment and approval.
2.5.5. All consumable materials/tooling shall be supplied by the contractor.
2.6. Material Salient Characteristics: substitutions of material listed in the drawing must be in accordance with the salient characteristics, and shall be approved by PNSY technical personnel prior to production.
2.6.1. Colors: Any color listed in the drawing that is specific to a particular manufacturer (ex imperial white), may be substituted by the same or similar equivalent color of an approved ‘or equal’ material.
2.6.2. Wall Panels: The Kingspan 200 series wall panels, noted in the drawing, have been discontinued. Kingspan Quadcore KS “or equal” insulated wall panels, 2in thick, color shall be white; must be made of insulated, rust-resistant metal, with insulation made of moisture resistant foam, rated to R-7.2 per inch, +/-1 per inch.
2.6.3. Roof: The Kingspan 100 series roof panels, noted in the drawing, have been discontinued; an “or equal” product must be provided. Bilco “or equal” Type D-50 aluminum roof scuttle, with measurements per the drawing.
2.6.4. Grating: Walkway shall be in accordance with the drawing. Stairs shall be in accordance with the drawing.
2.6.5. Scaffolding/Railings: Excel Modular Scaffolding “or equal” handrail on walkway and roof to be installed in accordance with the drawing. Railings must meet OSHA Standard 1910.29, Subpart D, Walking-Working Surfaces, Fall protection systems and falling object protection - criteria and practices.
2.6.6. Doors to be standard hollow metal door, intended for exterior use, with metal frame to fit rough opening specified in drawing. Frame depth not to exceed 5 inches.
2.6.7. Ladder: O’Keefe Inc Model 520 “or equal” Ladder, must be made of aluminum grade 6061-T6 for rungs and 6063-T5 for extruded shapes, made for marine vessel applications, with handrail meeting standards per drawing, and angled for a 72 degree slope. (sheet 15)
2.6.8. Rubber: Neoprene UV resistant rubber flap, 1/4in thick +/- 1/16in.
2.7. Required quantity:
2.7.1. Cofferdam Protective Enclosure, 1 each
2.7.2. Engineering drawings, 1 each
2.7.2.1. Developed using commercially available CAD software, such as AutoCAD. Submitted in PDF format.
2.8. Inspection:
2.8.1. Prior to shipment to final destination, Shipyard personnel may elect to conduct a one-day site visit and inspection, and the Contractor may be required to host a one-day origin inspection at their facility for Shipyard personnel, at the manufacturing facility, to ensure build quality and conformity to supplied drawings and references.
(Due to the timelines required for planning travel arrangements, notification of anticipated completion date should be made to the Government approximately one month prior to completion and the need for a site visit).Final Inspection (for acceptance) will occur at the Destination.
2.9. Delivery:
2.9.1. To be delivered to: Portsmouth Naval Shipyard, Kittery, ME 03904. Exact delivery location on the Installation will be coordinated at the time of delivery.
2.9.2. The two major sections would require two wide load shipments.
2.9.3. Due to shipping constraints, enclosure will require field welding at the Destination. On-site installation and assembly is required. During assembly, they will be bolted together on-yard and the legs welded following delivery.
Additionally the roofs seams between the two sections would need to be completed at that point.
3. REFERENCE DOCUMENT:
3.1. DWG S86111840 VA Class Submarine Coffer Dam Protective Enclosure, REV B.
***END SOW***
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 28-MAR-2025 1 PORTSMOUTH NAVAL SHIPYARD
PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
BLDG 170, 2ND FLOOR,
CODE KMC
KITTERY ME 03904
207-438-5521 FOB: Destination
N39040
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.
DEC 2023
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law
FEB 2016
52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use
APR 2008
52.211-15 Defense Priority And Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.219-1 Alt I Small Business Program Representations (FEB 2024) Alternate I
FEB 2024
52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-22 Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals -- Representation.
DEC 2016
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.248-1 Value Engineering JUN 2020 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors
JAN 2023
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
MAY 2024
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations
JAN 2023
252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System
JAN 2023
252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7022 Representation of Extent of Transportation by Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conform(s) to the solicitation, price and other factors considered. A Lowest Price Technically Acceptable (LPTA) evaluation, in accordance with (IAW) FAR 15.101-2, will be conducted. All offers will be evaluated to determine technical acceptability. In addition to price, the Government will evaluate technical acceptability factors in accordance with the evaluation criteria contained in this solicitation. These factors are deemed essential in order to determine the offer that best meets the government's needs. Award will be made to the lowest price offeror that is determined to be technically acceptable, and determined to be responsible.
1. EVALUATION FACTORS
1.1 The quotation shall consist of: (1) Technical Acceptability, and (2) Price Information. The award will be made to the lowest priced technically acceptable offeror.
1.2 Vendors will be required to submit a quote that will be evaluated in accordance with the specifications and provisions of the solicitation. Vendors are reminded to submit technical description as specified in FAR 52.212- 1(b)(4).
1.3 Quotations will be evaluated as follows:
1.3.1 TECHNICAL ACCEPTABILITY
1.3.2 PRICE
1.4 The Government reserves the right to award on initial offers. The Government is not obligated to seek completion or clarification of technical and past performance information.
2.0 FACTOR 1: TECHNICAL ACCEPTABILITY
The technical acceptability non-price evaluation factor for determining acceptability of offers will be evaluated as follows.
2.1 Technical: Quotations submitted by each vendor will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.212-1 Instruction to Offerors, and Addendum to FAR 52.212-1 and determined to be either acceptable or unacceptable. Failure to include pricing for all items may be cause for rejection of the quote for all line items.
2.1.1 The Offeror must address the specifications in sufficient detail so that the Government can reasonably determine that the Offeror possesses the ability to successfully perform the contract. The Government will not give any favorable consideration, preference, “extra credit,” or other positive evaluation to any matters contained in a section of the vendor’s quote, which could be construed to exceed the minimum requirements in the specifications included in the solicitation.
2.2 Technical documentation should include Past Performance information. The offeror shall demonstrate relevant experience (identify contracts/orders and POCs, considering scope, magnitude, and complexity as defined above), within the past five (5) years. Offerors should provide a detailed explanation demonstrating the relevance of the contracts/orders to the requirements of the solicitation. Relevant experience is experience (within the past five years) which is directly related to or similar to scope and complexity to that which is described in the solicitation.
2.2.1 For purposes of this solicitation, relevancy in scope, magnitude and complexity are measured by the following:
2.2.1.1 Scope: Experience in the areas defined in the Specifications/Scope of Work (e.g. manufacturing of fixtures similar in size, with similar detail/precision).
2.2.1.2 Magnitude: Contract references with a contract or task order dollar value of at least $250,000.
2.2.1.3 Complexity: The measure of similarity of products provided, technical requirements, and managerial/manufacturing intricacy that exists between the specification/SOW and the offeror's performance on other contracts.
2.2.2 The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources to include, but not be limited to, the Contractor Performance Assessment Reporting System (CPARS), the Contract Business Analysis Repository (CBAR), and the Supplier Performance Risk System (SPRS). The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This past performance information will be used for the evaluation of past performance.
2.2.3 An offeror lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance.
2.3 Subjective judgment on the part of the Government is implicit throughout this source selection. Each factor will be assigned a rating of “Acceptable” or “Unacceptable” based on whether the quote meets the basic minimum requirements as described. A rating of acceptable shall be required in all factors in order to be considered for award.
“Acceptable” is defined as meeting the RFQ requirements; “Unacceptable” is defined as not meeting the RFQ requirements.
2.4 Technical Evaluation Ratings (Rating: Description)
2.4.1 Acceptable: Submission clearly meets the minimum requirements of the solicitation.
2.4.2 Unacceptable: Submission does not clearly meet the minimum requirements of the solicitation.
2.5 Offers that simply state they are in compliance, may be considered Unacceptable.
2.6 Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable.” If the technical submittal is determined “Unacceptable,” it renders the entire quote technically unacceptable and will no longer be considered for further competition or award.
3.0 FACTOR 2: PRICE
3.1 All quotes will be evaluated to determine that the offered price(s) are fair and reasonable. Quoted prices will be evaluated on the basis of price reasonableness in accordance with FAR 15.404-1(b).
3.2 The vendor shall submit one (1) signed copy of the completed SF 1449, and if applicable, executed copies of Amendments. The offeror’s price quotation shall include the unit price and extended unit prices for each CLIN.
Vendors shall include pricing for all line items listed. Failure to do this may be cause for rejection of the quote for all line items.
3.3 The prices quoted shall be in accordance with the solicitation, and will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3. Price Quotes shall be held firm for ninety (90) days.
3.4 Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.
4.0 SELECTION
4.1 The Government intends to evaluate quotations and issue an award using the procedures of FAR Part 13.5, Simplified Procedures for Certain Commercial Items. Upon completion of the above, the Government intends to issue a single award for all items. The Government reserves the right to not issue an award if it is not in the best interest of the Government.
4.2 The Government reserves the right to award on initial offers. The Government intends to award the contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each Offeror should submit its most favorable terms from a Price and non-price standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined to be necessary.
(b) 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)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2024-O0002) (MAY 2024) ALTERNATE I (FEB 2024)
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110–174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-- (1)(i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more 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.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled 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 business concern means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) Veteran-owned small business concern. [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.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Small disadvantaged business concern. [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 124.1001.
(6) Women-owned small business concern. [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 women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(11) HUBZone small business concern. [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…
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