SPMYM422Q0790_CSS.pdf
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- Attached to
- PROBES Federal contract opportunity
- Solicitation number
- SPMYM422Q0790
About this file
This is a solicitation for array probes issued by the Defense Logistics Agency Maritime Pearl Harbor Naval Shipyard. The solicitation seeks quotes for various array probes including circular/axial X+ non-magnetic bobbin probes, X-probe solid body magnetic bobbin probes, and X-probe solid body non-magnetic bobbin probes. Quotes are due by September 21, 2022 and the contract will be awarded on a firm fixed price basis. Zetec Inc. is the only known manufacturer. Responses must include representations and certifications, technical specifications, and SAM registration information. Questions should be directed to the contract specialist via email.
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DLA DISTRIBUTION
GOVERNMENT REPRESENTATIVE
RECEIVING DEPT, CODE Z0S
667 SAFEGUARD ST, BLDG 167-1
JBPHH, HI 96860-5033
SPMYM4
DLA Maritime Pearl Harbor 667 Safeguard St.
JBPHH, HI 96860
This is a combined synopsis/solicitation for commercial items prepared in accordance with the information in FAR 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.
The solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular 2022-07 and DFARS Change Notice 20220825. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/.
The NAICS code is 334519 and the Small Business Size Standard is 500 employees. This requirement is being solicited on an unrestricted basis in accordance with 10 U.S.C. 2304(c)(1).
Zetec Inc. (Cage Code - 51327) is the only known source of this material at this time. All responsible sources are encouraged to submit a capability statement, proposal, or quotation, which will be considered by the agency. Quote submissions will be evaluated in accordance with the terms and conditions outlined in this solicitation. Offers must complete the entire solicitation document to include representations and certifications, provisions and clauses, provide all product technical specification documentation and technical compliance certifications, and ensure current SAM registration. All offers shall be in the English language and in U.S. dollars.
1. Solicitation Number: SPMYM4-22-Q-0790
2. Solicitation Issue Date: 16 September 2022
3. Contract Specialist: Amanda Spenn
4. Quote Due Date/Local Time: 21 September 2022, 1:00 PM (EST). All quotes must be submitted electronically to Amanda.Spenn@dla.mil by the quote due date above. The email subject field shall contain the solicitation number. The email body shall include the Contractor name, address, phone number, and email address.
5. Requested FOB point is Destination. Inspection and Acceptance is Destination. The assigned Defense Priorities and Allocations System (DPAS) rating is DO-C9.
6. Responses to this notice and any questions concerning this opportunity must be submitted in writing and emailed directly to: Amanda.Spenn@dla.mil.
7. Issued By:
8. Discount Terms: Net 30 Days
9. Method of Solicitation: RFQ
10. Deliver To:
SPMYM422Q0790
https://www.acquisition.gov/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ mailto:Amanda.Spenn@dla.mil mailto:Amanda.Spenn@dla.mil
11. Contractor/Offeror:
BUSINESS NAME:
ADDRESS:
PHONE NUMBER:
CAGE CODE:
12. Total Price:
13. The contractor is required to sign this document and return 1 copy to the issuing office. The contractor agrees to furnish and deliver all items set fort or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.
POC for this requirement is Amanda Spenn.
14. Signature of Offeror/Contractor:
15. Name (Type or Print):
16. Date Signed:
SPMYM422Q0790
FAR SUBPART 13.5
Simplified Acquisition Procedures are being utilized as authorized under FAR subpart 13.5.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # CXB4-026
CIRC/AXIAL X + NON-MAG BOBBIN PROBE W/TITANIUM SLEEVE AND
CENTERING FEET - STRAIGHT TUBE; ITEM DIAMETER: 0.450IN (11MM);
TUBE ID: 0.492-0.495IN (12.5-12.57MM); COIL: 212LF= 2X 12 ARRAY/LOW
FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT (15M);
CONNECTOR: 36 PIN, AMPHENOL; MIZID: YES; TESTING: STANDARD
MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123700
MFR PART NR: CXB4-026
PURCHASE REQUEST NUMBER: N3225320123700
PROJECT: NY9
PSC CD: 6635
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 2 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # CXB4-052
CIRC/AXIAL X + NON-MAG BOBBIN PROBE W/TITANIUM SLEEVE AND
CENTERING FEET - STRAIGHT TUBE; ITEM DIAMETER: 0.450IN (11MM);
TUBE ID: 0.490-0.495IN (12.45-12.57MM); COIL: 212MR=2X 12 ARRAY/MID
FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT (15M);
CONNECTOR: 36 PIN, AMPHENOL; MIZID: YES; TESTING: STANDARD
MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123701
MFR PART NR: CXB4-052
PURCHASE REQUEST NUMBER: N3225320123701
PROJECT: NY9
0003 2 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # XP2-034
X-PROBE SOLID BODY MAG BOBBIN (SBB); ITEM DIAMETER: 0.460IN
(12MM); TUBE ID: 0.495IN (12.57MM); COIL: 212MR= 2X 12 ARRAY/MID
FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT (15M);
CONNECTOR: 36 PIN AMPHENOL; MIZID: YES; TESTING: STANDARD
MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123702
MFR PART NR: XP2-034
PURCHASE REQUEST NUMBER: N3225320123702
0004 2 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # XP2-035
XP2 = X-PROBE SOLID BODY MAG BOBBIN (SBB); ITEM DIAMETER:
0.460IN (12MM); TUBE ID: 0.495IN (12.57MM); COIL: 212LF= 2X 12
ARRAY/LOW FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT
(15M); CONNECTOR: 36 PIN AMPHENOL; MIZID: YES; TESTING:
STANDARD MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123703
MFR PART NR: XP2-035
PURCHASE REQUEST NUMBER: N3225320123703
0005 3 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # XP12-002
XP12 = X-PROBE SOLID BODY NON-MAG BOBBIN (SBB); ITEM
DIAMETER: 0.460IN (12MM); TUBE ID: 0.495IN (12.57MM); COIL: 212LF=
2X 12 ARRAY/LOW FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH:
50FT (15M); CONNECTOR: 36 PIN AMPHENOL; MIZID: YES; HAS BOP
ARRAY COILS. TESTING: STANDARD MANUFACTURING QUALITY
CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123704
MFR PART NR: XP12-002
PURCHASE REQUEST NUMBER: N3225320123704
0006 3 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # XP12-008
XP12 = X-PROBE SOLID BODY NON-MAG BOBBIN, NO SLEEVE OVER
DIFF BOBBIN, NO NOSE SECTION; ITEM DIAMETER: 0.460IN (12MM);
TUBE ID: 0.495IN (12.57MM); COIL: 212MR= 2X 12 ARRAY/MID
FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT (15M);
CONNECTOR: 36 PIN, AMPHENOL; MIZID: YES; TESTING: STANDARD
MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123705
MFR PART NR: XP12-008
PURCHASE REQUEST NUMBER: N3225320123705
0007 2 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # CXB4MB-004
CXB4/MB = CIRC/AXIAL X + MAG BOBBIN PROBE W/TITANIUM
SLEEVE, CENTERING FEET - STRAIGHT TUBE; ITEM DIAMETER: 0.460IN
(12MM); TUBE ID: 0.495IN (12.57MM); COIL: 212LF= 2X 12 ARRAY/ LOW
FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT (15M);
CONNECTOR: 36 PIN AMPHENOL; MIZID: YES; TESTING: STANDARD
MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123706
MFR PART NR: CXB4MB-004
PURCHASE REQUEST NUMBER: N3225320123706
0008 2 Each
ARRAY PROBE
FFP
ARRAY PROBE, MODEL # CXB4MB-005
CXB4/MB = CIRC/AXIAL X + MAG BOBBIN PROBE W/ TITANIUM
SLEEVE, CENTERING FEET - STRAIGHT TUBE; ITEM DIAMETER: 0.460IN
(12MM); TUBE ID: 0.495IN (12.57MM); COIL: 212MR= 2X 12 ARRAY/MID
FREQUENCY BOBBIN; POLY TYPE: 3/8T; LENGTH: 50FT (15M);
CONNECTOR: 36 PIN AMPHENOL; MIZID: YES; TESTING: STANDARD
MANUFACTURING QUALITY CHECK
MFG: ZETEC, INC. (CAGE CODE - 51327)
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
MILSTRIP: N3225320123707
MFR PART NR: CXB4MB-005
PURCHASE REQUEST NUMBER: N3225320123707
QUOTE INFORMATION
QUOTING AS SPECIFIED: YES NO (If No, List Exceptions)
QUOTING AS MANUFACTURER? YES NO QUOTING AS DEALER? YES NO
NAME OF QUOTED MANUFACTURER _________________________
Domestic Material? YES NO If not Domestic, Country of Origin: ________________________
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 0002 Destination Government Destination Government
0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 60 dys. ADC 2 DLA DISTRIBUTION
GOVERNMENT REPRESENTATIVE
RECEIVING DEPT, CODE Z0S
667 SAFEGUARD ST, BLDG 167-1
JBPHH HI 96860-5033
808-473-8000 X4961 FOB: Destination
N32253
0002 60 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0003 60 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0004 60 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0005 60 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0006 60 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0007 60 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0008 60 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
ADDITIONAL DELIVERY INFORMATIO
PLEASE ANNOTATE YOUR BEST DELIVERY SCHEDULE HERE:
______________DAY(S) _________________WEEK(S) __________________MONTH(S)
FOB DESTINATION: YES NO
(If no, identify FOB exception and include estimated shipping costs)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
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
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
NOV 2021
52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services
MAY 2022
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2021
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.233-1 Disputes MAY 2014 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7010 Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.- International Atomic Energy Agency Additional Protocol
JAN 2009
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7022 Expediting Contract Closeout MAY 2021 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
252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7010 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data
JUL 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 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 MAR 2022 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
OCT 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
SPECIFICATION CHANGES
No changes to specification or other contract technical requirements are allowed without Contracting Officer approval.
MARKING OF SHIPMENTS
The contractor shall mark all shipments of military packaged items in accordance with MIL-STD-129 (Latest Revision) “Marking for Shipment and Storage” and all commercially packaged items in accordance with ASTM-D- 3951 (Latest Revision) “Standard Practice for Commercial Packaging”.
ALL EXTERIOR CONTAINERS/PACKS SHALL AS A MINIMUM BE MARKED AS FOLLOWS:
1. Applicable National Stock Number (NSN), Federal Stock Number (FSN), Local Stock Number (LSN), or
Part Number, when neither NSN nor FSN or LSN are available.
2. Quantity
3. QA Designator:
4. Government Contract or Purchase Order Number (incl. Delivery Order No)
5. From: (Contractor’s Name and Address)
6. To: (Shipment Address)
7. Markings may be applied by any means, which provide legibility
8. Additional markings required are stated below:
PROHIBITED PACKING MATERIALS
The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.
INSPECTION AND ACCEPTANCE (DESTINATION)
Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. Receiving activity shall execute acceptance certificate on the applicable inspection and receiving report form: DD Form 1155, Standard Form 44, DD form 250, or the Wide Area Workflow (WAWF) Receipt and Acceptance Receiving Report. The executed payment copy shall be forwarded to the paying office within four (4) workdays thereafter.
52.204-20 Predecessor of Offeror (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
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.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
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 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:
(I) Technical Conformance (II) Price (III) Delivery (IV) Past Performance
The Technical Conformance to the required specifications evaluation factor is more important than the Price evaluation factor.
The Price evaluation factor is more important than the Delivery and Past Performance evaluation factors.
The Delivery evaluation factor is more important than the Past Performance evaluation factor.
The Technical Conformance and Price proposal, when combined together, are more important than
Delivery and Past Performance.
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more 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.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned 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 the 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.
(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 it [ ___ ] is, [ ___ ] is not a small business concern.
(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) Service-disabled veteran-owned small business 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 as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) 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 124.1002.
(5) 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.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) 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.
(9) 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:
(10) 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 listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line item No. Country of origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.
(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line item No. Country of origin
[List as necessary]
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
Line item No. Country of origin
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy…
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