W25G1V19R0022.pdf
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- Automatic Deburring Finishing Machine and Dust Collection System at Tobyhanna Army Depot
- Solicitation number
- W25G1V19R0032
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SEE ADDENDUM
(No Collect Calls)
W25G1V19R0032 06-Aug-2019
b. TELEPHONE NUMBER
570-615-8733
8. OFFER DUE DATE/LOCAL TIME
03:30 PM 22 Aug 2019
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.
W25G1V9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DAVID KERN
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
W25G1V905901Q4
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ACC-APG, TOBYHANNA DIVISION
11 HAP ARNOLD BLVD
TOBYHANNA PA 18466-5100
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W25G1V 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SEE BELOW FOR SEPARATE SHIPPING INSTRUCT
XXX
XXX PA 00000
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333517
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF63
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.
W25G1V19R0032
Section SF 1449 - CONTINUATION SHEET
ADDENDUM
ADDENDUM:
Solicitation W25G1V-19-R-0032 is issued in accordance with FAR Part 12, Acquisition of Commercial Items and FAR Part 13.5, Simplified Procedures for Certain Commercial Items and therefore will utilize simplified procedures for soliciting competition, evaluation, award documentation and notification that comply with FAR 13.1.
1. ELECTRONIC SOLICITATION: This solicitation, including amendments, is available electronically only and available for downloading by interested sources at https://www.fbo.gov. No Bidders or Solicitation Mailing Lists (BML/SML) are available from the Government; however, interested sources are encouraged to register for the solicitation. Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issue. Offerors are advised to consult the website frequently to check for the issue of amendments since an amendment may be issued up until the offer due date and time. Failure to acknowledge amendments may render your offer non-responsive and ineligible for award.
2. All proposals must be submitted electronically, via e-mail only, to the Contract Specialist at david.k.kern2.civ@mail.mil. Please include the Solicitation Number, W25G1V-19-R-0032 in the subject line. See Paragraph 9 of this section for further instructions. All Offerors are required to acknowledge all amendments issued to the solicitation with their proposal by signing and including one copy of the amendment with their proposal.
3. Prospective offers must maintain an active account in the System for Award Management database (https://www.sam.gov) to be eligible for award and not subject to offset. Offerors must also be found responsible in accordance FAR 9.1. Prospective contractors must be found responsible to receive an award.
4. This requirement will result in one (1) firm fixed-price (FFP) contract for the supply and installation of one (1) automatic deburring machine and dust collection system.
See Attachment I - Statement of Work for more information. The period of performance is 180 day After Date of Contract (ADC). The Government reserves the right to cancel this solicitation and will not be responsible for any proposal or associated costs incurred by offerors. Financing is not offered for this contract.
5. In accordance with FAR 52.236-27, a pre-proposal site visit will be held on Tuesday, August 13, 2019 at 9:00am. The site visit will start at Building 20, Tobyhanna Army Depot. Offerors planning to attend must e-mail the Contract Specialist.
6. All questions must be submitted in writing to david.k.kern2.civ@mail.mil. Offerors are instructed NOT to contact any TYAD personnel, as this may result in a delay of answers. Questions must be received no later than seven (7) calendars before the solicitation closing date, or August 15, 2019 at 2:00PM. All questions and answers will then be incorporated into the solicitation and any resultant contract via amendment.
7. The minimum acceptance period for offer is sixty (60) days from date specified in (Offer Due Date) on page 1 of the SF1449, including any extensions of the offer due date by solicitation amendment.
8. AWARD EVALUATION will be performed in accordance with FAR 52.212-2 Evaluation-Commercial Items in the clause section of this solicitation. The Government reserves the right to ask questions if the Contracting Officer later determines them to be necessary. Basis for award: Award will be made based on best value to the Government with the following factors considered: Technical, Price and Past Performance.
9. ELECTRONIC SUBMISSIONS ONLY, NO FAXES OR HARD COPY OR
AMENDMENTS WILL BE ACCEPTED.
10. PROPOSAL FORMAT AND CONTENT
(a) FORMAT
Proposals must be submitted in distinct and severable parts and labeled as Non-Price and Price. The Non-Price proposal shall be further broken down into severable parts and labeled as Technical and Past Performance. Failure to follow these instructions may render your proposal non-responsive. The offeror’s proposal SHALL NOT contain classified information. The use of hyperlinks in proposals is prohibited. The Proposal shall contain three volumes:
Volume I Technical Proposal Volume II SF 1449 Response with Price and Reps and Certs completed.
Volume III Past Performance
The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.
The following additional restrictions apply: Each paragraph shall be separated by at least one blank line. A standard, 12 point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size not less than 8 point and may be landscape.
(b) CONTENT
All information shall be confined to the appropriate volume. The offeror shall limit submissions to that essential documentation which is sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including adequate details, in a concise manner, which enables a complete and accurate evaluation of the proposal.
VOLUME I: TECHNICAL PROPOSAL REQUIREMENTS
Technical proposals will be evaluated on an acceptable/unacceptable basis. See FAR 52.212-2 - Evaluation of Commercial items.
Offeror’s technical proposal should clearly reflect how the offeror proposes to comply with the Statement of Work (SOW) and specification requirements. Offeror’s technical proposal including any supporting documentation shall be clear and concise. Technical proposals should not just be a parroting of the requirement. Offeror shall address all SOW requirements with a narrative on how the contractor intends to fulfill the contract SOW requirements and clearly demonstrate how the proposed equipment meets the minimum specifications. Offerors shall use descriptive and explanatory elements in addressing all elements. A single statement of Offeror compliance will not be accepted in lieu of an explanatory description and shall disqualify the Offeror from contract award consideration. Proposals that do not address all elements in the noted Sections individually may not be reviewed and may not be given contract award consideration.
Offeror’s technical proposal shall be arranged as follows:
For each TAB below the Technical proposal shall include cross references to the SOW paragraph number being addressed.
TAB A: Capability of Meeting Equipment Specification Requirements:
Offeror shall provide detailed information of proposed Automatic Deburring Machine and Dust Collection System as specified in the SOW. Include equipment data sheets describing specifications.
TAB B: Capability of Meeting and Providing a Turnkey Solution to Include Design, Assembly, Site Preparation, and Installation:
Offeror shall specifically address capability and method of providing turnkey solution to include supply, delivery, assembly, installation training and site preparation. Offeror shall specifically address method to supply all labor, materials, supervision, tools and equipment to deliver, off-load, locate and place into position, and anchor all component pieces, materials and supplies necessary for the turn-key assembly and installation of the deburring equipment.
TAB C: Capability of Meeting Cyber Requirements:
Offeror shall address capability of providing component list of all IT-related parts for inspection/compliance by TYAD personnel as well as abide by all applicable Security Technical Implementation Guides (STIGs) and Security Requirements Guides (SRGs).
If the contractor is required to submit an implementation plan with the proposal submitted, please include this in TAB C.
TAB D: Capability of Meeting SOW Delivery Requirements:
Offeror shall provide a timeline of site preparation, delivery, installation, testing and training. Discuss method to supply all labor, materials, supervision, tools and equipment to deliver, off-load, locate and place into position, and anchor all component pieces, materials and supplies necessary for the turn-key assembly and installation of the deburring machine. Provide a timeline of site preparation, delivery, installation, testing and training.
TAB E: Capability of Providing Training Requirements:
Offeror shall discuss process for meeting the machine maintenance and operator training requirements per SOW.
TAB F: Capability of Meeting SOW Warranty Requirements:
Offeror shall specifically address methods and capabilities of meeting the warranty requirements specified in the SOW. Offeror shall address the proven method used to comply with SOW turnaround time for a breakdown. Information on supplying repair and replacement parts shall be included. The offeror shall describe the customer maintenance support structure including maintenance and repair service.
TAB G: Capability of Providing Required Manuals and Documentation Required in the SOW:
Offeror shall address capability of meeting the manual requirements and documentation to be submitted as specified in the SOW.
VOLUME II: COMPLETED SF 1449 FORM, SIGNED AND DATED WITH ALL
REPRESENTATIONS AND CERTIFICATIONS COMPLETED AND PRICING
COMPLETED:
Parties interested in responding to RFP shall complete a Standard Form (SF) 1449, Blocks 5, 12,17a, 17b, 19 thru 24, 30A, 30B, and 30C. The offer must be signed and dated by a company official authorized to contractually bind the company. An acrobat PDF file shall be created to capture the signatures for submission or hand sign and scanned. No typed signatures. The offeror shall provide one unit price and one total price for requirements. The proposed pricing shall be completed on the contract line item number (CLIN 0001) in the SF 1449. Offerors are advised to provide the most competitive pricing they can with the initial proposal submission. SF 1449
Representations, Certifications shall be completed as required. Certifications and Representations -- Each offeror shall complete (fill-in and signatures) the Certification and Representations in the Clause section of the solicitation using the file (without modification to the file) provided with the RFP. An authorized official of the firm shall sign the SF 1449 and all certifications requiring original signature. Along with the SF 1449, any Amendments issued to the solicitation shall be acknowledged with the proposal submitted. Acknowledgment shall be signed and dated copy of the Amendment.
VOLUME III: PAST PERFORMANCE:
This volume shall contain a maximum of three past performance references. Information regarding same or similar contracts that the offeror has performed within the past three years from issue date of this RFP, which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the effort required by the solicitation and similar dollar value. Data concerning the offeror shall be provided in the most recent efforts listed first. This volume shall not exceed 15 pages, this volume shall be organized into the following sections:
TAB A Contract Identification. This shall include the following information in the following format:
(1) Contractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers). Contractor may use a Commercial Entity or Government Entity for below. However, all contact information must be provided.
(2) Government contracting activity, and current address, Procuring Contracting Officer’s name, e-mail address, telephone and fax numbers.
(3) Government’s technical representative/COR and current email address, telephone and fax numbers.
(4) Government contract administration activity and the Administrative Contracting Officer’s name, and current e-mail address, telephone and fax number.
(5) Government contract administration activity’s Pre-Award Monitor’s name, and current e-mail address, telephone and fax numbers.
(6) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers.
(7) Contract Type (specific type such as Fixed-Price (FP), Cost Reimbursement (CR), Time & Material (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc.).
(8) Awarded price/cost.
(9) Final or projected final price/cost.
(10) Original delivery schedule, including dates of start and completion or work.
(11) Final or projected final, delivery schedule, including dates of start and completion of work.
TAB B Project Description. Offerors shall provide a specific narrative explanation of each contract listed, describing the objectives achieved and detailing how the effort is relevant to the requirement of this RFP.
TAB C Performance.
(1) For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions.
(2) The offerors shall also provide copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the offeror or proposed subcontractor. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.
(3) For all contracts, the offeror shall provide data on all manufacturing warranty returns. Data shall delineate total number of warranty returns, number of Could Not Duplicate (CND), number of failures attributable to GFE component failures, and number and nature of failures attributable to the offeror’s delivered product.
TAB D New Corporate Entities. New corporate entities may submit data on prior contracts involving its officers and key employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. Letters of Commitment shall be included in the proposal for these employees in order to be considered. Submissions. Offerors are discouraged from providing points of contact with another contractors’ facility, i.e., in case an offeror (or one of his/her team members) is in a subcontract with another contractor who has submitted a proposal on the same requirement. Offerors shall provide and submit the prime contract number and all Governmental/Commercial agency points of contact (POC) in lieu of subcontract numbers or prime contract POCs in situations as described above. Past Performance will be rated as Acceptable/Unacceptable. Offeror's past performance must be determined to be Acceptable to receive an award.
11. RFP attachments:
Attachment I: Statement of Work
- END OF NOTES -
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
AUTOMATIC DEBURRING MACHINE
FFP
Turn-key design, supply, site preparation, delivery, installation, cleaning, assembly, setup and training of an Automatic Deburring Finishing Machine and Dust Collection System at Tobyhanna Army Depot, Tobyhanna, PA 18466. To be provided in accordance with the Statement of Work.
FOB: Destination
MILSTRIP: W25G1V905901Q4
PURCHASE REQUEST NUMBER: W25G1V905901Q4
PSC CD: 3417
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 180 dys. ADC 1 SEE BELOW FOR SEPARATE SHIPPING
INSTRUCT
XXX
XXX PA 00000
FOB: Destination
W25G1V
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
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
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (DEVIATION 2019-O0003).
JAN 2019
52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-18 Certification Regarding Knowledge of Child Labor for Listed
End Products
FEB 2001
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018
52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.244-5 Competition In Subcontracting DEC 1996 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 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications JUN 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal Violation under any Federal or State Law
MAR 2012
252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.213-7000 Notice to Prospective Suppliers on Use of Supplier
Performance Risk System in Past Performance Evaluations
MAR 2018
252.215-7008 Only One Offer OCT 2013 252.215-7010 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data
JAN 2018
252.217-7026 Identification of Sources of Supply NOV 1995 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7013 Duty-Free Entry--Basic MAY 2016 252.225-7021 Trade Agreements--Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 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 2012 252.246-7007 Contractor Counterfeit Electronic Part Detection and
Avoidance System
AUG 2016
252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
(End of clause)
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)
(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)
(a) Definition. Women-owned business concern, as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(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;
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.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)
(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.
Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.
OFFEROR RECOMMENDATIONS
PRICE
ITEM QUANTITY QUOTATION TOTAL
(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government reserves the right to ask questions if the Contracting Officer later determines them to be necessary.
Basis for award: Award will be made based on best value to the Government with the following factors considered: Technical, Price and Past Performance.
The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to ask questions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in W25G1V-19-R-0032 the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Proposal requirements are set forth in the ADDENDUM to the solicitation.
The following factors shall be used to evaluate offers:
(i) Technical: The item(s) offered will be evaluated IAW Proposal Submission Instructions as providing or complying with all the requirements set forth in the solicitation. To be found technically acceptable offer must show in the technical proposal submitted that the proposed items meet the solicitation’s minimum specifications, warranty and delivery requirements. This evaluation will result in a determination of technical acceptability or unacceptability. Exceeding the technical requirements will not result in a more favorable evaluation since the overall technical evaluation will be Pass/Fail. Technical factor is divided into the following sub-factors:
A: Capability of Meeting Equipment Specification Requirements
B: Capability of Meeting and Providing a Turnkey Solution to Include Design, Assembly, Site Preparation, and Installation
C: Capability of Meeting SOW Cyber Requirements
D: Capability of Meeting SOW Delivery Requirements
E: Capability of Providing Training Requirements
F: Capability of Meeting SOW Warranty Requirements
G: Capability of Providing Required Manuals and Documentation Required in the SOW
(ii) Price. As per completed line item schedule (CLIN 0001). Offerors are advised to provide the most competitive pricing they can with the initial proposal submission.
(iii) Past Performance: Offeror’s past performance must be found acceptable to be considered for award. Offeror shall submit a maximum of three (3) recent relevant past performance Government contracts performed with proposal submission. Past performance examples will be evaluated for relevance and quality.
A. Relevance is defined as fulfilling the same or similar requirement for the same or similar services/supplies under the same or similar circumstances.
B. Quality is evaluated as overall customer satisfaction, including but not limited to: performance of the services/supplies provided; timeliness of delivery; willingness to negotiate and accommodate changes; cost control;
processing of warranty claims, performance of maintenance agreements; availability of general customer support.
C. Three (3) examples of past performance shall be included in the offeror’s proposal. Each example shall contain all information required by the proposal requirements at the ADDENDUM to the solicitation.
D. Should the offeror provide more than three (3) examples of past performance, the Government is not obligated to contact more than the first three. Offerors should confirm that the POC telephone numbers and emails are accurate and in service; failure to provide valid telephone numbers does not obligate the Government to further pursue those examples of past performance.
E. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.
F. Nothing in this solicitation prohibits the Government from obtaining and considering past performance from any source available.
G. Negative information obtained using past performance evaluations will be provided to the offeror to be addressed unless such negative information or circumstances have already been addressed by the offeror.
(b) Options. There are no options.
(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 ITEMS (OCT 2018)
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 (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business 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.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related…
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