W50S78-22-Q-0012 Released.pdf
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- Sunshade Repair
- Solicitation number
- W50S78-22-Q-0012
- Issued by
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Department of the Army National Guard
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SEE ADDENDUM
(No Collect Calls)
W50S7822Q0012 10-Aug-2022
b. TELEPHONE NUMBER
2106120153
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 18 Aug 2022
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 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.
W50S789. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DEREK GUEDES
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
F9J2MX2179AG01
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USPFO TX 149 MISSION SUPPORT CONTRACTING
107 HENSLEY STREET, BLDG 962, SUITE 2
LACKLAND AFB TX 78236-0123
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 F9J2MX 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
F9J2MX
ORTIZ, MIGUEL A MSGT
1493 BILLY MITCHELL BLVD BLDG 968
SAN ANTONIO (LACKLAND AFB) TX 78236-0123
TEL: (210) 925-9637 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332311
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
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 OF60
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.
Section SF 1449 - CONTINUATION SHEET
PERFORMANCE WORK STATEMENT
PERFORMANCE
WORK STATEMENT
(PWS) FOR
SUNSHADE REPAIR
SERVICES
Non-Personal Services
1.0 General:
1.1 Scope: The contractor shall provide supervision, labor, and proper safety gear necessary to perform Sunshade Repair at the 149ht Fighter Wing, Joint Base San Antonio - Lackland, TX. This requirement is solicited and awarded based on Lowest Price Technically Acceptable (LPTA).
1.2 Background: The aircraft sunshade that will require these services will be located on the flight line at Lackland AFB Texas. The Government will coordinate with the contractor reflecting the weekly/monthly maintenance schedule plan issued. The office of Responsibility will be the Maintenance Operations Flight / Plans and Scheduling Office.
1.3 Period of Performance (PoP): 1 Time Repair
1.4 General Information:
1.4.1 Sun Shade Repair: The contractor will perform sunshade repair to restore the sun shade back to original structures intended purpose, which is to protect personnel and air craft from the elements. The contractor must remove the existing damaged sunshade fabric and replace with new fabric material. The contractor must ensure that the fabric is 80% sunscreen material. The contractor's on-site supervisor shall notify the Contracting Officer representative (COR) and cease all repair operations if an unsatisfactory condition exists. See Photo below:
1.4.2 Scheduling: The contractor will schedule and perform the services required under this contract during the following hours: Tuesday through Friday (excluding legal U.S. holidays), beginning at 0600 hours and continuing performance until all scheduled services have been completed and have been accepted by the Aircraft Maintenances Supervisor, Production Supervisor, or Quality Assurance. Please assure base passes and repair times are coordinated with 149TH Maintenance Group 210-925- 9637 and in the event of any changes shall be notified immediately so proper action can be taken. The contractor will be given a notice of such changes in a reasonable time window in the event of delays.
1.4.3 Inclement Weather: In the event inclement weather prohibits this service, please coordinate alternative date and times to proceed.
1.4.4 Facility Maintenance: The contractor shall dispose of trash and debris from the work area.
1.4.5 Technical Orders: All T.O.'s for the contractor's use will be located in building 935. Government personnel will be responsible to ensure all T.O.'s are current. The contractor shall perform in accordance with all such referenced directives, manuals, technical orders, instructions, and other guidance. The contractor shall keep up to date with the information contained in all of the documents and their supplements as they apply to this service. Any increase or decrease in cost of performance occasioned by such revisions. Supplements, or amendments shall form the basis for an equitable adjustment. The contractor shall immediately implement those revisions, supplements or amendments that will result in a change in contract price, and submit to the Contracting Officer for review, negations and approval.
1.4.6 Equipment Accountability: Government Property (Firm Fixed Price Contracts), the contractor shall be bring all equipment needed to accomplish this task. No Government equipment will be provided.
1.4.7 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.
1.4.8 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation.
Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.
1.4.9 Recognized Holidays: The government's regular hours are from 6:30 to 5:00, Tuesday through Friday, except Federal Holidays as listed below and other days specifically designated by the Contracting Officer. There may be certain days that are deemed down days for Air National Guard members approved by the installation commander that are not listed below. These days will be conveyed to the contractor in a timely manner.
1.4.9.1 New Year’s Day: January 1st
1.4.9.2 Martin Luther King, Jr.’s Birthday
1.4.9.3 President’s Day
1.4.9.4 Memorial Day
1.4.9.5 Independence Day: July 4th
1.4.9.6 Labor Day
1.4.9.7 Columbus Day
1.4.9.8 Veteran’s Day: November 11th
1.4.9.9 Thanksgiving Day
1.4.9.10 Christmas Day: December 25th
1.4.9.11 Juneteenth
2.0 Quality Control (QC)
2.1 The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical.
2.2 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s). The following areas are rated according percentage accountable or number of defects.
Objective Performance Threshold Method of Inspection
2.2.1 Repair sunshade back to
intended functionality and specifications.
100% Accountability 100% Inspection
2.2.2 Hours of Operations are
followed IAW PWS until all scheduled services are completed and accepted by QAE.
100% Accountability 100 % inspection
2.2.31 Safety – Does Service
provider adhere to AFOSH Standards?
100% Accountability 100% Inspection
2.3 Access and General Protection/Security Policy and Procedures. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, Headquarters Air Force (HAF) and/or local policy.
Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.
2.3.1 The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
2.3.2 The contractor will submit a letter (on company letterhead) to the contracting Officer listing all employees who will be performing the required services at the 149th Fighter Wing, Lackland AFB, TX. A template will be forwarded to the contractor by the contracting Officer stating the required information needed for request of a base pass/badge. The contractor shall comply with:
AFI 31-101, Chapter 9 (will be provided upon request)AFI 31-601, Chapter 7,8,9,11,12 (entire chapter) Department of Defense Manual
(DOOM)
DOD 5220.22M, Chapter 1, Section 2, "General Requirements" DOD 5220.22M, Chapter 1, Section 3, "Reporting Requirements "DOD 5220.22M, Chapter 2 and Chapter 3 (entire chapters)
DOD 5220.22M, Chapter 5, Section 1, "General Safeguarding Requirements "DOD 5220.22M, Chapter 5, Section 2, "Control and Accountability"
DOD 5220.22M, Chapter 6, Section 1, "Visit Requirements "DOD 5220.22M, Chapter 7, (entire chapter)
DOD 5220.22M, Chapter 10, Section 6, "Contractor Operations Abroad"
2.3.3 A Visitor Group Security Agreement shall be developed by the Servicing Activity identifying the specific security requirements of the contractor and those of the installation authority providing oversight of contract security who are authorized by the Air force/ANG activity. The contractor will follow all Air Force and Air National Guard Directives in regards to Force Protection requirements.
2.3.4 The contractor shall establish and implement a key control program to ensure all keys issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the Government. The contractor shall immediately report to the COR, contracting Officer, Production Supervisor or the MOC any occurrences of lost or duplicated keys.
In the event keys, other than master keys, are lost or duplicated, contractor may be required, upon written direction of the Contracting Officer, tore key or replace the affected lock or lock without cost to the Government. The Government ma, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due to the contractor. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system and the total cost deducted from the monthly payment due to the contractor. The contractor shall prohibit the use of keys issued by the Government by any person other that the contractor's employees and the opening of locked areas, and to permit entrance of persons other than contractor's employee engaged in performance of contract work requirements in those areas.
2.4 Contractor Employees
The contractor shall provide a contract manager who will be responsible for the performance of the work.
The name of this person, and an alternates(s), who shall act for the contractor when the manger is absent, shall be designated in writing to the Contracting Officer at the Pre performance Conference. The manager or alternate shall have full authority to act for the contractor on all matters relating to the daily operation of this contract. The manager or alternate shall be available during normal duty hours within 30 minutes of notification to meet on the installation with government personnel (designated by the Contracting Officer) to discuss problem areas. After normal duty hours, the manager or alternate shall be available within three hours of notification. The manger or alternate must be able to read, write, speak and understand English.
The contractor shall not employ persons for work on eh contract identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population. Personnel shall present a neat appearance and be easily recognized as contractor employees and must be able to read, speak and understand English. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that contain the company name and employee names. The contractor shall not employ any person who is a full time employee of the US Government, as it would create a conflict of interest. If a military member or civilian working for the US Government is solicited for a position under this contract by the contractor the member MUST seek legal guidance and receive approval by the agency legal department IAW DOD 5500.7-R, Joint Ethic Regulation. Some form of documentation (e-mail is authorized) stating that legal review/approval was conducted must be forwarded to the contracting Officer prior to hiring the Government/Military member. The contractor shall be advised that Military Guardsmen may be subject to recall to active duty and or deployments. The abrupt absence of these personnel could adversely affect ꞏ the service provider's ability to perform; however, their absence at any time shall not constitute an excuse for non-performance under this contract.
The contractor will be responsible for scheduling government provided training and will comply with all training requirements to perform services as indicated in the PWS. The contractor shall document and maintain a training file of qualification and or certification records for each employee on site. Personnel shall be recertified when applicable, and all training documents shall be made available within a reasonable amount of time for Government review. Training and certification shall be completed within 30 days after hire date.
3.0 Definitions and Acronyms:
OSHA- Occupational Safety and Health Administration AFOSHA- Air Force Occupational Safety and Health Administration CFR - Code of Federal Regulations TCEO - Texas Commission of Environmental Quality SOW - Statement of Work Contracting Officer (CO) - The individual designated to administer the contract.
Contracting Officer Representative (COR)-Appointed by the Contracting Officer toassist in administering the contract.
3.1 Definitions:
3.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government.
The term used in this contract refers to the prime.
3.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.
3.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.
3.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
3.1.5 Physical Security: Actions that prevent the loss or damage of Government property.
3.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
3.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
3.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.
3.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
Publication (Chapter/Page)
Date of Publication
Mandatory or Advisory
Website
Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar
Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.
html or https://www.acquisition.gov/dfars
Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm DoDM 1000.13-M-V1
DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)
01/23/2014 (Change 1:
07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm
Federal Information Processing Standards (FIPS) Publication 201-2
Personal Identity Verification (PIV) of Federal Employees and Contractors
(paragraph 9)
August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201- 2.pdf
DoDM 5200.2 Procedures for the DoD Personnel Security Program (PSP)
04/03/2017 https://www.esd.whs.mil/Directives/issuances/dodm/
DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common
Access Card (CAC)
09/09/14 (Change 1:
05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/
Homeland Security Presidential Directive
(HSPD)-12
08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12
W50S7822Q0012
Policy for a Common Identification Standard for Federal Employees and Contractors
DoDI 5400.11 Department of Defense Privacy and Civil Liberties
Programs
01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/
DoD 5400.11-R Department of Defense Privacy Program
05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/
DoDD 8140.01 Cyberspace Workforce Management
10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/
DoD 8570.01-M Information Assurance Workforce Improvement
Program
12/19/2005 (Change 4:
11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/
DoD 5220.22-M National Industrial Security Program Operating
Manual (NISPOM)
02/28/2006 (Change 2:
05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/
AFI 10-245
Antiterrorism
03/28/2013 (Certified current 03/30/2017) https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series=-
1&modID=449&tabID=131
AFI 31-101
Security Forces Standards and Procedures
08/18/2020 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series=-
1&modID=449&tabID=131
AFMAN 31-113
Security Forces Standards and Procedures 03/05/2013 Change 1:
12/02/2015 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series=-
1&modID=449&tabID=131
AFPD 17-1
Information Dominance Governance and Management 04/12/2016 https://www.e-publishing.af.mil/Product-
Index/#/?view=pubs&orgID=10141&catID=1&series=- 1&modID=449&tabID=131
AFMAN 17-1301
Computer Security (COMPUSEC)
02/12/2020 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series=-
1&modID=449&tabID=131
AFI 10-701
Operations Security 7/24/2019 (Change 1:
06/09/2020) https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series=-
1&modID=449&tabID=131
6.1 Applicable Forms: Forms applicable to the PWS are listed below:
Form Date Website
DD 1172-2
Application for Identification Card/DEERS Enrollment
Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm
I-9 Employment Eligibility Verification
10/21/201 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf
DD 441
Department of Defense Security
Agreement
Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm
DD 250
Material Inspection and Receiving Report
Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0499/
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Sunshade Repair Non-Personal Services
FFP
Non-Personal Services for the repair of damaged flight line sunshade Requirements Description- Contract is for the repair of damaged flight line sunshade. See Performance Work Statement for more details.
FOB: Destination MFR PART NR: Null
PURCHASE REQUEST NUMBER: F9J2MX2179AG01
SIGNAL CODE: A
PSC CD: Z1BZ
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 POP 01-SEP-2022 TO
09-SEP-2022
N/A F9J2MX
ORTIZ, MIGUEL A MSGT
1493 BILLY MITCHELL BLVD BLDG 968
SAN ANTONIO (LACKLAND AFB) TX
78236-0123
(210) 925-9637 FOB: Destination
F9J2MX
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2021
52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-1 Buy American--Supplies NOV 2021 52.225-3 Buy American --Free Trade Agreements--Israeli Trade Act NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.243-1 Changes--Fixed Price AUG 1987 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 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
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
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 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
252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
SEP 2019
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7021 Trade Agreements--Basic MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
MAY 2022
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
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
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 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 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(NOV 2021)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
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:
Lowest Price Technically Acceptable.
The award may be made without discussions.
(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)
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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business 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,…
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