W519TC24Q2183.pdf
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- Radiographer Services, Blue Grass Army Depot Federal contract opportunity
- Solicitation number
- W519TC24Q2183
About this file
This document is a solicitation for Radiographer Services at the Blue Grass Army Depot. The required services include performing radiographic Level II and Level III inspections during the 1st shift in accordance with the provided Statement of Work. The period of performance includes a base year from September 3, 2024 through September 2, 2025, with two option years. Pricing is requested for Level II and Level III Radiographers on an hourly rate basis, as well as travel and other direct costs. The solicitation is set aside for small businesses. Offers are due by 10:00 AM local time on August 5, 2024. The government intends to evaluate offers and make an award without discussions. This procurement is being conducted by the Army Contracting Command - Rock Island.
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SEE ADDENDUM
(No Collect Calls)
W519TC24Q2183 01-May-2024
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
10:00 AM 05 Aug 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA 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.
W519TC9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DAVID V. SHAFFER
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
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ARMY CONTRACTING COMMAND - ROCK ISLAND
3055 RODMAN AVE
ROCK ISLAND IL 61299
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 W22G1F 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
BLUE GRASS ARMY DEPOT
431 BATTLEFIELD MEMORIAL HWY
RICHMOND KY 40475-5000
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$19,000,000
NAICS:
541380
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 OF76
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.
W519TC24Q2183
Section SF 30 - BLOCK 14 CONTINUATION PAGE
SOLICITATION NARRATIVE-UPDATE
This amendment is to update information in the solicitation narrative.
Offer Due Date/Local Time is changed from 12:00 AM 15 May 2024 to 10:00 AM 05 August 2024.
Government Representative is changed from David Shaffer to Pamela Grys, pamela.m.grys.civ@army.mil.
CLIN 0004: Supplies/Services title is changed from Contract Manpower Reporting (CMR) to Service Contract Reporting.
The description: “In accordance with Clause 52.0000-4016 located in the Addendum” is changed to “In accordance with Clause 52.204-14”.
Clause 52.204-14 has been added.
All remaining terms and conditions remain unchanged.
CLAUSES INCORPORATED BY REFERENCE
52.204-14 Service Contract Reporting Requirements OCT 2016
Section SF 1449 - CONTINUATION SHEET
SOLICITATION NARRATIVE
ELECTRONIC SUBMISSION
Submissions/quotes may be submitted electronically by email if the solicitation is filled out completely, and signed by an authorized representative, scanned, included as an attachment, and received by the Government procurement office provided in the solicitation. All emailed submissions/quotes and attachments shall be in Adobe Acrobat (.pdf) format and the solicitation shall be submitted and received in its entirety along with any amendments including contractor's attachments, drawings, or supporting documents by the specified date and time in order to be considered for award. This instruction takes precedence over any other direction for quote submission.
NOTE:Submissions/quotes will NOT be accepted for this solicitation through the SAM website.
PAYMENT TERMS AND CONDITIONS
Payment shall be made in full upon delivery, installation (if required), and acceptance of the Government via NET30 days.
GOVERNMENT REPRESENTATIVE (POINT OF CONTACT):
Pamela Grys Contract Specialist MIB Contracting Division U.S. Army Contracting Command 1 Rock Island Arsenal Rock Island, IL 61299-8000 Pamela.m.grys.civ@army.mil
CONTRACTOR REPRESENTATIVE (POINT OF CONTACT):
POC NAME: ______________________________________
POC TITLE: _______________________________________
POC EMAIL ADDRESS: ______________________________
TELEPHONE NUMBER: _____________________________
DUNS NUMBER: ___________________________________
CAGE CODE: ______________________________________
TAXPAYER ID NUMBER: ____________________________
UNIQUE ENTITY ID: ________________________________
SUBMISSION OF RESPONSIVE PROPOSAL:
Vendors shall reference all salient characteristics provided in the solicitation and the Statement of Work, line by line, in their proposal. If a vendor fails to provide this information in their proposal then the vendor shall be considered non-responsive. Vendors may also provide a brochure, catalogue, or published data describing the equipment offered. The brochure, catalogue, or published data shall not replace the proposal but shall be in addition to the quote referencing all characteristics. The proposal shall be for all CLINs and all salient characteristics or the quote will be found to be non-responsive.
W519TC-24-Q-2183
EVALUATION FACTORS:
Vendors shall submit submissions electronically to Contract Specialist, David Shaffer at David.V.Shaffer.civ@army.mil. Submissions shall be received by the closing date and time listed on the solicitation in order to be considered as a potential offeror.
ATTACHMENTS CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Attachment 001: Statement of Work BG-SOW-04232024 23 April 2024 Production Radiography Service
INSTALLATION INSTRUCTIONS
INSTALLATION INSTRUCTIONS, (applies to contractors working on the installation, as well as visitors and delivery drivers)
1. Access to BGAD administration area and restricted area:
All individuals accessing BGAD must be favorably vetted prior to entry. Upon arrival at BGAD, and individual’s identity will be verified. Identity verification is made only upon the hands-on and visual inspection of a valid form of photographic identification. Acceptable forms of photographic identification include identification cards or passports issued by the United States (US) Government, DoD Common Access Cards (CACs), state issued driver’s licenses or identification cards that are Real ID Act compliant, and passports issued by foreign governments.
Upon verification of identity, the individual will be vetted through the Automated Installation Entry (AIE) system and one or more of the following law enforcement databases: the National Crime Information Center (NCIC), the NCIC-Interstate Identification Index (III), or the Law Enforcement Network (LINK). Upon the discovery of want/warrants or other derogatory information about an individual during the vetting process, the BGAD Director of Emergency Services (DES) will be contacted for an installation access fitness determination. Only the Installation Commander and designated representatives will perform installation access fitness determinations.
All Personnel entering BGAD which includes, but not limited to, Federal Government employees with a CAC, all cleared contractors with and without CACs, and all uncleared personnel will be vetted via NCIC-III through the AIE system. Uncleared personnel who do not have a Federally issued identification card include, but are not limited to, all contractors, subcontractors, dependents, and tenant employees who are not cleared for access to classified information. If someone fails the AIE system vetting process, a full NCIC-III background check will be run in order to verify the presence of any criminal history.
Personnel will be denied unescorted access to the installation if any of the following derogatory information is discovered in their criminal history:
1. The NCIC-III contains criminal arrest information about the individual that causes the senior commander to determine that the individual presents a potential threat to the good order, discipline, or health and safety on the installation.
2. The Installation is unable to verify the individual’s claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in an attempt to gain access.
3. The individual has a current arrest warrant in the NCIC III, regardless of the offense or violation.
4. The individual is currently barred from entry or access to a Federal installation.
5. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell, or drug distribution.
6. The individual has a United States conviction for espionage, sabotage, treason, terrorism, or murder.
7. The individual is a registered sex offender.
8. The individual has a felony conviction within the past 10 years, regardless of the offense or violation.
9. The individual has been convicted of a felony firearms or explosives violation.
10. The individual is identified in the Terrorism Screening Database as known to be or suspected of being a terrorist, or belonging to an organization with known links to terrorism or support of terrorist activity.
Restricted Area access control is a critical aspect of the Army physical security program. All individuals accessing the Restricted Area must demonstrate a valid purpose for entry, be favorably vetted, and present a valid form of identification. All contractors must have a favorable NACI to have unescorted access to the restricted area.
Hours of Work:
Normal working hours are 6:30 A.M until 5:00 P.M., EDT. BGAD Receiving Department is closed on Fridays and deliveries may be turned away if delivered on a Friday. All contractor personnel shall depart by 5:00 P.M. Permission must be obtained in writing from the Contracting Officer’s Representative to deviate from the working hours specified.
The following legal holidays will be observed. Contractors will not be permitted to work on weekends or legal holidays for any reason, unless otherwise approved by the Contracting
Officer. Receiving office will be closed and NOT accepting any deliveries on the following dates in 2024 and early 2025. Those dates are:
Monday, January 15th 2024 Martin Luther King Jr. Day Monday, February 19th 2024 President's Day Monday, May 27th 2024 Memorial Day Wednesday, June 19th 2024 Juneteenth Thursday, July 4th 2024 Independence Day Monday, September 2th 2024 Labor Day Monday, October 14th 2023 Columbus Day Monday, November 11th, 2024 Veterans Day Observed Thursday, November 28th, 2024 Thanksgiving Day Wednesday, December 25th 2024 Christmas Day Wednesday, January 1, 2025 New Year's Day Monday, January 20, 2025 Martin Luther King Jr. Day
If a holiday falls on Friday or Saturday, the preceding Thursday is a holiday. If a holiday falls on Sunday, Monday is a holiday.
NON-RELEASE OF CONTRACT INFORMATION
1. Any proprietary, confidential commercial, trade secret, or similar type of information in the contract may not be released to anyone outside the Government.
2. Do not release proprietary, confidential commercial, trade secret, or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.
3. If in doubt about what information in the contract may be released, contact the Contracting Officer.
4. Criminal penalties are provided by 18 U.S.C. for the improper release of proprietary and/or confidential commercial information.
REQUIRED INSURANCE
Pursuant to paragraph (a) of FAR Clause 52.228-5, “Insurance – Work on a Government Installation,” or FAR Clause 52.228-7, “Insurance – Liability to Third Persons,” the Contractor shall procure and maintain the following insurance during the entire period of performance under this contract:
TYPE AMOUNT
Worker’s Compensation As required by Law
Employer’s Liability Minimum liability limit $100,000
General Liability Minimum bodily injury limits, $500,000 per Occurrence
Automobile Liability Minimum liability of $200,000 per person $500,000 per occurrence for bodily injury, And $20,000 per occurrence for property Damage
U.S. DEPARTMENT OF LABOR WAGE DETERMINATIONS
The following United States Department of Labor Wage determination(s) are applicable to this procurement in the event the total price exceeds $2,000.00, are effective through the life of the contract and are attached herein:
( ) 1.General Wage Determinations (DAVIS-BACON ACT)
Construction Type:
( ) (a) Building ( ) (b) Heavy and Highway Projects ( ) (c) Residential
TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER
This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the contract clause entitled “DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:
(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.
(2) The unusually severe weather must actually cause a delay to the completion of the project.
The delay must be beyond the control and without the fault or negligence of the Contractor.
CONTRACTOR PERFORMANCE INFORMATION
The contractor is advised that performance under this contract will be subject to an assessment in accordance with FAR 42.15 and AFARS 5142.11503-90. The Department of Defense (DoD) Contractors Performance Assessment Reporting System (CPARS will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:
Exceptional – Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element of sub element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.
Very Good – Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
Satisfactory – Performance meets contractual requirements. The contractual performance of the element or sub element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
Marginal – Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.
Unsatisfactory – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractor’s corrective action appear or were ineffective. The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-90.
AUTHORIZED SIGNATURE
The signature on this contract should be the signature of:
(a) A Corporate Officer (President, Vice-President, Treasurer, Secretary); or.
(b) An individual authorized in writing by a Corporate Officer to bind the company to a legal document.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Phase In Costs
FFP
Phase In/Transition In costs for services to be provided during the transition from one vendor to another vendor. This costs is for services to ensure that a smooth transition from one vendor to another and be effective from date of award to end of current contract which will be established at the execution of this proposed award.
This period of performance will be commence 30 days prior to end of current contract.
FOB: Destination
NET AMT
0002 1 Lot Radiographer Services
FFP
Perform radiographic Level II and Level III inspection services for 1st Shift in accordance with Statement of Work, Dated 23 April 2024
PERIOD OF PERFORMANCE:
Base Year Labor Rates: 03 SEPT 2024 through 2 SEPT 2025 Level II Radiographer: Hourly Rate: $________ Level III Radiographer: Hourly Rate: $________
Option Year 1 Rates: 03 Sept 2025 through 02 Sept 2026 Level II Radiographer: Hourly Rate: $________ Level III Radiographer: Hourly Rate: $________
Option Year 2 Rates: 03 Sept 2026 through 02 Sept 2027 Level II Radiographer: Hourly Rate: $________ Level III Radiographer: Hourly Rate: $________
FOB: Destination MFR PART NR: Radiographic Labor
PSC CD: H910
0003 1 Lot Travel Costs Radiographers
FFP
Travel reimbursement shall be in accordance with (IAW) the Joint Travel Regulation and FAR 31.205 - 46 - Travel Costs. Travel shall occur with concurrence of the Contracting Officer's Representative (COR), and shall be reimbursed in accordance with FAR 31.205-46 - Travel Costs. All invoices for travel and Other Direct Costs (ODC) shall be seperate from labor invoices, and shall be submitted to the Contracting Officer for approval and reference the travel and ODC CLIN assigned. Receipts for all individual expenses for travel or other direct costs claimed in excess of $75.00 are required. Travel shall be in accordance with the Joint Travel Regulations (JTR), and at rates allowable under the current Per Diem entitlements. The most current Per Diem rates can be found at:
http://www.gsa.gov/portal/content/104877.
Note: Travel per diem shall be charged at 75% for the first and last days of travel (per Joint Travel Regulations). The Joint Travel Regulations can be found at:
http://www.defensetravel.dod.mil/site/travelreg.cfm.
Base Year per Diem: 03 Sept 2024 through 02 Sept 2025 Estimated per year $__________
Option Year 1 per Diem: 03 Sept 2025 through 02 Sept 2026 Estimated per year $__________
Option Year 2 per Diem: 03 Sept 2026 through 02 Sept 2027 Estimated per year $__________ FOB: Destination MFR PART NR: Radiographic Services per Diem
0004 1 Lot Service Contract Reporting
FFP
n Accordance with Clause 52.204-14.
Note: This Line Item is not seperately priced from CLINs 0001, 0002, and 0003.
FOB: Destination MFR PART NR: Radiographic Services Contract Manpower
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 POP 03-SEP-2024 TO
02-SEP-2025
N/A BLUE GRASS ARMY DEPOT
431 BATTLEFIELD MEMORIAL HWY
RICHMOND KY 40475-5000
W22G1F
0003 N/A N/A N/A N/A
0004 03-SEP-2024 1 BLUE GRASS ARMY DEPOT
431 BATTLEFIELD MEMORIAL HWY
RICHMOND KY 40475-5000
W22G1F
CLAUSES INCORPORATED BY REFERENCE
52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009
JUN 2010
52.204-7 System for Award Management OCT 2018 52.204-7 Alt I System for Award Management-- Alternate I OCT 2018 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
52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.
DEC 2023
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.219-33 Nonmanufacturer Rule SEP 2021 52.222-50 Combating Trafficking in Persons NOV 2021 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013)
MAY 2024
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.
(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest.
It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
(End of provision)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541380.
(2) The small business size standard is $19,000,000.
(3) 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, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) 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)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] Paragraph (d) applies.
[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)
This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
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)
52.204-20 Predecessor of Offeror (AUG 2020)
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(a) Definitions. As used in this clause--
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)--
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.204-28 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--FEDERAL SUPPLY
SCHEDULES, GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI-AGENCY
CONTRACTS (DEC 2023)
(a) Definitions. As used in this clause--
Covered article, as defined in 41 U.S.C. 4713(k), means--
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)).
FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition, with its Alternate II.
(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC
2023)
(a) Definitions. As used in this clause--
Covered article, as defined in 41 U.S.C. 4713(k), means--
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for…
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