W519TCQ2357.pdf
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- Attached to
- CHEMEON Federal contract opportunity
- Solicitation number
- W519TC-23-Q-2357
About this file
This solicitation from the Department of the Army seeks chemical products to support the Rock Island Arsenal Joint Manufacturing and Technology Center. The Army is soliciting offers for a five-year requirements contract for CHEMEON TCP-HF. Offerors must provide pricing on the attached price matrix in current U.S. dollars for each ordering period. The contract will have ordering periods of one year each. Delivery requirements and safety standards for the Rock Island Arsenal are outlined. The response due date is August 22, 2023.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 0001 - Price Matrix - Chemeon Trivalent Chemical Film (TCPHF).xlsx | XLSX spreadsheet |
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Text version
SEE ADDENDUM
( No Col lect Cal ls )
W519TC23Q2357 11-Aug-2023
b. TELEPHONE NUMBER
309-782-2456
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 22 Aug 2023
5. SOLICITATION NUM BER 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. TH IS ACQUISI TION 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. NAM E
HEATHER J. PETERSEN
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. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRI ATION DATA
1. REQUISITION NUMBER
20.
ADDI TIONAL 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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN
% FOR:SET ASI DE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ARMY CONTRACTING COMMAND - ROCK ISLAND
3055 RODMAN AVE
ROCK ISLAND I L 61299
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX
13b. RATING
DO-C9
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLIC ITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
325199
X
OFFER DATED
29. AW ARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY
COPI ES TO ISSUI NG 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
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF48
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEI VED INSPECTED
32b. SIGNATURE OF AUTHORI ZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATI VE
32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FI NALPARTIALCOMPLETE
36. PAY MENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHI P NUMBER
PARTI AL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC 'D (YY/ MM/DD) 42d. TOTAL CONTAI NERS
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.
W519TC23Q2357
Section SF 1449 - CONTINUATION SHEET
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
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
SOLICITATION NARRATIVE
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL
1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues the solicitation W519TC23Q2357 for CHEMEON TCP-HF in support of the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA- JMTC). The solicitation is issued in accordance with FAR Part 12 (Acquisition of Commercial Items) and FAR Part
13.5 (Simplified Acquisition Procedures).
The result of this solicitation will be a Firm Fixed Price (FFP), 5-year Requirements Contract with the following ordering periods:
Ordering Period 1 – date of award to day 365 Ordering Period 2 – day 366 to day 730 Ordering Period 3 – day 731 to day 1,095 Ordering Period 4 – day 1,096 to day 1,460 Ordering Period 5 – day 1,461 to day 1,825 The actual ordering period dates will be clarified at the time of award.
Prices shall be submitted on an F.O.B. Destination (FAR 52.247-34) basis. Goods shall be delivered to:
ROCK ISLAND ARSENAL (ACC-RI)
3331 CHESNUT AVE
AMSAS-FSI-LRI
BLDG 154, RECVG BRANCH
ROCK ISLAND IL 61299-5000
2. As a Requirements contract there are no minimum and maximum quantities.
3. Offers shall remain valid for 60 days after date of quote submission.
4. The price applicable to an individual Delivery Order is the price for the Ordering Period for which the Delivery Order is issued. The delivery date does not determine the ordering period. All delivery orders will be issued bilaterally. Each delivery order will state the delivery schedule required. Please note that there may be instances where a delivery order is issued several months in advance of the required delivery schedule. Please keep in mind that future delivery orders may have a shorter lead-time. Firm delivery dates will be expressed on the delivery order(s).
5. List of Attachments:
Attachment 0001 – Pricing Matrix
6. All contractors who provide goods to the Department of Defense (DOD) must be registered in the System for Award Management (SAM). SAM replaces the following applications: Central Contractor Registration (CCR), Federal Agency Registration, Online Representation and Certifications Application, and Excluded Parties List System. The Internet site for registering in SAM is https://www.sam.gov/SAM/. Failure to register in SAM will preclude an Offeror from receiving a contract award resulting from this solicitations.
7. Offerors must ensure that their proposals are fully complete, including all fill-ins and blanks within the solicitation. Failure to provide any information IAW this RFP could result in the offeror’s proposal not being considered for award.
8. All prices shall be entered in Attachment 0001, Price Matrix. Pricings not entered on the Pricing Matrix will not be considered.
9. Proposals will be due on the date specified on page 1 of the solicitation.
10. The Government intends to award without discussions. However, reserves the right to hold discussions if deemed necessary by the Contracting Officer.
11. On time delivery is very critical. Therefore, the contractor must adhere to the delivery requirements indicated in the subsequent award. Failure to comply with the contractual delivery schedule in subsequent award may result in termination of the order or require consideration if the Government elects to extend the delivery. The Government is not required to extend the delivery schedule if you encounter delays. The non-availability of raw materials, subcontractor issues, scheduling conflicts, etc. are not acceptable excuses for failing to meet the delivery schedule in the subsequent award.
Early delivery is authorized in the subsequent award, but must be approved and coordinated in advance of due date with the Contract Specialist and/or Contracting Officer designated in the subsequent contract.
If there is going to be a delay in delivery, the vendor is required to notify the Contract Specialist and Contracting Officer designated in the subsequent contract.
12. Payment will be made by the Defense Finance and Accounting Service (DFAS) via Wide Area Workflow
(WAWF).
13. All offerors must complete the following. Failure to comply may result in your firm being considered noncompliant.
FAR 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation is included in this solicitation.
Did your firm receive $7.5 million or more in Federal contract awards in the prior Federal fiscal year? Please place an "X" next to the appropriate answer.
Yes_____ No_____ If yes, please complete 52.223-22 located in the Addendum to 52.212-1 below.
If no, completion of 52.223-22 is optional.
14. Army Contracting Command Government Point of Contact (POC):
The Contract Specialist is Heather Petersen 309-782-2456 heather.j.petersen.civ@army.mil, and the Procuring Contracting Officer is Cathy Mendoza 309-782-1258 cathy.k.mendoza.civ@army.mil **NOTE: Communication with the Government should start at the lowest possible level.
15. The contractor shall submit tracking information with the contract number on all deliveries to the Rock Island Arsenal. The Tracking information shall be sent via email to the Contract Specialist listed on page 1 of the delivery order.
16. IMPORTANT DELIVERY INFORMATION:
Effective Immediately: Rock Island Arsenal (RIA) Visitor Access Passes are issued to individuals, not companies. All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three (3) business days in advance. Pre-registering visitors allows for the NCIC-III background check to be conducted before the individual visits RIA, reducing the wait time necessary to complete the check. All visitors must complete a Visitor Access Request Form. Access Request Forms should be emailed or faxed prior to the delivery. The Visitor Access Request Form can be found at http://www.usagria.army.mil/AccessRequests.
Follow the instructions on How to Obtain a Visitor Pass. All first time visitors must process through the Moline Gate Visitor Center.
TRUCKS MUST ENTER THROUGH MOLINE, IL GATE, OFF OF RIVER DRIVE IN MOLINE I-74.
Transportation Service Providers are required to send drivers with proper identification who meet all the installation access requirements. Transportation Service Providers are required to send United States Citizens and drivers that will pass applicable background checks failure to do so can result in warnings or Non-use. Real-ID access implementation is active at Rock Island Arsenal, IL. Individuals using a driver's license from the states of Illinois, Minnesota, Missouri, New Mexico or Washington will have to use a secondary form of Identification to enter U.S.
military installations. Additional forms of identification that may be used in conjunction with a state driver's license are Vehicle Registration with name and address, Veterans Health Identification Card, PIV Card, PIV-1 Card, DHS "Trusted Traveler" Card, U.S. Certificate of Naturalization or Certificate of Citizenship (Form N- 550), and State of Illinois Firearm Owners Identification (FOID) card. The prime contractor of the resultant contract needs to ensure this information is passed on to any subcontractors and/or transportation providers they may utilize during performance of their contract.
DRIVERS WHO DO NOT MEET THE INSTALLATION ACCESS REQUIREMENTS, THEY WILL NOT BE
ALLOWED ON THE INSTALLATION AND WILL BE TURNED AWAY.
POC for this Policy are:
Rock Island Arsenal Visitor Center
(309) 782-0485 –phone
(309) 782-5029 -fax usarmy.ria.imcom.mbx.usag-access-request@mail.mil
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL
SUPPLEMENTAL INFORMATION
SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION
1. THE COMPLETE PURCHASE ORDER, DELIVERY ORDER, CALL ORDER, OR CONTRACT NUMBER
(The Number that starts with W519TC----) MUST BE ON THE OUTSIDE OF THE SHIPPING CONTAINER.
This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.
2. A Packing List must be included with each shipment.
3. SHIPMENT OR DELIVERY TO ANY ADDRESS OTHER THAN THE “SHIP TO” ADDRESS DESIGNATED IN THE PURCHASE ORDER /DELIVERY ORDER/ CALL ORDER/ CONTRACT (Block 14 of the DD1155, Block 15 of the SF1449, or Block 11 of the SF 26) MAY RESULT IN A DELAY IN PAYMENT.
4. ANY CHANGE IN THE “SHIP TO” ADDRESS MUST BE APPROVED BY A WRITTEN CONTRACT
MODIFICATION FROM THE CONTRACTING OFFICER.
(End of Notice)
ROCK ISLAND ARSENAL SAFETY REQUIREMENTS
1. All Contractors and Contractor personnel coming on to Arsenal Island must comply with RIA-JMTC, other Arsenal Island safety requirements and all federal, state, and local safety laws and regulations.
2. Contractors must provide their employees with, and the employees must use, all required safety equipment necessary for the work they are performing and/or the areas they are in.
3. This includes safety glasses, safety shoes, proper clothing, proper protective equipment and rigging.
4. All drivers on Arsenal Island must use seatbelts at all times when driving a motor vehicle.
5. If in doubt about any safety requirements, contact the Rock Island Safety Office Phone: 309-782-2579.
(End of Notice)
EVALUATION OF OFFERS - ALL OR NONE AWARD
An offeror must quote on all items in this solicitation to be eligible for award.
The Government intends to award only one award.
(End of Notice)
ROCK ISLAND ARSENAL SAFETY REQUIREMENTS
1. All Contractors and Contractor personnel coming on to Arsenal Island must comply with the RIA-JMTC, other Arsenal Island safety requirements and all federal, state, and local safety laws and regulations.
2. Contractors must provide their employees with, and the employees must use, all required safety equipment necessary for the work they are performing and/or the areas they are in.
3. This includes safety glasses, safety shoes, proper clothing, proper protective equipment and rigging.
4. All drivers on Arsenal Island must use seatbelts at all times when driving a motor vehicle.
5. If in doubt about any safety requirements, contact the Rock Island Safety Office Phone: 309-782-2579.
(End of Notice)
ROCK ISLAND ARSENAL LAW ENFORCEMENT, SECURITY, AND FIRE PREVENTION REQUIREMENTS
1. Any contractor personnel entering Rock Island Arsenal (RIA) as a result of this order/contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer of this order/contract.
2. BADGING: ALL contractors who are performing services within the confines of Rock Island Arsenal are required to obtain a visitor badge. Contractors shall coordinate with Contracting Officer/Specialist and (if applicable) the Contracting Officer’s Representative (COR) designated for the contract/order.
Contractors are required to display provided visitor badges above the waist in a conspicuous place on the upper part of the body. Badges are accountable and are required by the recipient to be safeguarded at all times to prevent theft, loss of misuse by unauthorized personnel.
3. PARKING: All parking is on a first come, first served basis, provided the parking space is not posted with a reserved, visitor, or Handicapped parking sign. Parking is allowed in “marked” spaces only. All valid spaces are clearly marked with white lines on both sides of the space. Vehicles parked in other than valid spaces are subject to being issued parking tickets.
4. Contractors will not be allowed in restricted areas of the Arsenal without proper identification and authorization.
5. INSEPCTIONS: All contractor employee’s vehicles, equipment, and packages are subject to inspection or examination at entry/exit of the Arsenal.
6. SMOKING POLICY: Indoor smoking is not permitted. Outside smoking must occur at least 50 feet from any building entrance and exit.
(End of Notice)
PHOTOGRAPHIC EQUIPMENT RESTRICTIONS
There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes digital cameras, cell phones and PDAs with cameras. You must get permission to use any type of photographic device in any non-public area on Arsenal Island. All requests must be coordinated with the Contracting Officer’s Representative (COR) or designated Contracting Officer for this effort prior to using any photographic device.
(End of Notice)
CONCEALED CARRY RESTRICTIONS
Concealed carry permits do not apply on military installations. Contractors and delivery drivers shall ensure there are NO weapons or ammunition in their vehicles prior to entering the installation; a K-9 unit will find and alert if any prohibited items are detected.
(End of Notice)
RECEIVING HOURS OF OPERATION
MONDAY – FRIDAY 6:30 TO 2:00PM CST/CDT
Deliveries before or after the above delivery hours will be turned away No appointments are necessary For directions: call 309-782-6569 (End of notice)
SCOPE OF WORK (SOW)
1. REQUIREMENT
RIA/JMTC has a need to purchase the chemical Chemeon (TCP-HF) The vendor must provide the specified product.
This contract will be a requirements contract for a 5 year term. There will not be a guaranteed minimum purchase.
2. ACCEPTANCE
A. Vendor will be required to furnish the items listed on in the attached Pricing Sheet (Attachment 0001) at the prices quoted for each ordering period, when an order is placed against the base contract.
B. At the time of delivery, each supplied product will have a minimum of 90% shelf life remaining.
C. SDS sheets are required for all hazardous materials prior to delivery. Vendor is required to provide all SDS sheets within 10 calendar days of contract award for all hazardous products for approval. Vendor shall send the SDS’s to the Contract Specialist listed on the first page of the contract award. When products are replaced or updated, new SDS sheets must be provided to the POC within 10 calendar days prior to delivery for approval. Failure to do so will result in the product being rejected and returned at the vendor’s expense.
D. Certified test reports (CTR) and Certificates of Conformity (COC) will be required for each product and for each batch number within those products.
3. TECHNICAL SUPPORT
The vendor must provide a comprehensive system of support for RIA-JMTC operations on a 24 hour a day/ 7 day a week basis (except Federal Holidays) to include:
1. Point of Contact (POC) to include the point of contacts name, phone number, and email address
2. Guaranteed response within ½ hour in cases of emergency calls
3. Guaranteed physical on-site plant presence within 24 hours of emergency/expedited service request.
4. The manufacturer shall provide certificate of analysis data in order to support shelf life extension requests for products that have remained unopened in proper storage environments.
4. DELIVERY AND SHIPPING INFORMATION
Products shall be segregated during delivery and shall not mix batch numbers on the same delivery pallet. Each Delivery/Packing Slip/Ticket must contain the following information:
(1) Vendor Name
(2) Date of Purchase
(3) Itemized List of Supplies to include Lot and Batch Numbers
(4) Quantity
(5) Delivery Order Number (W519TC--F----)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Gallon
CHEMEON TCP-HF
FFP
CHEMEON TCP-HF
310 Gallons equals 1 Tote.
Brand Name Requirement for Chemeon TCP-HF.
Current MSDS is required with delivery.
***PRICES MUST BE FILLED OUT ON THE PRICE MATRIX***
FOB: Destination
DELIVERY ADDRESS:
ROCK ISLAND ARSENAL (ACC-RI)
3331 CHESNUT AVE
AMSAS-FSI-LRI
BLDG 154, RECVG BRANCH
ROCK ISLAND IL 61299-5000
FOB: Destination
MFR PART NR: MFG
PSC CD: 6850
NET AMT
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.252-2 Clauses Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAR 2023)
(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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)
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)
PROVISIONS INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal
Confidentially Agreement or Statements – Representaion JAN 2017 52.204-7 System for Award Management 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN
CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO
IRAN--REPRESENTATION AND CERTIFICATIONS. OCT 2015
CLAUSES INCORPORATED BY FULL TEXT
52.211-6 Brand Name or Equal (Aug 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by—
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
(End of provision)
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY
PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
(End of provision)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation.
As prescribed in 23.804(b), insert the following provision:
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (Dec 2016)
(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]
(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.
(c) If the Offeror checked “does” in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____.
(End of provision)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
[Insert one or more Internet addresses] (End of Provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquistion Regulations Supplement, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
End of Addendum to 52.212-1 – INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
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:
INSTRUCTIONS TO OFFERORS: PRICE
1. All information to be filled in by the Offeror on the Price Matrix is highlighted in blue. The Offeror shall enter firm fixed unit prices for each Quantity Range in each Ordering Period, on the applicable Price Matrix.
2. Proposed unit prices shall be limited to two decimal places and shall be proposed in current U.S. Dollars. All unit prices proposed will be binding.
3. The Government reserves the right to require the submission of any data (i.e. other than certified cost or pricing data) necessary to validate the reasonableness of an offer.
EVALUATION OF OFFERS: PRICE
1. For each Ordering Period, the Government will calculate a weighted evaluation price by multiplying the proposed unit prices for each quantity range in each Ordering Period by its respective weight and maximum quantity, then summing their totals. The weight associated with each range represents the likelihood that an order, if placed, would be placed within that range.
2. The Total Evaluated Price is the sum of the weighted evaluation prices for all Ordering Periods.
3. If an offeror fails to submit unit prices for all quantity ranges in each Ordering Period, its proposal may be considered unacceptable and the Government may reject the proposal.
4. Proposals will be evaluated for price reasonableness in accordance with FAR 15.404-1 Proposal Analysis Techniques.
5. As part of the evaluation, proposals will be reviewed to identify any potential unbalanced pricing. In accordance with FAR 15.404-1(g), Unbalanced Pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(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.
(End of provision)
52.212-3 OFFEROR…
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