W51AA1-25-R-0009.pdf
PDF 853 KB Posted
- Solicitation number
- W51AA1-25-R-0009
- Issued by
-
Department of the Army
About this file
This is a solicitation (Request for Proposal) for fire suppression systems maintenance and repair services at Tobyhanna Army Depot in Pennsylvania. The contract is a hybrid firm-fixed-price and time-and-materials agreement set aside exclusively for small businesses in NAICS code 238220 with a size standard of $19 million. The solicitation covers preventative maintenance, inspections, testing, and repairs for 262 fire protection systems, including weekly fire pump exercises, with a base year and four option years, plus a potential six-month extension.
The contract will be awarded using a best value trade-off process evaluating technical approach, past performance, and price. The government requires two past performance references and a detailed technical proposal demonstrating compliance with the Performance Work Statement. Offerors must have an active System for Award Management (SAM) registration and submit proposals by 4:00 PM on April 7, 2025. The initial contract period will run from August 8, 2025, to August 7, 2026, with subsequent option years extending through August 7, 2030. A site visit is scheduled for March 20, 2025, at 10:00 AM EST at the Scranton Gate of Tobyhanna Army Depot.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Site Visit Sign In Sheet.pdf | ||
| RFIs W51AA1-25-R-0009 Sprinkler System Service.xlsx | XLSX spreadsheet | |
| Attachment II - Pricing Table.xlsx | XLSX spreadsheet | |
| Attachment III- Fire Suppression System Totals.xlsx | XLSX spreadsheet | |
| Attachment I - Performance Work Statement .pdf | ||
| Attachment IV- Wage Determinations.pdf | ||
| Attachment V - Quality Assurance Surveillance Plan.pdf |
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SEE ADDENDUM
(No Collect Calls)
W51AA125R0009 07-Mar-2025
b. TELEPHONE NUMBER
5706156125
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 07 Apr 2025
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W51AA19. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JESSICA MCHUGH
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W25G1V505100L2
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ACC-APG TOBYHANNA DIVISION (W51AA1)
11 HAP ARNOLD BLVD
TOBYHANNA PA 18466
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W25G1V 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SEE BELOW FOR SEPARATE SHIPPING INSTRUCT
XXX
XXX PA 00000
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$19,000,000
NAICS:
238220
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF53
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.
W51AA125R0009
Section SF 1449 - CONTINUATION SHEET
ARMY CONTRACT WRITING SYSTEM
Army Contract Writing System (ACWS) Transition Information for Offerors
The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.
During this transition period, Offerors are hereby advised:
The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:
This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.
If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.
A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.
The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:
Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.
Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.
Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.
The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.
In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:
May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.
Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.
Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.
Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.
ADDENDUM
Addendum to FAR 52.212-1 Instructions to Offerors
1. This solicitation, W51AA1-25-R-0009, is being conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR 13.5, Simplified Procedures for Certain Commercial Items, and therefore will utilize simplified procedures for soliciting competition, evaluation, award documentation and notification that comply with FAR 13.5. The requirement is 100% set aside for a small business with NAICS 238220 and a size standard of $19,000,000.
2. The Army Contracting Command (ACC), APG, Tobyhanna Division, Tobyhanna, PA 18466, intends to solicit and award a hybrid firm fixed price (FFP) and time and materials (T&M) services contract for these services located at Tobyhanna Army Depot, Tobyhanna PA 18466, in accordance with (IAW) Attachment I, Performance Work Statement (PWS).
3. To receive an award, an offeror must have an active registration in the System for Award Management (SAM) https://www.sam.gov with no active exclusions and have no debt subject to offset. Prospective offerors must be found to be responsible in accordance with FAR 9.1.
4. The minimum acceptable acceptance period for offers is sixty (60) days from the date specified in block 8, on page 1 of the SF1449.
5. The Government is not responsible for any costs incurred for contractor’s time or materials expended in preparing a proposal for this solicitation.
6. BASIS FOR AWARD & EVALUATION CRITERIA
Award evaluation and basis for award will be performed in accordance with FAR 52.212-2, Evaluation-Commercial Items, located in the clause section of the solicitation. Award will be Best Value to the Government using a Trade-off process for Technical, Past Performance, and Price. Offerors are cautioned that any award may not necessarily be made to the lowest offered price. Proposals shall be submitted, and award made by the Government on an all-or-none basis. Therefore, offers are solicited on that basis only.
7. The Government intends to evaluate proposals without communicating further with offerors, however, in the event the Contracting Officer determines it to be in the best interest of the Government to do so, the Contracting Officer may, at his discretion. Therefore, offerors should provide their best, complete proposal upon initial submission.
8. AMENDMENTS
Any amendments issued to this solicitation will be synopsized in the same manner as this solicitation. Offeror shall acknowledge all amendments issued to the solicitation with their proposal by initialing block 19 on page 2 of the SF1449 or including one signed copy of the amendment(s) with their proposal. Any proposal failing to acknowledge all solicitation amendments may be deemed inadequate by the Contracting Officer.
9. QUESTIONS
All questions shall be submitted via e-mail, to Jessica McHugh, Contract Specialist at jessica.l.mchugh.civ@army.mil, no later than close of business seven (7) calendar days prior to the required solicitation response date. All questions and answers will be published in the same manner as this solicitation on a non-attribution basis and incorporated into the RFP and any resultant award.
10. PROPOSAL SUBMISSION
Offerors shall prepare and submit their proposals and supporting documentation referencing Solicitation W51AA1- 25-R-0009 in the subject line of the email, no later than the response date and time, to Jessica McHugh, Contract Specialist, at jessica.l.mchugh.civ@army.mil. The Government is not responsible for any proposal that is not received in the contract specialist’s email inbox identified above by the time and date specified for receipt of offers, to include any type of firewall delays. Offerors are advised to transmit their complete proposal in enough time to ensure it is received in the contract specialist’s email inbox identified above by the time and date specified for receipt of proposals. Proposals or parts of proposals received after the time and date specified for receipt of proposals will be considered late.
A complete proposal submission should include the following:
1. Completed and signed SF 1449 (Blocks 30a, 30b, and 30c) and CLIN pricing. The offer must be signed by a company official authorized to contractually bind the company.
2. Completed Attachment II- Pricing Table.
3. Any amendments acknowledged or singed and returned.
4. Acknowledgement of the 60-day acceptance period.
5. Two (2) past performance references within the last five (5) years that demonstrate the offeror possessed the skills, knowledge, and resources to perform the required services.
6. Technical Proposal –The Government will evaluate the offer as providing or complying with all the requirements set forth in the Performance Work Statement (PWS)(Attachment 1). The technical submittal shall describe in detail how the offeror will satisfy the stated requirements and is not to be a parroting of the PWS.
Proposals deemed inadequate may not be evaluated or further considered by the Government.
12. RFP ATTACHMENTS
Attachment I – Performance Work Statement (PWS) Attachment II – Pricing Table Attachment III- Fire Suppression System Totals Attachment IV – Wage Determination No.: 2015-5797 Rev No.: 27 Date: 23 Dec 2024 Attachment V – Quality Assurance Surveillance Plan
508 COMPLIANCE:
Contractor must also meet the applicable accessibility standards at 36 CFR part 1194 per FAR 39.2, Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR part 1194). Information may be found at the following websites:
Section 508. http://www.section508.gov Section 508 – Electronic and Information Technology. 21 December 2000, http://www.usdoj.gov/crt/508/508law.pdf Desktop and Portable Computer (1194.26). 1 August 2001, http://www.access-board.gov/sec508/guide/1194.26.htm
SITE VISIT
SITE VISIT INFORMATION: A Site Visit will be held on Thursday, March 20, 2025 at 10:00 AM EST.
Attendance is recommended for offerors. The meeting location will be the Visitor Control Center at the Scranton Gate. Attendees are encouraged to arrive 15 minutes before scheduled time to allow for processing. If visitors do not possess a TYAD issued Contractor badge, they will be required to present a valid, Government issued photo ID in order to gain access to the base (vehicle registration and insurance may also be required). Information provided, as well as answers to any general questions, shall not affect the terms and conditions of the solicitation and/or specifications. Terms remain unchanged unless the solicitation is amended in writing. The Contracting Officer Representative, (COR) for this project is: Scott Burti, Phone: 570-881-3108; Email:
scott.j.burti.civ@army.mil The Contract Specialist contact information is Jessica McHugh, Phone: 570-615-6125; Email:
jessica.l.mchugh.civ@army.mil
If you plan on attending the site visit, please forward the name(s) of the individual(s) to:
scott.j.burti.civ@army.mil jessica.l.mchugh.civ@army.mil
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Lot Base Yr Maintenance, Inspection, Testing
FFP
Base year preventative maintenance, inspection, and testing for the 262 fire protection systems and weekly exercising of all fire pumps throughout Tobyhanna Army Depot (TYAD) IAW the Performance Work Statement (PWS).
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
FOB: Destination
MILSTRIP: W25G1V505100L2
PURCHASE REQUEST NUMBER: W25G1V505100L2
PSC CD: H312
NET AMT
0002 1 Lot Base Year Minor Repairs
T&M Minor Repairs IAW Performance Work Statement.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
**Minor (T&M) Repairs include both time (hours) and materials used to complete the repairs.
FOB: Destination
MILSTRIP: W25G1V505100L2
TOT ESTIMATED PRICE
CEILING PRICE
0003 12 Lot Base Year Known Repairs
FFP
Base Year Known Repairs IAW Performance Work Statement Section 2.2.3.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
FOB: Destination
MILSTRIP: W25G1V505100L2
1001 12 Lot OY1 - Maintenance, Inspection, Testing
FFP
OY1 preventative maintenance, inspection, and testing for the 262 fire protection systems and weekly exercising of all fire pumps throughout Tobyhanna Army Depot (TYAD) IAW the Performance Work Statement (PWS).
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
1002 1 Lot OY1 - Minor Repairs
T&M OY1 Minor Repairs IAW Performance Work Statement.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
**Minor (T&M) Repairs include both time (hours) and materials used to complete the repairs.
2001 12 Lot OY2 - Maintenance, Inspection, Testing
FFP
OY2 preventative maintenance, inspection, and testing for 237 fire protection systems, 5-year inspection on 25 systems, and weekly exercising of all fire pumps throughout Tobyhanna Army Depot (TYAD) IAW the Performance Work Statement (PWS).
2002 1 Lot OY2- Minor Repairs
T&M OY2 Minor Repairs IAW Performance Work Statement.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
3001 12 Lot OY3 Maintenance, Inspection, Testing
FFP
OY3 preventative maintenance, inspection, and testing for 25 fire protection systems, 5-year inspection on 237 systems, and weekly exercising of all fire pumps throughout Tobyhanna Army Depot (TYAD) IAW the Performance Work Statement (PWS).
3002 1 Lot OY3 - Minor Repairs
T&M OY3 Minor Repairs IAW Performance Work Statement.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
4001 12 Lot OY4 - Maintenance, Inspection, Testing
FFP
OY4 preventative maintenance, inspection, and testing for the 262 fire protection systems and weekly exercising of all fire pumps throughout Tobyhanna Army Depot (TYAD) IAW the Performance Work Statement (PWS).
4002 1 Lot OY4 - Minor Repairs
T&M OY4 Minor Repairs IAW Performance Work Statement.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
5001 1 Lot Six Month Extension
FFP
Six Month Extension IAW FAR 52.217-8.
*Please include the CLIN Total Price from Attachment 2- Pricing Table.
As part of the price evaluation, the Government will evaluate the option to extend services under clause 52.217-8 by adding one-half of the offeror's final option period price to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base and option year periods, and one-half of the last year extension option.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 5001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 08-AUG-2025 TO
07-AUG-2026
N/A SEE BELOW FOR SEPARATE SHIPPING
INSTRUCT
XXX
XXX PA 00000
W25G1V
0002 POP 08-AUG-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 08-AUG-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 08-AUG-2026 TO
07-AUG-2027
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 08-AUG-2026 TO
07-AUG-2027
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 08-AUG-2027 TO
07-AUG-2028
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 08-AUG-2027 TO
07-AUG-2028
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 08-AUG-2028 TO
07-AUG-2029
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 08-AUG-2028 TO
07-AUG-2029
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 08-AUG-2029 TO
07-AUG-2030
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 08-AUG-2029 TO
07-AUG-2030
N/A (SAME AS PREVIOUS LOCATION)
5001 POP 08-AUG-2030 TO
07-FEB-2031
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management NOV 2024 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
JAN 2025
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-- Commercial Acquisition
NOV 2021
52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-23 Sustainable Products and Services. MAY 2024 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving
MAY 2024
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act--Covered Foreign Entities
NOV 2024
52.245-1 Government Property SEP 2021 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.249-6 Alt IV Termination (Cost Reimbursement) (May 2004) - Alternate
IV
SEP 1996
52.249-14 Excusable Delays APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber
Incident Reporting (DEVIATION 2024-O0013 REVISION 1)
MAY 2024
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.242-7006 Accounting System Administration JAN 2025 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.245-7003 Contractor Property Management System Administration JAN 2025 252.245-7005 Management and Reporting of Government Property JAN 2024 252.247-7023 Transportation of Supplies by Sea OCT 2024 252.270-7000 Pilot Program to Incentivize Contracting with Employee-
Owned Businesses--Representation
NOV 2024
252.270-7001 Pilot Program to Incentivize Contracting with Employee- Owned Businesses--Subcontracting Certification
NOV 2024
252.270-7002 Pilot Program to Incentivize Contracting with Employee- Owned Businesses
NOV 2024
CLAUSES INCORPORATED BY FULL TEXT
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)
(End of provision)
52.204-20 Predecessor of Offeror (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-2 EVALUATION--COMMERCIAL 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.
There is no relative order of importance established. All three factors, when combined, will be evaluated to determine which offer respresents the best value and is most advantageous to the Government. The following factors shall be used to evaluate offers:
Technical – The Government will evaluate the quote as providing or complying with all the requirements set forth in the Performance Work Statement (PWS). The technical submittal shall describe in detail how the offeror will satisfy the stated requirements and is not to be a parroting of the PWS.
Past Performance – Offerors shall submit two (2) Government and/or commercial contracts during the past five (5) years, which are relevant to the efforts required by this solicitation. Offerors shall provide a point of contact with each contract as a reference. Nothing in this solicitation prohibits the Government from obtaining and considering past performance from any source available or contacting references to validate.
Price- Offerors shall complete the provided proposed pricing worksheet (Attachment II) with quoted prices to complete the work as described in the PWS. All required fields of the provided proposed pricing sheet must be completed for offer to be considered. Offerors shall also complete the pricing for each CLIN on the SF 1449.
Offerors are encouraged to submit their best price(s) in the initial proposal as the Government intends to award without discussions.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2024-O0002) (MAY 2024) ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110–174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-- (1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C.
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