W52P1J-22-Q-3045.pdf

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Attached to
Railroad Utility Tamper Federal contract opportunity
Solicitation number
W52P1J-22-Q-3045
Issued by
Department of the Army Materiel Command Joint Munitions Command

About this file

This solicitation is for a railroad utility tamper to support operations at the McAlester Army Ammunition Plant. The Army Contracting Command - Rock Island is seeking one Harsco Model 2400 Switch, Spot and Production Tamper or equivalent to perform ballast consolidation around existing railroad ties. Quotes are due by July 7, 2022. Award will be made to the responsive, responsible offeror with the lowest price. Offerors must submit pricing for the tamper and include costs for delivery and setup to the plant. The award will be made without discussions, so initial quotes must be complete. The place of performance is the McAlester Army Ammunition Plant in McAlester, Oklahoma. Payment terms are net upon delivery, installation and acceptance.

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SEE ADDENDUM

(No Collect Calls)

W52P1J22Q3045 28-Jun-2022

b. TELEPHONE NUMBER

(309) 782-0703

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 07 Jul 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHEILA K. PETERS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

BLDG 60, 3RD FLOOR

SHEILA PETERS

ROCK ISLAND IL 61299-8000

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 W44W9M 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCALESTER ARMY AMMUNITION PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

336510

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 OF51

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.

W52P1J22Q3045

Section SF 1449 - CONTINUATION SHEET

EXECUTIVE SUMMARY

1. The Army Contracting Command – Rock Island (ACC-RI) hereby issues solicitation W52P1J-22-Q-3045 for the Harsco Model 2400 Utility/Spot Tamper, Brand Name or Equal, to support McAlester Army Ammunition Plant (MCAAP). See Clause 52.211-6 BRAND NAME OR EQUAL (AUG 1999) in this solicitation for details.

2. This commercial requirement is solicited on an unrestricted basis. The NAICS Code is 336510 - Railroad Rolling

Stock Manufacturing and the Product Service Code (PSC) is 2240 - Locomotive and Rail Car Accessories and Components.

3. The Government intends to award one (1) Purchase Order to the responsive and responsible offeror whose quote is in compliance and adheres to all terms and conditions of the solicitation with the lowest total evaluated price.

4. Offerors shall submit pricing for CLIN 0001. The Government will not recognize any prices past two decimal places. Quotes shall include costs for delivery and setup.

5. Complete Quote Submission information follows:

The Government intends to award without discussions. Therefore, the initial quote submission MUST be complete and responsive. Failure to submit a complete quote may result in the quote being found non-responsive and not considered for award. A complete responsive quote shall consist of:

a. A copy of the solicitation and amendments signed by an individual authorized to bind the offeror (See Paragraph 10, below regarding signature) and pricing as set forth in Paragraph 4 above.

b. VENDORS SHALL REFERENCE ALL THE SALIENT CHARACTERISTICS/QUALIFING

STATEMENT/PURCHASE DESCRIPTION/PWS/SOW PROVIDED IN THE SOLICITATION,

LINE BY LINE IN THEIR QUOTE, IF A VENDOR FAILS TO PROVIDE THIS INFORMATION

IN THEIR QUOTE THEN THE VENDOR SHALL BE CONSIDERED NON-RESPONSIVE.

VENDORS SHALL ALSO PROVIDE A BROCHURE, CATALOG, OR PUBLISHED DATA

DESCRIBING THE EQUIPMENT OFFERED. THE BROCHURE, CATALOG, OR PUBLISHED

DATA SHALL NOT REPLACE THE QUOTE BUT SHALL BE IN ADDITION TO THE QUOTE

REFERENCING ALL CHARACTERISTICS. THE QUOTE SHALL ADDRESS ALL SALIENT

CHRACTERISTICS OR THE QUOTE WILL BE FOUND TO BE NON-RESPONSIVE.

6. The Government intends to award without conducting discussions but reserves the right to conduct discussions if the Contracting Officer determines it is necessary.

7. Payment Terms and Conditions: Payment shall be made in full upon delivery, installation and acceptance by the government.

8. Quote Submissions can be submitted as follows:

a. Electronic (electronic submission via email is the preferred method for quote submittal) proposals/ bids/ quotes may be submitted electronically and received by the Government procurement office provided in the solicitation. All emailed proposals/bids/quotes and attachments shall be in Adobe Acrobat (.pdf) format and the solicitation shall be submitted and received in its entirety by the specified date and time in order to be considered for award. See email address below for submission.

This instruction takes precedence over any other direction for Quote Submission. NOTE: Proposals/ bids/quotes will NOT be accepted for this solicitation through the SAM website.

b. Electronic submission shall be emailed to the point of contact, Sheila Peters, at email address sheila.k.peters2.civ@army.mil.

9. Authorized Signature

The signature on the solicitation, offer or contract should be the signature of:

a. A Corporate Officer (President, Vice-President, Treasurer, Secretary); or,

b. An individual authorized in writing by a Corporate Officer to bind the company to a legal document

10. Post Award Conference

The contractor agrees to attend any Post-Award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation subpart 42.5.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Railroad Utility Tamper

FFP

Harsco Model 2400 Utility/Spot Tamper, Brand Name or Equal in accordance with Salient Characteristics in the Purchase Description listed below.

FOB: Destination VENDOR PART NR: Harsco Model 2400

PSC CD: 2240

NET AMT

PURCHASE DESCRIPTION

Brand Name or Equal to the following Specifications

Model:

Harsco Model 2400 Switch, Spot and Production Tamper or equivalent For operation on standard 56.5" gauge track

Chassis:

Heavy Duty Welded Steel Beam Construction Federal Yellow Paint Spec No. 535C-13538 Standard Paint De-Rail Protection

Shoulder Jacks – Lifting & Lining Center Turntable for Quick Turnaround of Machine

Power Unit:

Tier IV Diesel Engine 40 Gal. Diesel Fuel Tank Capacity

Propulsion System:

Hydraulic Motor driven, Chain & Sprocket Propulsion Drive on Front Axle Hydrostatic Drive, 3 Speed Transmission Travel Speeds up to 25 mph 3” Diameter Solid Steel Axles 16" Diameter, Track insulated Cast Steel Wheels Air-operated External Shoe Brakes on all Four Wheels Mechanical Parking Brake Low Air Pressure Alarm

Lighting & Electrical:

12 VDC, Circuit Breaker Protected, Electrical System Work, Travel and Brake Lights Amber Strobe Travel Alarm - Switchable for Direction of Travel

Cabin:

Heavy-Duty, Fully Enclosed Fabricated Steel Cab Noise Insulated Air Conditioner/Heater Standard Instrumentation and controls Foot Pedal Controls for Travel and Braking Adjustable, Mechanical Suspension Operator's Seat with Seat Belt West Coast Type Mirrors 12V, 20 AMP MOW Radio Circuit 10# ABC Fire Extinguisher Air Horn

Hydraulics:

45 Gallon Hydraulic Tank Capacity Extra Heavy Duty Welded Cylinder Design Electric Emergency Hydraulic Pump

Tamping Equipment:

Two Cantilevered, Power Squeeze Traversing Tamping Workheads Four Hydraulically Driven Vibrators, Two Per Workhead Eight Tamping Blades Per Workhead, 16 Total Cross Tamping Operation with Positive Squeeze

General:

Two Printed and One USB Electronic Maintenance, Operation and Parts Manuals 6 Month, 1000 Hours, First to Occur, Standard Warranty Delivery & Setup at McAlester Army Ammunition Plant, McAlester, OK

Weights & Dimensions:

Estimated Shipping/Operating Weight 13,000 lbs.

Length 16’ Width 8'6", 11’7” w/Jacks Height 10' 1"

MCAAP LOCAL INFORMATION

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEM – FOR WORK PERFORMED AT

MCALESTER ARMY AMMUNITION PLANT

The Contractor shall perform work under this contract consistent with all applicable federal, state, local requirements and with the relevant policy and objectives identified in McAlester Army Ammunition Plant’s (MCAAP’s) environmental management system (EMS) located at http:www.mcaap.army.mil. The Contractor shall perform work in a manner that conforms to all applicable Environmental Management Programs and Operational Controls identified by the MCAAP EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to MCAAP’s EMS objectives and goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and all associated costs. The Contractor shall also provide cleanup of any spills, including oil, that result from the Contractor’s operations and report spills to MCAAP’s Environmental Management Office. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Environmental Management Office and approved by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

Prior to commencing work, all on-site Contractors shall provide documentation to the Contracting Officer that any required EPA sponsored environmental training specified for the type of work conducted has been obtained. Upon contract award, and during performance of the contract, the Contracting Officer’s Representative will provide or arrange EMS training for appropriate Contractor staff.

PROHIBITED WITHIN GENERAL CONFINES OF INSTALLATION

The following are prohibited within the general confines of the McAlester Army Ammunition Plant at any time:

(a) Firearms/dangerous weapons

(b) Drugs/intoxicants

(c) Binoculars, cameras, camera equipment, cell phones and PDAs with camera capability (unless authorized by the Security Officer)

(d) Matches, lighters or other fire flame or spark producing devices in designated areas

(e) Gas cans/flammable material storage containers (unless approved by MCAAP Fire Department)

(f) Fireworks without the Commander's approval

(g) Smoking in all buildings, when handling flammable and hazardous materials, in railroad cars, trucks and vans, on warehouse docks and platforms, in open storage containing combustibles, within 50 feet of a gasoline refueling storage or drainage area, where posted signs prohibit smoking.

(End of clause)

SECURITY REQUIREMENTS - BADGING

(a) Any foreign nationals without a green card will not be allowed entrance to the installation. Those individuals with a green card must be escorted within the restricted area at all times

(b) Contractors by virtue of contract award will be given access privileges to McAlester AAP. Contractors/Sub- Contractors are required to provide security at McAlester AAP a letter of introduction for company personnel by providing the following: 1) Name; 2) Physical Address (including city and state); 3) Date of Birth; 4) Place of Birth; and 5) Whether or not they are a U.S. Citizen on company letterhead. Photo I.D. will also be required to obtain a security badge. Information shall be provided to McAlester AAP, Security Division, Attn: Ms. Ginger Maxwell, McAlester, OK 74501, ginger.a.maxwell.civ@mail.mil (Applies to contracts that require access to restricted areas)

(c) Each member of the Contractor's work force shall be individually badged at the Security Office in Building 31.

The badge shall be retained and worn by the Contractor's employees throughout the contract period. (Applies to contracts that require access to restricted areas)

(d) Contractor is responsible for the turn-in of all security badges, including sub-contractors badges, daily and upon completion of the contract or termination of individual employees. (Applies to contracts that require access to restricted areas)

(e) Report lost badges to the Security Office and the KO as soon as the loss is discovered. (Applies to contracts that require access to restricted areas)

(f) Be prepared to produce security badges each time entering a security area. Temporary badges for any individual who may have forgotten his/her badge can be obtained from the Security Office. (Applies to contracts that require access in restricted areas).

SECURITY REQUIREMENTS - VEHICLES

(1) TRAFFIC ENFORCEMENT: (a) McAlester AAP traffic laws are enforced by the Law Enforcement and Security Division using Oklahoma state codes. All roads/streets have speed limit signs posted; (b) Traffic violations are adjudicated by the U.S. Magistrate located at McAlester AAP. Court appearances may be requested or mandatory; and (c) Radar is used to enforce traffic speed limits.

(2) INSURANCE: All vehicles entering the installation must possess the minimum insurance as required by the State of Oklahoma.

(3) VEHICLES: (a) Vehicles entering McAlester AAP, whether Contractor-owned or privately owned, shall undergo inspections and may be issued a pass if entering a restricted area. Vehicle permits for restricted areas will be issued for up to 45 days maximum. Each vehicle will be required to carry a fire extinguisher at all times; (b) Company or privately-owned vehicles, when parked, must have ignition keys removed. After duty hours, vehicles left on the installation will be parked outside restricted areas unless otherwise stipulated in the contract. Vehicles or equipment remaining inside restricted areas will be properly secured or immobilized; and (c) Contractor is solely responsible for the removal of incapacitated vehicles or equipment from restricted areas. (d) All vehicles shall be parked at least 20 meters from all buildings unless unloading or loading; and (e) The contractor can expect to be inspected at one or all of the two manned gates. The contractor should expect five to ten minute delays at each gate.

In addition, to get to some of the remote areas, the contractor should expect at least a 15-minute delay both in and out to allow security to open necessary gates.

(4) RESTRICTED AREAS: Any contractor personnel granted access into restricted areas will be subject to vehicle search upon entering or leaving these areas possibility resulting in some delay. Any non-US contractor personnel granted access into restricted areas w ill at all times be escorted by US contractor personnel who have been properly badged and granted access. (Applies to contracts that require work in restricted areas)

RECEIVING OFFICE REQUIREMENT – MCAAP

At the McAlester Army Ammunition Plant truck shipments are accepted at Warehouse 8, Receiving Office, Monday through Thursday (except holidays) from 6:30 A.M. until 3:00 P.M. only. All shipments and deliveries must be at the main gate (truck gate) on or before 3:00 P.M. No shipments will be accepted after 3:00 P.M. unless prior arrangements have been made.

Receiving office will be closed and NOT accepting any deliveries on the following dates for the remainder of 2022.

Those dates are:

4 Jul 2022 Independence Day Observed 5 Sep 2022 Labor Day 10 Oct 2022 Columbus Day 24 Oct 2022 MCAAP Safety Stand Down (Tentative) – Please check before delivering on this date 11 Nov 2022 Veterans Day 14 Nov 2022 Plant Shut Down (Tentative) – Please check before delivering on this date 24 Nov 2022 Thanksgiving Day 26 Dec 2022 Christmas Day Observed 2 Jan 2023 New Year's Day Observed

Any deliveries for Thursday afternoons during the months of May and June SHALL BE scheduled in advance by calling 918-420-6695 to verify that deliveries are being accepted that day.

To gain entry to the installation for shipment/delivery, delivery drivers shall have a valid driver's license, residency status documentation (green card) if foreign national, and NO outstanding criminal history. Any other occupants of the delivery vehicle must also meet these requirements.

No shipments will be accepted on government holidays.

PACKING LIST

To expedite your payment, all shipments under this order shall be accompanied with packing lists or delivery tickets which shall contain the following information:

A. Name of supplier

B. Purchase order number, CLIN, and purchase request number

C. Date of order

D. Itemized list of supplies to include noun name, part number, quantity and unit of issue.

CERTIFICATE OF CONFORMANCE/CERTIFICATE OF ANALYSIS

At time of material shipment, copies of the Certificate of Conformance and Certificate of Analysis for each batch/lot of material shipped are to accompany the shipment. Failure to do so will delay processing of payment to the contractor. The certificate must contain at a minimum the following fields of data

(a) Manufacturer Name (Materials are qualified by manufacturer not distributor)

(b) Product Name or Description

(c) National Stock Number (If available)

(d) Specification

(e) Lot/Batch Number

(f) Manufacture Date

(g) Expiration/Re-inspection Date

(h) Analytical Data

MARKING INSTRUCTIONS

Mark all correspondence, parcels, packing slips, and invoices with the purchase order number W52P1J-and with the purchase requisition number (see schedule) to ensure prompt and complete payment.

HOURS OF OPERATION - MCAAP

Normal work hours are Monday through Thursday 6:30 A.M. until 5 P.M. Contractors will not be permitted to work on Fridays, Saturdays, Sundays, or legal holidays for any reason, unless otherwise approved by the Contracting Officer. The following legal holidays will be observed:

January 1st 3rd Monday of January 3rd Monday of February Last Monday of May June 19th July 4th 1st Monday of September 2nd Monday of October November 11th 4th Thursday of November December 25th

When one of the designated holidays falls on a Friday or Saturday, holiday will be observed on Thursday. If the holiday falls on a Sunday, holiday will be observed on the following Monday.

ACC-RI LOCAL INFORMATION

Clauses/Solicitation Provisions Incorporated By Reference:

This solicitation incorporates one or more clauses and/or 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 these addresses:

http://farsite.hill.af.mil/ http://www.arnet.gov/far/ http://akss.dau.mil/jsp/default.jsp;

Disclosure of Unit Price Information:

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 210 dys. ADC 1 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

FOB: Destination

W44W9M

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.212-4 ADDENDUM

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

52.202-2 Definitions of Words and Terms Provisions and Clauses (NOV 2013)

52.203-3 Gratuities (Apr 1984)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-6 Unique Entity Identifier (Oct 2016)

52.204-7 System for Award Management (JUNE 2013)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-17 Ownership or Control of Offeror (Jul 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 Incorporation by Reference of Representation and Certifications (Dec 2014)

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov 2015)

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

52.211-15 Defense Priority and Allocation Requirement (APR 2008)

52.222-20 Contract for Material, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

(DEC 2012)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232.-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-5 Payment to Small Business Subcontractors (Jan 2017)

52.242.17 Government Delay of Work (Apr 1984)

52.243-1 CHANGES--FIXED-PRICE Alternate II (Apr 1984)

52.246-2 Inspection of Supplies—Fixed Price (Aug 1996)

52.247-34 F.O.B. Destination (Nov 1991)

52.248-1 Value Engineering (Oct 2010)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

252.204-7004 ALT A System for Award Management Alternate A (Feb 2014)

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015)

252.211-7005 Substitutions for Military or Federal Specifications and Standards (Nov 2005)

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System – Statistical Reporting in Past Performance Evaluations (Jun 2015)

252.225-7001 Buy American and Balance of Payments Program – Basic (Dec 2016)

252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2016)

252.225-7012 Preference for Certain Domestic Commodities (Feb 2013)

252.225-7020 Trade Agreements Certificate – Basic (Nov 2014)

252.225-7021 Trade Agreements – Basic (Dec 2017)

252.225-7035 Buy American – Free Trade Agreement – Balance of Payments Program Certificate – Basic (Nov 2014)

252.225-7048 Export Controlled Items (Jun 2013)

252.227-7015 Technical Data--Commercial Items. (Feb 2014)

252.227-7037 Validation of Restrictive Markings on Technical Data (Sep 2016)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 Pricing of Contract Modification (Dec 1991)

252.243-7002 Requests for Equitable Adjustment (Dec 2012)

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System (Aug 2016)

252.247-7023 Transportation of Supplies by Sea (Apr 2014)

252.247-7024 Notification of Transportation Of Supplies By Sea (Mar 2000)

(End of clause/provision)

CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (APR 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an 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).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(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.

52.211-14 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)

52.215-6 Place of Performance (Oct 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance (Street Address, City, State, County, Zip Code)

Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent

(End of provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of provision)

52.225-18 Place of Manufacture (Sep 2006)

(a) Definitions. As used in this clause—

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(End of provision)

52.233-2 Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Contracting Command - Rock Island Depot Support Branch, CCRI-AIA 3055 Rodman Avenue Rock Island, IL 61299-8000 ATTN: Elvia Jaggers, Contracting Officer

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

X (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

X (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

X (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

252,225-7000 Buy American—Balance of Payments Program Certificate—Basic (NOV 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

CLIN 0001

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

Line Item Number Country of Origin (If known)

CLIN 0001

252.232-7003 Electronic Submission of Payment Request and Receiving Reports (JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.247-7022 Representation of Extent of Transportation by Sea (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it—

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(END OF ADDENDUM)

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 modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than…

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