W9098S19R0003.pdf
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- Attached to
- MILL AND LATHE Federal contract opportunity
- Solicitation number
- W9098S19R0003
About this file
This solicitation requests proposals for a five-year indefinite delivery, indefinite quantity contract to provide milling and lathe assemblies. The solicitation is restricted to Phillips Corporation and will be issued electronically on September 3, 2019, with proposals due September 13, 2019. The minimum order quantity is one unit and maximum is 120 units per line item. Delivery must begin within seven months of an order and be FOB destination to Rock Island Arsenal. The Army Contracting Command - Rock Island will issue and administer the contract.
THIS PROCUREMENT IS RESTRICTED TO PHILLIPS CORPORATION (HAAS FEDERAL DIVISION), UNDER AUTHORITY CITED AS 10 USC 2304 (c) (1), ONLY ONE RESPONSIBLE SOURCE AS AUTHORIZED BY FAR 6.302-1.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| B08_Attachment_0002_CDRL_0001_CommericalManuals-Copyright_Release.pdf | ||
| J&A_19-065_-_Metal_Working_and_Machine_Shop_Set_Mills_and_Lathes.pdf | ||
| 06_Attachment_CDRL0003_(LMI_Data_Product_-_Provisioning_Requirements).pdf | ||
| Attachment_0001_-_Price_Matrix.xlsx | XLSX spreadsheet |
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SEE ADDENDUM
(No Collect Calls)
W9098S19R0003 26-Sep-2019
b. TELEPHONE NUMBER
309-782-5149
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 10 Oct 2019
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.
W9098S9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JOHN E. JACOBSEN
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
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
ROCK ISLAND ARSENAL (ACC-RI)
JOINT MANUFACTURING & TECHNOLOGY CENTER
BLDG 211 RODMAN AVENUE
1 ROCK ISLAND ARSENAL
ROCK ISLAND IL 61299-5000
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX
13b. RATING
DO-C9
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333517
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.
W9098S19R0003
Section SF 1449 - CONTINUATION SHEET
SOLICITATION NARRATIVE
THIS PROCUREMENT IS RESTRICTED TO PHILLIPS CORPORATION (HAAS FEDERAL
DIVISION), UNDER AUTHORITY CITED AS 10 USC 2304 (c) (1), ONLY ONE RESPONSIBLE
SOURCE AS AUTHORIZED BY FAR 6.302-1.
1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues solicitation W9098S19R0003 for the procurement of CNC Mill Assembly and CNC Lathe Assembly in support of the Metal Working and Machine Shop Set (MWMSS) program at the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC). The solicitation is issued in accordance with FAR Part 12 (Acquisition of Commercial Items) and FAR Part 15 (Contracting by Negotiation) The result of this solicitation will be a Firm Fixed Price (FFP), 5-year Indefinite Delivery/Indefinite Quantity (IDIQ) contract.
The IDIQ will include five, one-year evaluated ordering periods as follows:
Ordering Period One: Date of Contract to 365 calendar day Ordering Period Two: 366 calendar day to 731 calendar day Ordering Period Three: 732 calendar day to 1,096 calendar day Ordering Period Four: 1,097 calendar day to 1,462 calendar day Ordering Period Five: 1,463 calendar day to 1,827 calendar day
*Actual dates will be clarified at the time of award
*Proposal shall be valid for 90 days after receipt of proposal.
Drawings can be requested at https://www.fbo.gov/fedteds/W9098S19P006523
2. The total minimum and maximum quantities for each CLIN are listed in the table below. These guaranteed minimum quantities are the only guaranteed quantities to be awarded under this solicitation. The Government is under no further obligation to order additional quantities on any CLIN. Except for the minimum guaranteed quantity, all quantities are estimates and do not bind the Government in any way.
CLIN DRAWING NUMBER MINIMUM QTY MAXIMUM QTY
0001 11B5120001 1 120 0002 11B5020001 1 120
3. Deliveries:
Deliveries must begin within seven (7) months of issuance of a delivery order. Firm delivery dates will be expressed on the delivery order(s).
Delivery will be FOB Destination to:
TRANSPORTATION OFFICER, W52H1C
BLDG 299, BECK AND GILESPIE
EAST END, RECG DOOR 16A
ROCK ISLAND IL 61299-5000
*On time delivery is very critical. Therefore, the contractor must adhere to the delivery requirements indicated in each individual delivery order issued under the awarded IDIQ contract. Failure to comply with the contractual delivery schedule after issuance of a delivery order may result in termination of the order or require consideration if the Government elects to extend the schedule. The Government is not required to extend your delivery should you encounter delays. The non-availability of raw materials, subcontractor issues, scheduling conflicts, etc., are not considered acceptable delays/excuses for failing to meet the contractual delivery schedule. If there is going to be a delay in delivery, the contractor is required to notify the Contract Specialist/Contracting Officer designated in the delivery order prior to being late. The contractors notice shall include the contractor’s complete reasons for delay(s), corrective action(s) taken or to be taken, and the contractor’s offered consideration for the identified delay for Government consideration.
It is the responsibility of the contractor to ensure that they are providing quality product(s) that conform to the Contract/Delivery Order terms and conditions as well as meet the required delivery dates. Delivery of nonconforming products results in delivery/acceptance delays and increased cost to the Government.
4. Warranty: A commercial standard warranty (to include parts and labor) is required for all CLINS. All warranties will begin upon final acceptance by the United States Government (USG). Contractor shall provide the product warranty information IAW CDRL 0002 (Attachment 0003_CDRL 0002 ProductWarrantyInformation) upon award.
5. Payment: Payment will be made 100% upon final acceptance by USG. Payments will be processed through Defense Finance and Accounting Systems (DFAS) via Wide Area Workflow (WAWF). Only Electronic invoices, submitted through WAWF, will be accepted. All other formats will be rejected.
6. Ordering: Any order placed against the resulting contract will be at the unit price offered by contractor for the applicable range and ordering period based on the date the delivery order is issued. All delivery orders will be issued unilaterally by the Government. Upon award, the first Delivery Order will be paced for at least the guaranteed minimum quantity.
7. Price / Proposal Submission:
a. The contractor shall enter firm fixed-prices for CLINs 0001 and 0002 on the Price Matrix Spreadsheet (Attachment 0001).
b. The contractor shall enter firm fixed prices for all ordering periods and quantity ranges of the Price
Matrix Spreadsheet.
c. Any order placed against the resulting contract will be at the unit prices offered by the contractor for the applicable quantity range and ordering period.
d. All unit prices offered will be binding.
e. The Government reserves the right to require submission of any data (i.e. data other than certified cost and pricing data) necessary to validate the reasonableness of the offer. As such, in addition to completing Attachment 0001, Contractor shall submit the following additional pricing data in support of their proposed pricing:
i. All backup which supports your proposed unit prices for each ordering period/quantity range. This may include, but is not limited to, commercial price lists, material quotes, past history, market research, and labor.
ii. A complete and detailed breakdown of the cost elements used to generate the proposed unit prices. This includes, but not limited to, any forward price agreements, labor surveys and payroll records that directly support the proposed the various cost elements (i.e.
profit, indirect, freight, labor, and G&A rates).
8. The offeror must complete the following.
FAR 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation is included in this solicitation.
Did your firm receive $7.5 million or more in Federal contract awards in the prior Federal fiscal year?
Please place an "X" next to the appropriate answer.
Yes_____ No_____
If yes, please complete 52.223-22 located in the Addendum to 52.212-1 below.
If no, completion of 52.223-22 is optional
The offeror must also complete provision 52.204-24 Representation Regarding certain Telecommunications and Video Surveillance Services or Equipment. This provision is located in “Addendum to 52.212-1.
9. The following is a list of documents incorporated as attachments to this solicitation:
Attachment 0001 Price Matrix
Attachment 0002 CDRL_0001_CommercialManuals-Copyright Release Attachment 0003 CDRL_0002_ProductWarrantyInformation
10. Only ACC-RI (CCRI-AH) is authorized to issue delivery orders under this IDIQ contract.
11. Government Points of contact for this solicitation are as follows:
Title Name Phone # Email Contract John Jacobsen 309-782-5149 john.e.jacobsen16.civ@mail.mil Specialist
Procuring Jessica Pearson 309-782-4878 jessica.l.pearson2.civ@mail.mil Contracting Officer
12. Accessing Rock Island Arsenal:
Rock Island Arsenal (RIA) Visitor Access Passes are issued to individuals, not companies or groups. All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three
(3) business days prior to their visit. Pre-registration of visitors allows for the National Crime Information Center NCIC-III background check to be conducted prior to the individual arriving at RIA, reducing their wait time upon arrival.
It is the responsibility of the prime contractor to ensure that this information is passed along to any subcontractor or transportation provider used during the performance of this purchase order. DRIVERS WHO DO NOT MEET THE
INSTALLATION ACCESS REQUIREMENTS WILL NOT BE ALLOWED ON THE INSTALLLATION AND
WILL BE TURNED AWAY.
NOTE: As of 31 Dec 2015, Department of Defense and Department of the Army has directed that Driver Licenses and ID cards from Minnesota, Missouri and Washington are not compliant with the standards of the REAL ID Act and cannot be used on their own as a primary means of identification to apply for access to Rock Island Arsenal.
Driver’s Licenses that have written on the top of them “NOT FOR FEDERAL IDENTIFICATION PURPOSES” are also non-compliant.
These non-compliant driver’s license or state issued identification cards may still be presented at the Rock Island Visitor Control Center, but they must be accompanied by one of the following secondary forms of identification before a records check is conducted and installation access is granted:
*Current vehicle registration showing name and address *Social Security card *US passport or passport card *US Military or Draft Record (DD-214 or Selective Service Registration Card) *Veteran Health Identification Card issued by the US Department of Veterans Affairs *Transportation Worker Identification Credential *Personal Identification Verification card issued by the Federal Government *Personal Identification Verification 0 Interoperable card issued by the Federal Government *US Certificate of Naturalization or certificate of citizenship (Form N-550) *US Department of Homeland Security “Trusted Traveler” card (Global Entry, NEXUS, SENTRI, or FAST) *Driver’s license issued by the US Department of State *US Military Identification Card for military members, dependents and retirees *US Permanent Resident/Alien Registration Receipt Card (Form 1-551) *US Coast Guard or Department of Homeland Security Merchant Mariner card *Native American Tribal Photo Identification card
Visitor Access Request Forms and a complete list of acceptable identification can be found at https://home.army.mil/ria/ (click on Menu, then Visitor Information, and then under How to Visit Rock Island Arsenal click on the second bullet “How to obtain a visitor pass”. Then on the right side of the screen click on “Access Request Process”) or call 309-782-0551.
Forms may be emailed for faxed
All visitors must process through the Moline Visitor Center Gate (I-74) off of River Drive in Moline, IL.
Visitors (to include transportation and freight providers) will require proper identification to access RIA
POC for this Policy are: RIA Visitor Center, Phone 309-782-0551, FAX 309-782-5029, email:
usarmy.ria.imcom.mbx.usag-access-request@mail.mil
13. RECEIVING HOURS OF OPERATION:
Monday – Friday, 6:30am to 2:00pm CST Deliveries before or after the above stated hours will be turned away. Appointments are not necessary.
For Directions call: 309-782-8539 (Automated)
14. SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION
A. The complete purchase order number (starts with W9098S----) MUST be on the outside of the shipping container(s). This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.
B. A Packing List must be included with each shipment.
C. Shipment or delivery to any address other than the "ship to" address designated in the purchase order, Block 15 of the SF1449, may result in a delay in payment.
D. Any change in the "ship to" address must be approved by a written contract modification from the Contracting Officer.
(End of Notice)
15. ROCK ISLAND ARSENAL SAFETY REQUIREMENTS
A. All Contractors and Contractor personnel coming on to Arsenal Island must comply with the Rock Island Arsenal/Joint Manufacturing and Technology Center (RIA-JMTC), other Arsenal Island safety requirements and all federal, state, and local safety laws and regulations.
B. Contractors must provide their employees with, and the employees must use, all required safety equipment necessary for the work they are performing and/or the areas they are in.
C. This includes safety glasses, safety shoes, proper clothing, proper protective equipment and rigging.
D. All drivers on Arsenal Island must use seatbelts at all times when driving a motor vehicle.
E. If in doubt about any safety requirements, contact the Rock Island Safety Office Phone: 309-782-2579.
(End of Notice)
16. ROCK ISLAND ARSENAL LAW ENFORCEMENT, SECURITY, AND FIRE PREVENTION
REQUIREMENTS
A. Any contractor personnel entering Rock Island Arsenal (RIA) as a result of this order/contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer of this order/contract.
B. BADGING: ALL contractors who are performing services within the confines of Rock Island Arsenal are required to obtain a visitor badge. Contractors shall coordinate with Contracting Officer/Specialist and (if applicable) the Contracting Officer’s Representative (COR) designated for the contract/order.
C. Contractors are required to display provided visitor badges above the waist in a conspicuous place on the upper part of the body. Badges are accountable and are required by the recipient to be safeguarded at all times to prevent theft, loss of misuse by unauthorized personnel.
D. PARKING: All parking is on a first come, first served basis, provided the parking space is not posted with a reserved, visitor, or Handicapped parking sign. Parking is allowed in “marked” spaces only. All valid spaces are clearly marked with white lines on both sides of the space. Vehicles parked in other than valid spaces are subject to being issued parking tickets.
E. Contractors will not be allowed in restricted areas of the Arsenal without proper identification and authorization.
F. INSEPCTIONS: All contractor employee’s vehicles, equipment, and packages are subject to inspection or examination at entry/exit of the Arsenal.
G. SMOKING POLICY: Indoor smoking is not permitted. Outside smoking must occur at least 50 feet from any building entrance and exit.
17. PHOTOGRAPHIC EQUIPMENT RESTRICTIONS
There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes digital cameras, cell phones and PDAs with cameras. You must get permission to use any type of photographic device in any non-public area on Arsenal Island. All requests must be coordinated with the Contracting Officer’s Representative (COR) or designated Contracting Officer for this effort prior to using any photographic device.
18. CONCEALED CARRY RESTRICTIONS
Concealed carry permits do not apply on military installations. Contractors and delivery drivers shall ensure there are NO weapons or ammunition in their vehicles prior to entering the installation; a K-9 unit will find and alert if any prohibited items are detected.
19. CONTRACTOR PERFORMANCE INFORMATION
The contractor is advised that its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The Department of Defense (DoD) Contractors Performance Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:
Exceptional: Performance meets contractual requirements and exceeds many to the Governments benefit.
The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.
Very Good: Performance meets contractual requirements and exceeds some to the Governments benefit.
The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
Satisfactory: Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
Marginal: Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented
Unsatisfactory: Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.
The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-90.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 120 Each FSC: 3417 Name: CNC MILL ASSEM Part Number: 11B5120001RIA
FFP
CNC MILL ASSEMBLY. PURCHASE IAW DRAWING 11B5120001 REV B.
Certificate of Conformance is required.
Pricing is to be completed on Attachment 0001 Price Matrix
RIA INTERNAL INFO
LMP PR
QA: 120_354
PROJECT: D25
FOB: Destination
NSN: 11B5120001RIA:5B5M3
DWG NR: 11B5120001
PSC CD: 3416
MAX
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0002 120 Each FSC: 3416 Name: CNC LATHE ASSE Part Number: 11B5020001RIA
FFP
CNC LATHE ASSEMBLY . Purchase IAW 11B5020001 REV B
Certificate of Conformance is required.
Pricing is to be completed on Attachment 0001 Price Matrix
RIA INTERNAL INFO
LMP PR
QA: 120_367
PROJECT: D25
FOB: Destination
NSN: 11B5020001RIA:5B5M3
DWG NR: 11B5020001
PSC CD: 3416
MAX
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
ADDENDUM TO 52.212-1
PROVISIONS INCORPORATED BY REFERENCE
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
SEP 2007
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements of Statements- Representation
JAN 2017
52.204-7 System for Award Management OCT 2018
52.204-17 Ownership or Control of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data
OCT 2010
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications.
AUG 2018
52.232-31 Invitation to Propose Financing Terms AUG 2018
PROVISIONS INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)
(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) 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.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer—
(1) 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)
252.211-7001 - Availability of Specifications, Standards, and Data Item Descriptions Not Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents (MAY 2006)
Drawings can be requested at https://www.fbo.gov/fedteds/W9098S19P006523
52.204-20 Predecessor of Offeror (JUL 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 or its outlying areas by the Defense Logistics Agency (DLA) Commercial 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 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).
52.209-5 -- Certification Regarding Responsibility Matters. (Oct 2015)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that --
(i) The Offeror and/or any of its Principals --
(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of Provision)
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be [] DX rated order; [x] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--
REPRESENTATION (DEC 2016)
(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]
(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.
(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:
52.233-2 SERVICE OF PROTEST (SEP 2006)
(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 jessica.l.pearson2.civ@mail.mil.
(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)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil (End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL
ADDENDUM TO 52.212-4
CLAUSES INCORPORATED BY REFERENCE
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
.52.204-13 System for Award Management Maintenance OCT 2016 52.211-15 Defense Priority and Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities SEP 1989 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.243-1 Changes – Fixed Price APR 1984 52.242-13 Bankruptcy JUL 1995 52.243-7 Notification in Changes JAN 2017 52.244-5 Competition in Subcontracting DEC 1996 52.246-2 Inspection of Supplies- Fixed Price- Basic AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure of Information OCT 2016 252.204-7003 Control of Government Personnel Work APR 1992 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
252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.225-7013 Duty-Free Entry MAY 2016 252.225-7048 Export-Controlled Items JUN 2013 252.243-7001 Pricing of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of 30 each;
(2) Any order for a combination of items in excess of 60 each; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of contract award through five (5) years after date of contract award.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
END OF ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) MAY 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
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 (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is…
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