W911KF-19-Q-0084_Solicitation.pdf
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- Towed Air Compressors Federal contract opportunity
- Solicitation number
- W911KF-19-Q-0084
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SEE ADDENDUM
(No Collect Calls)
W911KF19Q0084 28-Aug-2019
b. TELEPHONE NUMBER
256-240-3111
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 30 Sep 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 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.
W911KF9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MISTY L. WOODSWHITFIELD
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
W31G1Y922101FH
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ARMY CONTRACTING COMMAND - WARREN (ANAD)
ANNISTON ARMY DEPOT
7 FRANKFORD AVENUE, BLDG 35
ANNISTON AL 36201-4199
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W31G1Y 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
ANNISTON ARMY DEPOT
REQUISITION PROPERTY MGMT. DIV.
7 FRANKFORD AVENUE
ANNISTON AL 36201-4199
TEL: FAX:
256 235-6353FAX:
TEL: 256 235-6231 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,000
NAICS:
333912
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 OF56
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.
W911KF19Q0084
Section SF 1449 - CONTINUATION SHEET
LOCAL NARRATIVE
1. The statement of work is incorporated into this solicitation.
2. Quotes must be submitted on Standard Form 1449. YOUR BID WILL BE CONSIDERED TO BE NONRESPONSIVE IF THE SF FORM 1449 IS NOT SUBMITTED IN ITS ENTIRETY. Quoters’ that fail to furnish required representations or information, or whom reject the terms and conditions of the request may be determined to be NON‐RESPONSIVE. It is your responsibility to furnish all information requested.
We will not confirm information by telephone. If you do not fully respond (such as price, delivery date) to the Request for Quotation, you may be determined NON‐RESPONSIVE.
3. It is your responsibility to furnish all information requested. We will not confirm information by telephone. If you do not fully respond (such as price, delivery date) to the Request for Quotation, you will be determined non-responsive.
IMPORTANT: IT IS YOUR RESPONSIBILITY TO ENSURE YOUR BID HAS BEEN RECEIVED BY
THE CLOSING DATE AND TIME AS SPECIFIED IN THE SOLICITATION.
4. PLEASE SUBMIT QUOTES TO: Misty WoodsWhitfield misty.l.woodswhitfield.civ@mail.mil
5. INSTALLATION SECURITY
No unauthorized materials of any type may be brought onto or left unattended on the installation.
Contractors must have a process in place to receive and store materials and have visibility of the location of those materials at all times while on ANAD. This includes construction materials, equipment, and miscellaneous items. This visibility/accountability of materials applies to the Contractor, its subcontractors, and its material suppliers. Further, all Contractor, subcontractor, and material supplier employees are prohibited from bringing personal belongings of any nature onto the installation if such items are to be left unattended at any time. The Contractor is further required to have a plan of action for implementing these procedures and must submit it to the Contracting Officer upon request. This plan of action must include a provision for informing all employees and subcontractors of these procedures. The plan of action must also address monitoring and procedures the Contractor has in place to ensure compliance with this contractual provision. Should the Contractor fail to comply with this mandatory contractual provision, the Contractor may be held responsible for all direct and indirect cost incurred by the Government in identifying, securing, segregating, removing, and otherwise properly disposing of improper or abandoned materials/equipment.
6. RECEIVING HOURS
a. Receiving hours for deliveries to the Receiving Area (see paragraph b):
Monday – Friday 7:00 a.m. - 12:00 p.m. and 12:40 p.m. - 2:00 p.m.
b. Normal Depot working hours are as follows:
Monday – Thursday 7:00 a.m. - 12:00 p.m. and 12:30 p.m. - 4:30 p.m.
Every Other Friday 7:00 a.m. - 12:00 p.m. and 12:30 p.m. - 3:30 p.m.
c. Anniston Army Depot will be closed Saturdays, Sundays, Federal Holidays, and every other Friday.
d. Details of this order/contract should not be discussed with anyone other than the Contract Administrator whose name and telephone number are shown in the ADMINISTERED BY block of the order/contract.
Should you receive any inquiry(ies) from any source other than as indicated above, we would appreciate you contacting us in writing or by telephoning the appropriate administrator at Anniston Army Depot.
e. If the purchase/contract/delivery order number is not noted on the shipping document or marked clearly on the box/package, it will be REJECTED.
7. Contractors must be registered in the System for Award Management (SAM) database before an award will be issued. Companies should verify their SAM registration to ensure it is valid and current. COMPLETE
THE FOLLOWING INFORMATION AND INCLUDE WITH ANY OFFER.
Federal Tax Identification Number: ________________ Dun & Bradstreet Number (DUNS): _______________ CAGE Code: _____________ System for Award Management (SAM) Registration: Yes _____ No_______ Expiration Date: ___________
Vendor Contact Information: POC ___________________________ Telephone: ______________________
FAX: ___________________________
Email:___________________________
WAWF PROCEDURES
This contract will be paid by DFAS (not by credit card) and contains DFARS Clause 252.232-7003. You must submit your invoice through Wide Area Workflow (WAWF). Invoices for supplies and services purchased by the DoD must be submitted via electronic means. The Wide Area Workflow system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/
Ensure the Electronic Business POCs listed in the System for Award Management (SAM) for your company are the same individuals that will submit invoices through WAWF before using WAWF. The previous ‘Central Contractor Registration (CCR)’ system has been migrated to the System for Award Management (SAM) and accessible at www.sam.gov. For SAM access and navigation issues, follow the instruction provided at “User Guides and Helpful Hints” on SAM Home page.
If your Electronic Business (EB) POCs are correct, contact the WAWF helpdesk at 1-866-618-5988 or by e-mail at cscassig@ogden.disa.mil and ask them to establish a group for your CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation. Once the group is established and the account is activated, you will be able to create a Combination Invoice/Receiving report (SUPPLIES/MATERIALS) or a 2 in 1 Invoice (SERVICES/EQUIPMENT) using the codes below and instructions available from our contract administrator/buyer.
Questions concerning payment should be directed to the responsible Defense Finance Accounting Services (DFAS). Please have the order number and invoice number ready when calling about payment status.
The accounts payable mailing address can be located in Block 18a of your order. You can easily access payment information using the DFAS web site at http://www.dfas.mil/http://www.dfas.mil. Your purchase order/contract will be required to inquire status of your payment. Go to DFAS on the web at:
www/dfas.mil/money/vendor.
THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL
EMAILS CORRECTLY THROUGH WAWF:
WAWF
Data/CODES needed for Invoice
SUPPLIES/
MATERIALS
(PRs that start with W31G1Y)
SERVICES/
EQUIPMENT
SUPPLIES/
MATERIALS
(PRs DO NOT that start with W31G1Y)
CONSTRUCTION
CAGE CODE SAM Cage code listed in Contractor/Offero r field of contract
SAM Cage code listed in Contractor/Offe ror field of contract
SAM Cage code listed in Contractor/Offer or field of contract
SAM Cage code listed in Contractor/Offeror field of contract
ISSUE/ADMIN BY
DODAAC
W911KF W911KF W911KF W911KF
INSPECT BY
DODAAC (If needed)
W31G1Y (Must have inspector code)
W911KF W911KF
(Unless Inspected by
DCMA)
W911KF
SHIP TO
(Supplies/Materials Only)
W911KF NOT
AVAILABLE
W911KF W911KF
ACCEPTOR
(Services/Equipment Only)
NOT
AVAILABLE
W911KF NOT
AVAILABLE
NOT AVAILABLE
Type of Invoice COMBO 2 IN 1 COMBO CONSTRUCTION Pay DODAAC HQ0303 HQ0303 HQ0303 HQ0303
CONTRACT NUMBER:
DELIVERY ORDER NUMBER (IF APPLICABLE):
EMAIL POINT OF CONTACT LISTING: misty.l.woodswhitfield.civ@mail.mil
CONTRACT ADMINISTRATOR: Misty WoodsWhitfield
CONTRACTING OFFICER: T. Morey Gaddy
DESCRIPTION/WORK STATEMENT/SPECIFICATION
1.0 Scope. This specification establishes the requirement for five (5) Chicago Pneumatic CPS 185KD T4F towable screw type air compressor or equivalent, if salient characteristics can be provided to Anniston Army Depot, Anniston, Alabama. The equipment shall be provided by the Contractor with all functionality, capabilities and features as described herein. The Contractor shall provide all resources necessary to meet the specifications, manufacture, deliver, and demonstrate functional operation of the Equipment. The Contractor shall not proceed with any verbal or written change(s) to the scope of work from sources other than the Contracting Officer, who will provide changes in writing.
2.0 Applicable Documents.
2.1 Order of Precedence. In the event of a conflict between the text of this Equipment specification and the references cited herein, the more stringent regulation or specification shall take precedence, unless a specific exception to this, order of precedence, is noted in this Equipment specification. Nothing in this specification, however, supersedes applicable laws and regulations unless a specific exemption has been obtained by the Government.
2.2 References. UFGS-01 35 26, Safety and Occupational Health requirements for the protection of Contractor and Government personnel, property, and resource; American National Standards Institute (ANSI) B11/STD B11.0, standard for Safety of Machinery – General
Requirements and Risk Assessment
3.0 Requirements. This specification provides the requirements for five (5) Towable Air Compressors. The Towable Air Compressors shall be a product produced as the manufacturer's current production model.
3.1 General Requirements for Towable Air Compressor.
A. Free Air Delivery (FAD): 185 Cubic feet a minute (cfm) at minimum B. Normal Effective Working Pressure: 100 pounds per square inch gauge (psig) at minimum C. Maximum Unloaded Working Pressure: 125 psig D. Minimum Working Pressure: 58 psig E. Air Compressor Outlets: 2” x 3/4” F. Maximum Sound Pressure Level at 7m (23ft): 76 Decibels (dB) G. Max ambient temperature at sea level: 125 degrees Fahrenheit H. Compressor Oil: 2.25 gallon I. Minimum starting temperature (without starting aid): 14 degrees Fahrenheit J. Fuel Tank Capacity: 20 gallon or greater K. Fuel Consumption @ 100% load: 2.5 Gal/hr.
L. Must include all necessary safety equipment to prevent over pressurization.
3.1.1 ENGINE
A. Number of Cylinders: 3 B. Displacement: 1.8 L C. Power output @ normal shaft speed: 49 hp D. Emissions level: Tier 4 Final E. Full load rpm: 2700 F. Unload rpm: 1800
3.1.2 Trailer Undercarriage Dimensions
A. Length x Width x Height: 128” x 60” x 57” B. Weight: 2185 lbs
3.1.3 The Towable Air Compressor shall be equipped with all other components and parts not specifically mentioned but necessary to provide a functional machine and shall conform, in quality, to that normally provided to the commercial industry.
3.2 Safety and Health Requirements.
The Equipment shall be equipped with safety devices to adequately protect the operator from all hazards incident to its operation.
3.3 Ergonomics.
The Equipment shall be ergonomically designed to prevent the occurrence of repetitive stress injuries.
3.4 Environmental Compliance.
The Equipment provided under this contract shall meet all applicable Environmental Protection Agency (EPA) and Alabama Department of Environmental Management (ADEM) regulations and restrictions in effect on the date of the contract.
3.5 Maintainability and Interchangeability.
The Equipment shall be constructed using commercial off-the-shelf components to the maximum extent possible to ensure the prompt availability of repair parts. All replaceable parts shall be designed and manufactured to such standards as shall permit replacement and adjustment without the need for modification of the parts or the Equipment. All replacement parts shall be available domestically.
3.6 Workmanship
Standards of workmanship shall assure that the Equipment shall have the stability, strength, safety, and efficient operating characteristics found in state-of-the-market commercial units.
3.7 Construction.
3.7.1 The Equipment shall be so constructed as to be capable of performing the operations specified herein. All surfaces shall be clean and free of extraneous materials. External surfaces shall be smooth and free from sharp edges, rounded or beveled, unless sharpness is required for performance. All screws, pins, and similar parts shall be installed to prevent loss of tightness.
Parts subject to adjustment or removal shall not be permanently installed or deformed. The Equipment shall be constructed of parts, which are new, without defects, and free of repairs. The structures shall withstand all forces encountered during operation of the Equipment to its maximum rating and capacity without permanent distortion or failure.
3.7.2 Materials shall conform to the applicable specifications and shall be as specified herein and on the manufacturer's applicable drawings. Materials which are not covered by applicable specifications or standards shall be of the best quality, and entirely suitable for the purpose intended.
3.7.3 The Equipment shall be constructed of corrosion resistant material to the maximum extent possible. Equipment materials not specifically designated herein or in the contract shall be of a quality commensurate with commercial practice within the applicable machine industry.
When dissimilar metals are used in contact with each other, suitable protection against galvanic corrosion shall be applied.
3.7.4 Unless suitably protected against electrolytic corrosion, dissimilar metals shall not be used in intimate contact with each other.
3.7.5 Materials that are nutrients for fungi shall not be used.
3.7.6 Any nonmetallic material that is adversely affected by contact with Equipment compounds shall not be used.
3.8. Lubrication.
3.8.1 Lubrication means shall be provided for all moving parts that require lubrication, except where sealed permanent lubrication is provided. The types of lubricants shall be selected from, and in accordance with, SAE J754. All initial fills of lubricants shall be limited to the types approved by the component manufacturers. Grease lube fittings shall conform to SAE J534.
3.8.2 A lubrication plate or plates shall be attached to the Equipment. The information provided on the plate shall include: points of lubricant application, servicing interval, type of lubricant(s) with SAE number or lubricant identifier, viscosity, and Federal or Military Specification Number (if applicable).
3.8.3 Oil holes, grease fittings, and filler caps shall be accessible. Lubrication reservoirs, if applicable, shall have means for checking levels. Re-circulating lubrication systems shall include a cleanable or replaceable filter.
3.9 Castings and Forgings.
Castings shall be free of visible blowholes, porosity, hard spots, shrinkage, defects, cracks, scale, mismatching or other defects. Forgings shall be free of visible scale, inclusions, cold shuts, mismatching, or other defects. Mechanical and chemical properties of the castings and forgings shall be adequate to meet the performance requirements of this specification. No processes such as welding, peening, plugging, or filling with solder or paste shall be used for reclaiming any defective part. Such processes may be used only for enhancing surface finish and appearance.
3.10 Welding, Brazing, and Soldering.
Welding, brazing, and soldering shall be of a quality, which shall sustain the performance requirements of the welded, brazed, or soldered part. These operations, however, shall not be employed as repair measures for defective parts. Welding, brazing, or soldering shall be employed only where specified in the original design. Any material used for such operations shall be thoroughly removed from the part(s) upon completion of the operations.
3.11 Painting.
Unless otherwise specified painting and finishing of the Equipment shall be in accordance with standard commercial practice provided the following minimum criteria are met or exceeded: all surfaces to be painted shall have been cleaned to be free of all foreign matter detrimental to painting, and at least one coat of industrial primer and one coat of industrial enamel, or equivalent, applied.
4.0 Acceptance
4.1 Acceptance Testing and Verification. The equipment shall be tested and verified after delivery to Anniston Army Depot.
4.2 Conformance. The Equipment shall meet the requirements of this Specification and conform to the Manufacturer’s own drawings, specifications, standards, and quality assurance practices. The Government reserves the right to, at any time during the contract period, require proof of such conformance or to inspect the Equipment to determine compliance with the requirements of this Specification.
4.3 Final Acceptance. The Government will issue a final acceptance only after the contractor successfully completes all requirements herein. Final acceptance will be at Anniston Army Depot. Upon acceptance of all items described above, the contractor shall submit a completed DD Form 250 for signature by the government representative, as final acceptance of the equipment required by this specification (see solicitation for form & instructions).
5.0 Delivery, Handling, Storage, Installation and Training.
5.1 Delivery.
5.1.1 The Contractor shall be responsible for delivering the Equipment to the Anniston Army Depot, 7 Frankford Avenue, Anniston, Alabama, 36201 Bldg.4, Commercial Construction Equipment Maintenance Shop.
5.1.2 The government will provide the Contractor a required delivery date a minimum of 8 weeks prior to that delivery date. The Contractor must deliver the equipment within 5 business days of the delivery date provided by the Government. The required delivery date shall be between the dates of 1 October 2019 and 30 June 2020. Quote should include all freight and delivery charges.
5.2 Shipping.
5.2.1 The Contractor shall be responsible for crating and shipping the Equipment and all associated material and components.
5.2.2 The crating shall protect the Equipment from damage and weather during handling, shipping and storage of the Equipment.
5.2.3 The Contractor shall provide shipping details to the Government no less than one (1) week prior to shipment.
5.3 Assembly. The Contractor shall be responsible for assembly of the equipment.
Equipment shall be delivered assembled and ready for use.
6.0 Documentation.
6.1 Manuals. An Operator Manual shall be furnished to include operating instructions explaining preventive maintenance procedures, methods of checking the Equipment for normal safe operation and procedures for safely starting and stopping the system manually to include but not limited to Lock-out/Tag-out procedures. The Operator Manual shall include the step-by-step procedures required for Equipment startup, operation and shutdown. Service and parts manuals are also to be included for this equipment. All manuals are to be provided at time of delivery.
6.1.2 Other Documentation. In addition, any other documentation normally furnished with the Equipment shall be provided.
6.2 Language. All documentation shall be furnished in the English language only.
6.3 Government Furnished Equipment (GFE). ANAD will furnish no Government equipment to the Contractor.
6.4 Warranty. The Towable Air Compressor shall be covered by the manufacturer’s 1 year standard commercial warranty for this type of equipment and shall begin the day following Government issuance of final acceptance of the Equipment per paragraph 4.0. During the warranty period, the Contractor shall be responsible for all costs including parts and labor required to complete repairs of any defects in machine material, parts or workmanship. The warranty shall be written in the Anniston Army Depot’s name.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 5 Each Air-Compressor-185CFM:75117
FFP
FIVE TOWED AIR-COMPRESSORS-185CFM:75117. SOW is attached.
FOB: Destination
NSN: AIR-COMPRESSOR-185CF
MILSTRIP: W31G1Y922101FH
PURCHASE REQUEST NUMBER: W31G1Y922101FH
PSC CD: 4310
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 01-NOV-2019 5 ANNISTON ARMY DEPOT
REQUISITION PROPERTY MGMT. DIV.
7 FRANKFORD AVENUE
ANNISTON AL 36201-4199
FOB: Destination
W31G1Y
CLAUSES INCORPORATED BY REFERENCE
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.211-6 Brand Name or Equal AUG 1999 52.212-2 Evaluation - Commercial Items OCT 2014 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2019-O0003).
JAN 2019
52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture AUG 2018 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.233-3 Protest After Award AUG 1996 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications JUN 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7016 I Restriction of Acquisition of Ball and Roller Bearings
Alternate I
DEC 2000
252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)
(a) Definition. As used in this provision--
Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(End of clause)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)
(a) Definitions. As used in this clause--
Covered article means any hardware, software, or service that--
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means--
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.
115-91) prohibits Government use of any covered article. The Contractor is prohibited from--
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of
Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
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).
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 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 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.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small…
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