W911KF-21-Q-0003 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W911KF21Q0003 09-Nov-2020

b. TELEPHONE NUMBER

256-256-6023

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 09 Dec 2020

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

LARRY D. STEPHNEY

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

SEE SCHEDULE

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ACC-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 (DPM)

7 FRANKFORD AVENUE, BLDG 362

ANNISTON AL 36201

TEL: FAX:

256 235-6353FAX:

TEL: 256 235-6231 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

921110

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 OF63

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.

W911KF21Q0003

Section SF 1449 - CONTINUATION SHEET

NARRATIVES

Narrative 1: SCHEDULING DELIVERIES.

Deliver to following address:

7 Frankford Ave (BLDG 128) ATTN: Sandy Arnold, 256-235-7534 OR Sherilyn Roberts 256-235-6291 Anniston, AL 36201

WORK HOURS RECEIVING HOURS DAY(S) OF WEEK

7:00 AM - 4:30 PM 7:00 AM - 2:00 PM Monday - Thursday 7:00 AM - 3:30 PM 7:00 AM - 2:00 PM Every other Friday CLOSED 7:00 AM - 2:00 PM Every other Friday CLOSED CLOSED Saturdays, Sundays, and Federal Holidays

(1) Federal Holidays. Federal holidays may cause the Depot to be closed for one or more of the work days identified. The contract performance period has taken this possibility into consideration.

(2) Shutdown Periods. The Government may choose to shut down for a week or portions of a week as stated below. During this shutdown, and unless otherwise stated, only those Government personnel essential for equipment/facility maintenance will be permitted work.

4th of July Holiday Safety Stand-Down Day* Christmas Holiday Employee Appreciation Day*

*Safety Stand-Down Day and Employee Appreciation Day generally occur on a Friday (8-hour day). Safety Stand-Down Day consists of either two half-days occurring at six-month intervals or one full workday per year. Employee Appreciation Day generally occurs on a Friday (half of an 8-hour day) and is usually held in the afternoon. The Contractor’s services may not be required during these periods. In such cases, the Contractor will be notified in writing by the Government. These interruptions will be at no cost to the Government.

(3) Schedule Changes. When situations warrant, the Government may change the hours of operation to adjust for certain conditions, i.e., weather conditions (extreme heat or cold). For example, during summer production, shops may begin work at 6:00 am and leave work at 3:30 pm to avoid the afternoon heat. The Contractor shall be provided as much advance written notice as possible when these situations occur and will be expected to support any schedule change provided by the Contracting Officer.

(4) Vehicle Searches: All vehicles entering, moving throughout, and exiting ANAD are subject to random searches as directed by the Depot Commander.

Narrative 2: Addendum to FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS (DEVIATION 2018-O0018) (OCT 2018) - The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Narrative 3: ATTACHMENTS. The following documents are incorporated as a part of this

This procurement is set aside 100% for Small Business.

solicitation:

1. Statement of work

2. Evidence of Authority

3. Sioan Form 380-2 Personnel Data Questionnaire

4. Request for Technical Literature

5. Past Performance Questionnaire

6. DD Form 1423 Contract Data Requirement List

7. DD Form 1664 Data Item Description

The following National Maintenance Work Requirement (NMWR) will be made available to Contractors who intend to submit a proposal. Please submit your request for access to the NMWRs to Larry Stephney at larry.d.stephney.civ@mail.mil.

Electromechanical Fuel System test stand - NMWR 9-2910-231 WP 0009 (pages 93-117) Oil Pump Test Stand - NMWR 9-2940-200 WP 0008 (pages 87-111)

Narrative 4: SYSTEM FOR AWARD MANAGEMENT (SAM). Contractors must be registered in the System for Award Management (SAM) database before an award will be issued and shall complete the electronic annual representations and certifications within SAM. After award, companies must ensure that their SAM registration remains valid and current to avoid problems with invoicing and payment. For SAM access and navigation issues, follow the instructions provided at “User Guides and Helpful Hints” on SAM Home page.

Narrative 5: ELECTRONIC SUBMISSION OF OFFERORS. All responses to this solicitation must be submitted in digitized/electronic format. Paper copy responses will not be accepted. All solicitation responses must be submitted by email to:

larry.d.stephney.civ@mail.mil.. Please confirm receipt. PLEASE LIMIT FILE SIZE TO 10,000

KB, SEND MULTIPLE EMAILS IF NECESSARY.

Offers submitted using any other means will not be accepted, unless stated otherwise in the solicitation.

Beta.SAM provides industry with a single point of access to all U.S. Army contracting opportunities. The Contracting Opportunities Search feature allows vendors to easily locate opportunities. Vendors must be registered before being able to respond to a solicitation. Before registering, a Data Universal Numbering System (DUNS) Number is required and registration in the SAMS System (www.sam.gov) is required. Offeror must insure its offer, in its entirety, reaches the Army Contracting Command-Warren, Anniston Army Depot (ANAD), before the time set for opening or closing of the solicitation.

Any clauses or provisions of this solicitation which mention writing, returning, or submission of offer will mean electronic submission as stated in the paragraph above.

Electronic offers must identify the solicitation and the opening/closing date, and include, as a minimum, the following:

a. The SF33/SF1449/SF18/SF1442 filled out and signed.

b. All applicable fill-in provisions from the solicitation must be completed.

c. Any other information required by the solicitation.

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.

If you choose to password-protect access to your offer, you must provide the password to ANAD before the opening or closing date. Contact the buyer identified on the cover page of this solicitation to arrange a means of providing the password. Passwords used only for the purpose of write protecting files need not be provided.

Offerors shall make every effort to ensure that their offer is virus-free. Offers (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as “unreadable.”

See Federal Acquisition Regulation 14.406 or 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

Any bid bond required by this solicitation must be submitted with the offer. Also, the properly completed original bid bond must be furnished to the Army Contracting Command-Warren, Anniston Army Depot (ANAD), 7 Frankford Ave, Anniston, AL 36201-4199, prior to the opening or closing of the solicitation.

Narrative 6: PAYMENT. Contractor must accept Government Smart Pay Credit Card or provide their electronic funds transfer address. 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.

Accept MasterCard? Yes_____ No_____

If no, EFT address: _____________________________

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: _________________________

Narrative 7: WAWF PROCEDURES. If your order WILL BE PAID BY DFAS (not by credit card) and contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests, you must submit your invoice through Wide Area Workflow (WAWF). This clause requires invoices for supplies and services purchased by the DoD 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. SAM is accessible at www.sam.gov. For SAM access and navigation issues, follow the instructions 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. Your purchase order/contract number or invoice 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/ Offeror field of contract

SAM Cage code listed in

Contractor/ Offeror field of contract

SAM Cage code listed in Contractor/

Offeror 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/Material s 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: (Please insert following email addresses for additional email distribution)

CONTRACT

ADMINISTRATOR:

CONTRACTING OFFICER:

USER AND/OR INSPECTOR:

Narrative 8: TECHNICAL LITERATURE--SUPPORTIVE DOCUMENTATION

(a) Technical literature must be furnished with the proposal. The literature must be identified to show the item in the offer to which it pertains. The technical literature is required to establish, for the purposes of proposal evaluation and award, details of the products the offeror proposes to furnish.

Technical literature on the items proposed must explain in detail the functional capabilities, logical operation, exact speed and capacities, limits, configuration rules, features, and interfaces.

(b) Failure of the technical literature to show that the products offered conform to the specifications and other requirements of this Request for Proposal may cause rejection of the offer.

Narrative 9: AUTOMATED INSTALLATION ENTRY (AIE) BADGE. Contractors accessing Anniston Army Depot will be required to obtain an AIE badge. To do so, contractors must submit a completed SIOAN 380-2 (sent to contractor at time of award) to the Contract Specialist with all required signatures to the badge office. A background check will be completed and approved/disapproved within 7-10 days. Once approved, the contractor can schedule an appointment for an AIE badge to be issued.

Narrative 10: DISCLOSURE OF UNIT PRICE INFORMATION. This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for

Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

Narrative 11: TIME OF DELIVERY. Please provide the time of delivery in calendar days:

Narrative 12: It is the Government’s intent to award ONLY one contract from this solicitation.

Narrative 13: PAST PERFORMANCE PROPOSAL AND EVALUATION INFORMATION. The government will conduct a performance risk assessment and the assessment will be used to assist in determining responsibility in accordance with (IAW) FAR

9.104.1 based upon the past performance of offerors and proposed subcontractors as it relates to probability of successfully performing the solicitation requirements. Offeror shall submit completed past performance questionnaires (Attachment No. 5 Past Performance Questionnaire) for RELEVANT PAST PERFORMANCE ON THREE (3) CONTRACTS performed within the past three (3) years prior to closing of this solicitation. For services, contractor shall have performed under each contract for a minimum of one (1) year within the past three (3) years.

Each contract cited may be ongoing or complete provided it meets the one year performance criteria. For equipment or supplies, contractor shall have completed each contract within the past three (3) years. If offeror proposes use of major subcontractor(s) in performance of resultant contract, provide a description of the work to be performed (supplies or services) by each major subcontractor and the information specified above for each subcontractor identified as relevant to the work to be performed by the subcontractor. A significant or major subcontractor is that subcontractor expected to provide over 20 percent of the work effort or critical hardware, software, or services.

"Relevant past performance" is defined as performance similar in nature and in scope to work required by this acquisition. The government will screen contract information provided by offeror and will remove from consideration those contract references that are clearly unrelated to the type of effort sought. The government will consider this information in its evaluation of performance risk for offeror and proposed the government will make a reasonable effort to consider information on the contracts cited for offeror and for each major subcontractor.

a. The government reserves the right to evaluate fewer than three (3) contracts for any contractor should we be unsuccessful in obtaining required information from sources cited. In that case, contractor (or subcontractor) will be evaluated on the information available.

b. Should the government receive information on more than three (3) contracts, selection of those to be considered in evaluation will be based on the criteria stated previously. The government reserves the right to consider information from other sources in its evaluation.

c. The Government may utilize Federal awardee Performance and Integrity Information System (FAPIIS) and System for Award Management (SAM) to determine responsibility.

Narrative 14: COVID-19 COVID-19 is an infectious disease that has caused sickness and death around the world and in the United States of America. This disease is in the form of a virus and is primarily spread by person-to-person transmission. This narrative mandates actions to reduce the risk of spreading this virus.

Contract employees must comply with Federal (Center for Disease Control (CDC)) and State (Alabama Department of Public Health (ADPH)) guidelines related to, but not limited to, protective measure, reporting for duty, quarantine, and returning to work.

Social distancing and covering the face, specifically, the mouth and nose to prevent the spread of viral aerosols, are avenues to limit the spread of the virus. In order to mitigate the spread of COVID-19 and to protect all personnel, ANAD has directed that all contractor personnel comply with the practices that have been recommended by the CDC, including, but not limited to washing your hands, not touching your face, and social distancing.

Absent a medical condition that prevents the wearing of a face covering or safety considerations based on a contractor’s assigned duties, ANAD contractors shall wear face coverings where they cannot maintain six (6) feet of separation from other persons within the work area. A face mask covering the mouth and nose must be worn at all times while in duty status, to include lunch and breaks, when the six (6) feet of separation cannot be maintained.

If a contract employee is infected by COVID-19 and has performed work or delivered supplies to ANAD, the contractor shall notify the Contracting Officer immediately. Infected contractor employees may not return to ANAD until they are cleared to return to work by medical personnel in accordance with (IAW) ANAD COVID-19 Pandemic policy regarding the return to work of infected individuals.

Contractors must continue to remain informed and comply with all current and future Commander directives and policies related to COVID-19 to ensure the most safe, effective, and efficient workforce conditions.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot AGT 1500 EMFS Test Stand

FFP

The contractor shall design, delivery, and install one Electromechanical Fuel System (EMFS) test stand to meet all testing requirements of NMWR 9-2910-231 WP 0009 (pages 93-117) and WP 0012 (pages 163-185)) in accordance with the Statement of Work.

FOB: Destination

NSN: AASSVC023801A7

COLOR: Black

PURCHASE REQUEST NUMBER: W31G1Y023801A7

PSC CD: 4910

NET AMT

0002 1 Lot AGT 1500 Oil Pump Test Stand

FFP

The contractor shall design, delivery, and install one Oil Pump Test Stand to meet all testing requirements of NMWR 9-2940-200 WP 0008 (pages 87-111) in accordance with the Statement of Work.

FOB: Destination

NSN: AASSVC023801A6

MILSTRIP: W31G1Y023801A6

COLOR: Black

PURCHASE REQUEST NUMBER: W31G1Y023801A6

PSC CD: 4910

0003 1 Each

CONTRACT DATA REQUIREMENT

FFP

DD Form 1423 Contract Data Requirement List and DD Form 1664 Data Descriptions are are attached. Attachments 6 and 7. This is a not separately priced CLIN, therefore, please do not submit pricing FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

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 or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.214-21 Descriptive Literature APR 2002

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

MAR 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

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 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements--Basic SEP 2019 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Warranted Contracting Officer and shall not be binding until so approved.

(End of clause)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

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.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications,…