W911SA22Q1000-0003 Conformed Copy.docx

W911SA22Q1000

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. Request for Quote (RFQ) for the delivery of Waste Water Chemicals to Fort McCoy, WI. The resultant contract will be a firm fixed price, multiple year, indefinite delivery indefinite quantity (IDIQ) contract. The period of performance is 01 November 2021 through 31 October 2026 (or subsequent date).

1. This procurement is open market Unrestricted, under the NAICS Code 325180 with a size standard of 1,000 Employees.

1. All discourse concerning this solicitation and its requirement shall be directed to the Fort McCoy Contracting Office. Any remarks, explanations, or answers provided by any other Government Representative shall not change or qualify any of the terms or conditions of the solicitation. The solicitation shall only be changed by a written amendment issued by the Fort McCoy Contracting Office.

3. An award for this requirement will be made pursuant to FAR Part 13.5 Simplified Procedures for Certain Commercial Items and FAR Part 12, Acquisition of Commercial Items.

1. This will be a single award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.

There is no minimum guarantee beyond the first year.

In accordance with FAR 52.216-22, “Indefinite Quantity”, the quantities specified in the CLINs are estimates only and are not purchased by this contract.

The Government pays only for the actual quantities ordered and received by contract delivery order. The Government reserves the right to order the maximum quantities and is obligated to order only the minimum guarantee.

1. Quotes can be submitted in the following way:

-via email to: alexander.j.scott24.civ@army.mil

1. PERIOD FOR ACCEPTANCE OF QUOTES. The offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.

1. Written questions must be furnished to the Government no later than 2 November 2021 at 10:00 AM (Central Time) in order to ensure a timely response is provided by the quote closing date. All questions are to be submitted in writing by the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, Offerors are advised to submit questions as soon as possible. Please provide your company name, telephone number, point of contact, email address, and solicitation number on all questions. The Government will respond to all questions via the issuance of an amendment which incorporates the question and the Government’s response.

1. Functional POC: To be determined at the time of award (TBD)

1. Contracting Officer: TBD at time of award.

1. Post award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

1. A DUNS number is required for SAM registration. If your company does not have a DUNS#, obtain one by calling 800-333-0505.

1. DUNS NUMBER ______________________________.

1. TAXPAYER ID #______________________________.

1. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An active SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already actively registered, please register in the SAM database at www.sam.gov. If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

1. A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.

1. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 325180 or a NAICS of similar business size, under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

1. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 325180 or a NAICS of similar business size, under the Goods – Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful registered offeror.

1. REPRESENTATIONS AND CERTIFICATIONS REQUIREMENT: Prospective contractors must also complete electronic annual representations and certifications (FAR 52.212-3 Alternative 1 Offeror Representations and Certifications - Commercial Items) to include the DFARS Representations and Certifications at www.sam.gov in conjunction with required registration in the System for Award Management, www.sam.gov database by the request for quote closing date to be eligible to receive an award for this request for quote.

1. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

1. INFORMATION FOR EVALUATION

This section supplements clauses 51.212-1 and 52.212-2, which are included elsewhere in this request for quote. The Government will award a contract resulting from this request for quote to the responsible offeror whose quote, conforming to the request for quote, will be most advantageous to the Government, price and other factors considered. The Government intends to evaluate quotes and award a contract without discussions with Offerors. Therefore, the offeror’s initial quote 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 quotes if such action is in the public interest; accept other than the lowest priced quotes; and waive informalities and minor irregularities in quotes received.

In case of discrepancy between a unit price and an extended price listed in the Item number, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

TECHNICAL FACTOR:

**In response to the solicitation/request for quote for this requirement, Offerors shall submit supporting documentation explicitly showing how the salient features/statement of work and contract terms and conditions will be met. Supporting documentation can be documents such as brochures, pamphlets, screenshots, etc. of the proposed item that specifically lists the salient features, and can be compared to the salient features/statement of work in the solicitation.

Evaluation –For Offers evaluated in order of price (beginning with the lowest priced offer, and working up in order of price (lowest to highest), as required, if the low is found not to be technically acceptable): not all offers will be technically evaluated unless required, as deemed by the Contracting Officer; each item in the below Technical Criteria Table will receive one of the adjectival ratings defined below. Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and the offer(s) is/are not eligible for award.

Meets all technical specifications identified in the solicitation.

Completed provision FAR 52.204-24 as applicable

Completed provision FAR 52.204-26

PRICE FACTOR:

Submission Instructions – Offeror shall submit a fully completed SF 1449, Pricing Schedule, or acceptable alternative as identified in 52.212-1 or elsewhere in the RFQ.

The agreed upon items and quantities will be multiplied times their respective unit prices found in the RFQ.

Price will not be assigned an adjectival rating; and will be evaluated to determine if the offeror quoted price is fair and reasonable. The government may determine that an offer is unacceptable if prices are significantly under or over market pricing. Price shall be evaluated at estimated quantities multiplied times their respective unit price, not to exceed two (2) decimal points.

1. ALTERNATE DISPUTES RESOLUTION: In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum.

1. LEGAL COMPLIANCE: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

1. INSTALLATION ACCESS: Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor and all associated sub-contractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures.

The contractor shall also provide all information required on the Fort McCoy form 451 and 452 for background checks to meet installation access requirements (SEE Below) to be accomplished by installation Director of Emergency Services Physical Security Division. Contractor personnel performing work under this contract shall submit to a NCIC-III Criminal History Check before access will be granted to Fort McCoy. Once the individual has cleared the criminal history they will be issued an Installation Access Card (IAC). An un-favorable NCIC-III Criminal History Check will result in the contractor being denied access to the installation and a waiver request must be approved prior to gaining access. For waiver approval process coordinate with the installation physical security office.

Contractors must process all Fort McCoy forms 451 and 452 through their Government sponsor (this is usually the COR).

Information required for Criminal History Check

· Full Name, Including middle name(s)

· Sex

· Date of Birth

· Driver’s License information

· Issuing State

· Beginning and End date

· Access Hours

· Work location

· Company Name

· Position (i.e. Construction)

For more information please contact the Installation Physical Security Section at 608-388-8445/2010/4694 or 3794.

1. ATTACHMENTS:

Attachment 1: AT OPSEC

STATEMENT OF WORK

1. MATERIAL SPECIFICATION: The chemical materials specified for water and wastewater treatment to be supplied and delivered are as follows:

a. Sodium Hypochlorite: Contractor shall deliver bulk technical grade sodium hypochlorite 12.5-15% solution to buildings 5021 and 5050 or any well house as needed on Fort McCoy, WI. The Contractor will transfer the bulk deliveries into Fort McCoy’s existing storage containers. The storage containers are located inside of buildings and access is through standard doorways. Each delivery request will be between an estimated 50 and 500 gallons, with an estimated five to ten delivery requests per period of performance. The quantity listed in the table below is an estimated quantity per period of performance, it is not a guaranteed volume. A current Safety Data Sheet (SDS) will be provided upon award and with the next shipment after the SDS is updated.

b. Caustic Soda (Sodium Hydroxide): Contractor shall deliver bulk technical grade caustic soda 50% solution to buildings 5021 and 5050 or any well house as needed on Fort McCoy, WI. The Contractor will transfer the bulk deliveries into Fort McCoy’s existing storage containers. The storage containers are located inside of buildings and access is through standard doorways. Each delivery request will be between an estimated 50 and 500 gallons, with an estimated five to ten deliveries per period of performance. The quantity listed in the table below is an estimated quantity per period of performance, it is not a guaranteed volume. A current Safety Data Sheet (SDS) will be provided upon award and with the next shipment after the SDS is updated.

c. Ferric Chloride: Contractor shall deliver bulk technical grade ferric chloride in 32-45% solution to Building 2210 of the wastewater treatment plant at Fort McCoy, WI. Delivery vehicle shall have at least 20 feet of hose with a fitting able to fit a 2-inch cam lock. Each delivery request shall consist of approximately 3,000 gallons, with an estimated three to five deliveries per period of performance. The quantity listed in the table below is an estimated quantity per period of performance, it is not a guaranteed volume. A current Safety Data Sheet (SDS) will be provided upon award and with the next shipment after the SDS is updated.

2. SUBSTANDARD MATERIALS:

a. Delivery of substandard materials does not constitute the acceptance of substandard materials.

b. Removal of materials shown to be substandard shall be the responsibility of the Contractor and the costs for removal shall be borne by the Contractor.

c. In the event the material has been delivered prior to rejection, it shall be removed by the vendor at the vendor’s expense within 48 hours of notification of rejection.

3. ORDERING:

a. The contract Price Schedule lists estimates of quantity. The Government may order any item on the Price Schedule, until the respective base or option period Contract Line Item Number (CLIN) are met.

b. Delivery Orders will be sent to the Vendor by the Contracting Office. Delivery Orders will state a period of performance. The Contractor shall designate a Vendor Point of Contact with contact information for placing orders. The Government Contract Point of Contact will place orders for the Delivery Orders with the vendor via phone or email and the vendor will coordinate delivery date(s) and time with the Government Delivery Point of Contact, as materials are required. When the maximum quantity of materials ordered on a Delivery Order has been delivered, another Delivery Order will be awarded as determined/needed by the Government.

c. Typically, the sodium Hypochlorite and Caustic Soda (Sodium Hydroxide) are ordered and delivered at the same time.

d. The quantities are estimated Quantities. The government is not obligated to order the exact estimated quantities per performance period. The estimated quantities per performance per are as follows:

Sodium Hypochlorite – 2,500 gallons Sodium Hydroxide – 3,500 gallons Ferric Chloride - 20,000 gallons

4. TIME OF DELIVERY: Delivery time shall be between 8:00 AM and 2:00 PM Monday through Friday, excluding federal government holidays. Deliveries outside of these hours will be accepted only when prior arrangements have been approved by the Government Delivery Point of Contact (POC).

5. DELIVERY COORDINATION: Contractor shall notify the Delivery Point-of-Contact, to schedule an appointment for delivery of chemicals at least 24 hours in advance.

6. DELIVERY OF MATERIALS:

a. The Government only pays for the quantity ordered. The Contractor is responsible for delivering the quantity ordered in each delivery order, with zero (0) allowance for shortages. See contract clause 52.211-17 -- Delivery of Excess Quantities.

b. Deliveries shall commence within five (5) business days after the supplier receives a request, either verbal or in writing.

c. Fort McCoy will not accept pre-packaged materials, i.e, 55 gallon drums in lieu of bulk delivery. At the Contractor’s discretion, they can transport the material in any type of container, however it is their responsibility to pump the chemicals into Fort McCoy’s holding tanks and remove all of the containers.

d. The Contractor shall furnish all personnel and equipment for the loading, transporting, and unloading of the material for delivery.

e. The Contractor shall comply with all local, state, and federal laws and regulations.

f. Contractor’s bid shall include all freight, delivery and other surcharges.

g. In the event of a chemical spill, the Contractor is responsible for the cost of the product, cleanup, and disposal of any spilled material.

h. For deliveries within the cantonment area, the Contractor will be required to enter the installation through Gate 20. Vehicles and personnel are subject to search upon entry to the Installation. Contractor’s employees will be required to show proof of identification, and get a visitor’s pass to enter the Cantonment area, at Gate 20. A state driver’s license is used to do this.

7. DELIVERY RECEIPT:

a. The Contractor shall provide proof of the volume of all deliveries e.g. by metered pump.

b. The delivery receipt shall contain the material type, date, and volume of material delivered.

c. The Government Delivery Point of Contact representative shall collect the delivery ticket at the time of delivery.

0001 Sodium Hypochlorite

FFP

Contractor shall deliver bulk technical grade sodium hypochlorite 12.5-15% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 1: November 1, 2021 - October 31, 2022 FOB: Destination

PURCHASE REQUEST NUMBER: 0011666049

PSC CD: 6810

NET AMT

0002 Caustic Soda (Sodium Hydroxide)

Contractor shall deliver bulk technical grade caustic soda 50% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 1: November 1, 2021 - October 31, 2022 FOB: Destination

NET AMT

0003 Ferric Chloride

Contractor shall deliver bulk technical grade ferric chloride in 32-45% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 1: November 1, 2021 - October 31, 2022 FOB: Destination

NET AMT

0004 Sodium Hypochlorite

Contractor shall deliver bulk technical grade sodium hypochlorite 12.5-15% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 2: November 1, 2022 - October 31, 2023 FOB: Destination

NET AMT

0005 Caustic Soda (Sodium Hydroxide)

Contractor shall deliver bulk technical grade caustic soda 50% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 2: November 1, 2022 - October 31, 2023 FOB: Destination

NET AMT

0006 Ferric Chloride

Contractor shall deliver bulk technical grade ferric chloride in 32-45% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 2: November 1, 2022 - October 31, 2023 FOB: Destination

NET AMT

0007 Sodium Hypochlorite

Contractor shall deliver bulk technical grade sodium hypochlorite 12.5-15% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 3: November 1, 2023 - October 31, 2024 FOB: Destination

NET AMT

0008 Caustic Soda (Sodium Hydroxide)

Contractor shall deliver bulk technical grade caustic soda 50% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 3: November 1, 2023 - October 31, 2024 FOB: Destination

NET AMT

0009 Ferric Chloride

Contractor shall deliver bulk technical grade ferric chloride in 32-45% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 3: November 1, 2023 - October 31, 2024 FOB: Destination

NET AMT

0010 Sodium Hypochlorite

Contractor shall deliver bulk technical grade sodium hypochlorite 12.5-15% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 4: November 1, 2024 - October 31, 2025 FOB: Destination

NET AMT

0011 Caustic Soda (Sodium Hydroxide)

Contractor shall deliver bulk technical grade caustic soda 50% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 4: November 1, 2024 - October 31, 2025 FOB: Destination

NET AMT

0012 Ferric Chloride

Contractor shall deliver bulk technical grade ferric chloride in 32-45% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 4: November 1, 2024 - October 31, 2025 FOB: Destination

NET AMT

0013 Sodium Hypochlorite

Contractor shall deliver bulk technical grade sodium hypochlorite 12.5-15% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 5: November 1, 2025 - October 31, 2026 FOB: Destination

NET AMT

0014 Caustic Soda (Sodium Hydroxide)

Contractor shall deliver bulk technical grade caustic soda 50% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 5: November 1, 2025 - October 31, 2026 FOB: Destination

NET AMT

0015 Ferric Chloride

Contractor shall deliver bulk technical grade ferric chloride in 32-45% solution to Fort McCoy, WI in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. POP Year 5: November 1, 2025 - October 31, 2026 FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-OCT-2022

DIRECTORATE OF PUBLIC WORKS

2171 SOUTH 8TH AVENUE

FORT MCCOY WI 54656

FOB: Destination

W5CCDQ

31-OCT-2022

W5CCDQ

31-OCT-2022

W5CCDQ

31-OCT-2023

W5CCDQ

31-OCT-2023

W5CCDQ

31-OCT-2023

W5CCDQ

31-OCT-2024

W5CCDQ

31-OCT-2024

W5CCDQ

31-OCT-2024

W5CCDQ

31-OCT-2025

W5CCDQ

31-OCT-2025

W5CCDQ

31-OCT-2025

W5CCDQ

31-OCT-2026

W5CCDQ

31-OCT-2026

W5CCDQ

31-OCT-2026

W5CCDQ

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-11 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.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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

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

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

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

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

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

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

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

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business 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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 stock of which is owned by one or more women; and whose management and daily business operations are…