W911SA22Q1001 Solicitation.pdf
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- Delivery of Ready Mix Concrete to Fort McCoy, WI
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SEE ADDENDUM
(No Collect Calls)
W911SA22Q1001 01-Mar-2022
b. TELEPHONE NUMBER
(608) 388-7131
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 01 Apr 2022
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W911SA9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MISTY S. BRANAM
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011712657-0001
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
MICC - FT MCCOY
BLDG 1108 SOUTH R ST
FORT MCCOY WI 54656-5153
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 W81TMH 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FORT MCCOY
FORT MCCOY
2171 8TH AVENUE
FORT MCCOY WI 54656
TEL: FAX:
(608) 388-3798FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
327320
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 OF79
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.
W911SA22Q1001
Section SF 1449 - CONTINUATION SHEET
SUPPLEMENTAL INFORMATION
1. Request for Quote (RFQ) for the delivery of ready mix concrete 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 May 2022 through 30 April 2027 (or subsequent date).
2. This procurement is 100% small business, under the NAICS Code 327320 with a size standard of 500 Employees.
3. 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.
4. 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.
5. The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.
6. This will be a single award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.
The minimum guarantee for the first year is the following:
CLIN Qty
0001 50 0005 5
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.
7. Quotes can be submitted in the following way:
-via email to misty.s.branam.civ@army.mil
8. 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 BUT NO LESS
THAN THROUGH CLOSE OF BUSINESS THE date of performance start.
9. Written questions must be furnished to the Government no later than 11 March 2022 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.
10. Functional POC: To be determined at the time of award (TBD)
11. Contract Administrator: TBD at time of award. If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance.
Requesting contract administration assistance from any other individual could result in a delayed response.
12. Contracting Officer: TBD at time of award.
13. Ordering Officer: TBD at time of award.
Work required under this contract shall be ordered by issuance of delivery orders by designated Government activities. The activity shown in block 9 of the SF 1449 is authorized to issue delivery orders.
ORDERING OFFICIAL/OFFICER
There will be a designated Ordering Official under this contract, authorized to make purchases up to their designated authority of $25,000, per single known requirement, against this IDIQ contract.
Orders under this threshold will not be issued on an individual Delivery Order FORM 1449, however, all requirements of the contract award, and all policies and procedures will be applicable to orders by the designated official.
Prices and Salient Features for the project will still require agreement/approval by the ordering official.
The ordering officials will administer and be the main POC for all orders placed under their authority.
The names and contact information for these individuals will be included in the resultant contract.
The following describes the procedures to be used for ordering items under this contract by using the Federal Government-wide purchase card. This option to order by use of the Government-wide purchase card is strictly an alternative method of ordering by the Government and may be used in place of ordering by other order forms that comply with FAR 12.204. The Government reserves the right to unilaterally terminate the use of the credit card at any time.
All ordering officers may use the Government-wide purchase card, commonly referred to as the
Government "credit card," as an alternative method of ordering and paying for purchases made under this contract. Purchase card orders are subject to all terms and conditions of this contract, unless otherwise stated in this provision or another provision or clause in this contract.
The purchase card is specifically designed for use by the Federal Government. The purchase card is like a typical commercial credit card. However, the authorization limitations of the purchase card are more specific, i.e., only for a particular contract, monthly limitations, certain categories of products or services, etc. The purchase card will be exclusively used for official Government purchases in accordance with the prices, terms, and conditions of this contract. The purchase card order limitation shall be $25,000. With respect to ordering authority, only designated Ordering Officers may use the purchase card as a means of purchasing items on this contract.
Credit limits for the purchase card for ordering officers is $25,000. These credit limits for the purchase card are the responsibility of the credit card holder and the approving office.
The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.
Invoices for orders placed by the ordering officer will be submitted directly to the ordering officer.
However, use of WAWF to create and accept receiving reports is mandatory when the GPC is used as a method of payment against a contract. In order to ensure proper routing of contract transactions paid with the GPC, use the code "CRCARD" in the Pay Official/DoDAAC field. The contractor is required to generate a receiving report in WAWF, and the Government acceptor is required to accept the receiving report in WAWF. The Cardholder is required to verify that acceptance has occurred in WAWF prior to submitting the invoice to the Certifying Official for certification.
14. 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.
15. A DUNS number is required for SAM registration. If your company does not have a DUNS#, obtain one by calling 800-333-0505.
16. DUNS NUMBER ______________________________.
17. TAXPAYER ID #______________________________.
18. 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.
a. A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.
b. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 327320 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.
c. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 327320 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.
19. 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.
20. 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
21. 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 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/item specifications, and can be compared to the salient features listed 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.
ADJECTIVAL RATING DEFINITION
Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.
Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation. Note:
A final rating of Unacceptable is ineligible for award.
Not Applicable (N/A) Not applicable to this requirement or cannot be verified until after award, at time of check-in.
TECHNICAL CRITERIA A or U The offeror meets the minimum salient features outlined in the SOW of all items being procured.
PRICE FACTOR:
Submission Instructions – Offerors shall submit a fully completed SF 1449, Pricing Schedule, or acceptable alternative as identified elsewhere in the RFQ. Government per Diem will be adhered to for rooms and meals provided by the contractor. http://www.defensetravel.dod.mil/site/perdiem.cfm
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's quoted price is fair and reasonable. The Government may determine that a quote 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 places.
22. 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.
23. 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.
24. 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.
25. ATTACHMENTS:
Attachment 1: AT OPSEC
STATEMENT OF WORK
Ready-Mix Concrete for Troop Projects Directorate of Public Works
Fort McCoy, WI
1. BACKGROUND: The Directorate of Public Works (DPW), Troops Projects Branch, at Fort McCoy, WI facilitates troop project training. The Troop Project Program has plans to complete concrete projects, acquiring material using an Indefinite Quantity/Indefinite Delivery (IDIQ) contract. The materials listed in the solicitation and resultant contract are the materials that may be required and ordered on this contract. Concrete may be purchased to be placed as part of the DPW Self Help Program.
2. LOCATION: The delivery area is Fort McCoy, WI, located between Sparta and Tomah, WI on State Highway 21, with projects that may be located throughout the installation, which is 60,000 acres, with boundary distances approximately 20 miles north to south and 7 miles east to west.
3. SCOPE/DESCRIPTION OF WORK: Contractor shall provide non-personal service to provide all labor, transportation, equipment, materials, supervision and other items or services necessary to supply and deliver ready mix concrete. Work under this contract shall include the delivery of ready-mix concrete to various job locations on Fort McCoy. Concrete may contain additives as identified in the solicitation and resultant contract. Delivered concrete will meet commercial American Society of Testing and Materials (ASTM) C94 Standard Specification for Ready-Mix Concrete.
3.1 The contractor shall provide:
a. Ready-mix concrete as ordered, to include any additional additives requested, as specified in individual CLINs.
b. Delivery of concrete ordered.
c. Load tickets for all deliveries.
3.2 The contractor will have a minimum of 24 hours’ notice to provide material after requested in writing by an authorized government representative. A 48 hour notice will be given for deliveries required on Sunday or for projects requiring more than 27 cubic yards of concrete.
3.3 The contractor is permitted to rinse the delivery truck concrete chute in an appropriate area as indicated by the onsite project manager. Discharge of concrete or rinse water into storm water basins, swales, or collections systems is prohibited.
3.4 Concrete shall be delivered to the worksite within 1 hour of production.
3.5 The government reserves the right to refuse delivery of any product that does not meet ASTM C94 Standard Specification for Ready-Mix Concrete, or concrete delivered to the jobsite more than 1 hour after production.
3.6 Winter deliveries may be required.
3.7 Sunday deliveries may be required. In the event a Sunday delivery is required, the Contractor shall be given 48 hours’ notice.
4. SECURITY: Vendor shall provide physical security for the materials and work under their control.
5. CODES: Vendor shall comply with current manufacture, Occupational Safety and Health Administration, Labor Department and Wisconsin codes, laws, and regulations as applicable to this statement of work.
6. PERMITS: Vendor shall possess or obtain all licensure and permits necessary to accomplish this statement of work.
7. WASTE AND DISPOSAL: Vendor shall be responsible for removal and disposal of all waste as a result of this contract work. Vendor shall leave work area in the same condition as when they arrive.
8. FIRE PREVENTION AND PROTECTION: Vendor shall comply strictly with all installation fire regulations.
9. FACILITIES DAMAGE: Vendor shall be responsible for any damage to the facility caused by their personnel and repair said damages to the satisfaction of the Contracting Officer at no expense to the Government, in accordance with terms and clauses of the contract.
10. COORDINATING AND SCHEDULING: Once a delivery is ordered, the contractor will be given contact information for personnel receiving the order. The contractor shall use the contact information and make notification when delivery is in route, to minimize Contractor’s delay. Notification of delivery shall be made prior to, or immediately after, the contractor leaves their facility, to allow for proper delivery coordination.
11. WORKING HOURS: On-site work will normally be accomplished between 0700 - 1600 hours Monday through Saturday, excluding Federal holidays. Work performed outside of these hours shall be coordinated between the Government and the vendor.
12. SAFETY: On-site staff shall comply with safety requirements as they pertain to work being accomplished.
13. PROTECTION OF PERSONS AND PROPERTY: Vendor shall be responsible for providing all personal protection equipment for their employees and ensuring that it is worn when it is needed.
14. UTILITIES: There will be no utilities needed for delivery.
15. FINAL INSPECTION: All material delivered must meet specifications. Material will be inspected by the designated government representative. Load ticket for all deliveries will be provided to the designated government representative.
16. EXTENT OF OBLIGATION: The estimated quantities shown in the solicitation and resultant contract do not represent a commitment by the Government to purchase those quantities or any other quantities beyond the guaranteed minimum. The actual amount of material to be delivered will be determined as required. Individual orders will be issued by authorized personnel as needed. Material will be delivered to the job site on Fort McCoy as indicated by personnel authorized to place orders. The only work authorized under this contract will be that which is performed upon receipt of an order not to exceed the maximum quantities stated in the solicitation and resultant contract.
17. POINTS OF CONTACT: Upon award of the contract, the contractor will be furnished with appointments of personnel authorized to place orders other than the Contracting Officer.
18. PRICING: Prices quoted for material are firm fixed prices.
19. DELIVERY TICKETS: At the time ready-mix concrete is delivered, a delivery ticket shall be provided and signed by the worksite designated government representative (DGR). The DGR will turn the signed delivery ticket(s) into the contract Point of Contact (POC).
20. INVOICE: In accordance with individual delivery orders and contract clauses.
21. SHIP TO: As specified in each Delivery Order or Ordering Officer Order.
22. DISCOUNT TERMS: As stated on individual invoices.
23. PAYMENTS: Payments will be made, in accordance with the solicitation and resultant contract.
24. COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS: In performing work under this agreement, the Contractor shall comply with all relevant federal, state and local statutes, ordinances, laws and regulations.
25. PROVISIONS ON CONTRACTING OFFICERS AUTHORITY: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this agreement, said authority remains solely with the Contracting Officer. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 250 Yard
3000-5000 PSI PORT CEM CONCRETE
FFP
CLIN 0001: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 1: May 1, 2022 - April 30, 2023 FOB: Destination
PURCHASE REQUEST NUMBER: 0011712657-0001
PSC CD: 5610
NET AMT
0002 150 Yard 3000-5000 PSI PCC w/FIBER MESH ADD
FFP
CLIN 0002: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Fiber Mesh Additive (1 1/2 lbs per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 1:
May 1, 2022 - April 30, 2023 FOB: Destination
0003 20 Yard 3000-5000 PSI PCC w/CALC CHLOR ADD
FFP
CLIN 0003: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Calcium Chloride Additive (1/2% per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 1: May 1, 2022 - April 30, 2023 FOB: Destination
0004 20 Yard 3000-5000 PSI PCC w/SET RETARDANT ADD
FFP
CLIN 0004: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Set Retardant Additive (1-3 oz per hnd wt), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 1: May 1, 2022 - April 30, 2023 FOB: Destination
0005 70 Each
FUEL CHARGE PER DELIVERY
FFP
CLIN 0005: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0001-0004, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Fuel Charge will be per delivery made and will be in addition to one of the CLINs 0001-0004; one truck load constitutes one delivery. Ordering Period 1: May 1, 2022 - April 30, 2023 FOB: Destination
0006 20 Each
SHORT LOAD CHARGE < 3 YDS
FFP
CLIN 0006: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0001-0004, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Short Load Charge will be per delivery made that is less than 3 yards in a load and will be in addition to one of the CLINs 0001- 0004 and CLIN 0005. Ordering Period 1: May 1, 2022 - April 30, 2023 FOB: Destination
0007 10 Each
SUNDAY DELIVERY PER TRUCK LOAD
FFP
CLIN 0007: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0001-0004, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Sunday Delivery will be per delivery made on a Sunday and will be in addition to one of the CLINs 0001-0004 and CLIN 0005;
One truck load constitutes one delivery. Ordering Period 1: May 1, 2022 - April 30, FOB: Destination
0008 250 Yard
3000-5000 PSI PORT CEM CONCRETE
FFP
CLIN 0008: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC), IAW the Statement of Work and terms and conditions of the solicitation and resultant contract. Ordering Period 2: May 1, 2023 - April 30, 2024 FOB: Destination
0009 150 Yard 3000-5000 PSI PCC w/FIBER MESH ADD
FFP
CLIN 0009: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Fiber Mesh Additive (1 1/2 lbs per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 2:
May 1, 2023 - April 30, 2024 FOB: Destination
0010 20 Yard 3000-5000 PSI PCC w/CALC CHLOR ADD
FFP
CLIN 0010: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Calcium Chloride Additive (1/2% per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 2: May 1, 2023 - April 30, 2024 FOB: Destination
0011 20 Yard 3000-5000 PSI PCC w/SET RETARDANT ADD
FFP
CLIN 0011: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Set Retardant Additive (1-3 oz per hnd wt), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 2: May 1, 2023 - April 30, 2024 FOB: Destination
0012 70 Each
FUEL CHARGE PER DELIVERY
FFP
CLIN 0012: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0008-0011, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Fuel Charge will be per delivery made and will be in addition to one of the CLINs 0008-0011; one truck load constitutes one delivery. Ordering Period 2: May 1, 2023 - April 30, 2024 FOB: Destination
0013 20 Each
SHORT LOAD CHARGE < 3 YDS
FFP
CLIN 0013: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0008-0011, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Short Load Charge will be per delivery made that is less than 3 yards in a load and will be in addition to one of the CLINs 0008- 0011 and CLIN 0012. Ordering Period 2: May 1, 2023 - April 30, 2024 FOB: Destination
0014 10 Each
SUNDAY DELIVERY PER TRUCK LOAD
FFP
CLIN 0014: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0008-0011, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Sunday Delivery will be per delivery made on a Sunday and will be in addition to one of the CLINs 0008-0011 and CLIN 0012;
one truck load constitutes one delivery. Ordering Period 2: May 1, 2023 - April 30, FOB: Destination
0015 250 Yard
3000-5000 PSI PORT CEM CONCRETE
FFP
CLIN 0015: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC), IAW the Statement of Work and terms and conditions of the solicitation and resultant contract. Ordering Period 3: May 1, 2024 - April 30, 2025 FOB: Destination
0016 150 Yard 3000-5000 PSI PCC w/FIBER MESH ADD
FFP
CLIN 0016: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Fiber Mesh Additive (1 1/2 lbs per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 3:
May 1, 2024 - April 30, 2025 FOB: Destination
0017 20 Yard 3000-5000 PSI PCC w/CALC CHLOR ADD
FFP
CLIN 0017: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Calcium Chloride Additive (1/2% per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 3: May 1, 2024 - April 30, 2025 FOB: Destination
0018 20 Yard 3000-5000 PSI PCC w/SET RETARDANT ADD
FFP
CLIN 0018: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Set Retardant Additive (1-3 oz per hnd wt), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 3: May 1, 2024 - April 30, 2025 FOB: Destination
0019 70 Each
FUEL CHARGE PER DELIVERY
FFP
CLIN 0019: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0015-0018, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Fuel Charge will be per delivery made and will be in addition to one of the CLINs 0015-0018; one truck load constitutes one delivery. Ordering Period 3: May 1, 2024 - April 30, 2025 FOB: Destination
0020 20 Each
SHORT LOAD CHARGE < 3 YDS
FFP
CLIN 0020: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0015-0018, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Short Load Charge will be per delivery made that is less than 3 yards in a load and will be in addition to one of the CLINs 0015- 0018 and CLIN 0019. Ordering Period 3: May 1, 2024 - April 30, 2025 FOB: Destination
0021 10 Each
SUNDAY DELIVERY PER TRUCK LOAD
FFP
CLIN 0021: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0015-0018, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Sunday Delivery will be per delivery made on a Sunday and will be in addition to one of the CLINs 0015-0018 and CLIN 0019;
one truck load constitutes one delivery. Ordering Period 3: May 1, 2024 - April 30, FOB: Destination
0022 250 Yard
3000-5000 PSI PORT CEM CONCRETE
FFP
CLIN 0022: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC), IAW the Statement of Work and terms and conditions of the solicitation and resultant contract. Ordering Period 4: May 1, 2025 - April 30, 2026 FOB: Destination
0023 150 Yard 3000-5000 PSI PCC w/FIBER MESH ADD
FFP
CLIN 0023: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Fiber Mesh Additive (1 1/2 lbs per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 4:
May 1, 2025 - April 30, 2026 FOB: Destination
0024 20 Yard 3000-5000 PSI PCC w/CALC CHLOR ADD
FFP
CLIN 0024: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Calcium Chloride Additive (1/2% per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 4: May 1, 2025 - April 30, 2026 FOB: Destination
0025 20 Yard 3000-5000 PSI PCC w/SET RETARDANT ADD
FFP
CLIN 0025: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Set Retardant Additive (1-3 oz per hnd wt), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 4: May 1, 2025 - April 30, 2026 FOB: Destination
0026 70 Each
FUEL CHARGE PER DELIVERY
FFP
CLIN 0026: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0022-0025, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Fuel Charge will be per delivery made and will be in addition to one of the CLINs 0022-0025; one truck load constitutes one delivery. Ordering Period 4: May 1, 2025 - April 30, 2026 FOB: Destination
0027 20 Each
SHORT LOAD CHARGE < 3 YDS
FFP
CLIN 0027: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0022-0025, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Short Load Charge will be per delivery made that is less than 3 yards in a load and will be in addition to one of the CLINs 0022- 0025 and CLIN 0026. Ordering Period 4: May 1, 2025 - April 30, 2026 FOB: Destination
0028 10 Each
SUNDAY DELIVERY PER TRUCK LOAD
FFP
CLIN 0028: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0022-0025, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Sunday Delivery will be per delivery made on a Sunday and will be in addition to one of the CLINs 0022-0025 and CLIN 0026;
one truck load constitutes one delivery. Ordering Period 4: May 1, 2025 - April 30, FOB: Destination
0029 250 Yard
3000-5000 PSI PORT CEM CONCRETE
FFP
CLIN 0029: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC), in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. Ordering Period 5: May 1, 2026 - April 30, 2027 FOB: Destination
0030 150 Yard 3000-5000 PSI PCC w/FIBER MESH ADD
FFP
CLIN 0030: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Fiber Mesh Additive (1 1/2 lbs per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 5:
May 1, 2026 - April 30, 2027 FOB: Destination
0031 20 Yard 3000-5000 PSI PCC w/CALC CHLOR ADD
FFP
CLIN 0031: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Calcium Chloride Additive (1/2% per yard), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 5: May 1, 2026 - April 30, 2027 FOB: Destination
0032 20 Yard 3000-5000 PSI PCC w/SET RETARDANT ADD
FFP
CLIN 0032: Contractor shall deliver 3000-5000 PSI Portland Cement Concrete (PCC) with Set Retardant Additive (1-3 oz per hnd wt), IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Ordering Period 5: May 1, 2026 - April 30, 2027 FOB: Destination
0033 70 Each
FUEL CHARGE PER DELIVERY
FFP
CLIN 0033: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0029-0032, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Fuel Charge will be per delivery made and will be in addition to one of the CLINs 0029-0032; one truck load constitutes one delivery. Ordering Period 5: May 1, 2026 - April 30, 2027 FOB: Destination
0034 20 Each
SHORT LOAD CHARGE < 3 YDS
FFP
CLIN 0034: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0029-0032, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Short Load Charge will be per delivery made that is less than 3 yards in a load and will be in addition to one of the CLINs 0029- 0032 and CLIN 0033. Ordering Period 5: May 1, 2026 - April 30, 2027 FOB: Destination
0035 10 Each
SUNDAY DELIVERY PER TRUCK LOAD
FFP
CLIN 0035: Contractor shall deliver 3000-5000 PSI PCC from CLINs 0029-0032, IAW the Statement of Work, terms and conditions of the solicitation and resultant contract. Payment for this CLIN for Sunday Delivery will be per delivery made on a Sunday and will be in addition to one of the CLINs 0029-0032 and CLIN 0033;
one truck load constitutes one delivery. Ordering Period 5: May 1, 2026 - April 30, FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government
0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government 0032 Destination Government Destination Government 0033 Destination Government Destination Government 0034 Destination Government Destination Government 0035 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAY-2022 TO
30-APR-2023
N/A FORT MCCOY
FORT MCCOY
2171 8TH AVENUE
FORT MCCOY WI 54656
FOB: Destination
W81TMH
0002 POP 01-MAY-2022 TO
30-APR-2023
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-MAY-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-MAY-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-MAY-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-MAY-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-MAY-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-MAY-2023 TO
30-APR-2024
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-MAY-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-MAY-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0011 POP 01-MAY-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0012 POP 01-MAY-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0013 POP 01-MAY-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0014 POP 01-MAY-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0015 POP 01-MAY-2024 TO
30-APR-2025
N/A (SAME AS PREVIOUS LOCATION)
0016 POP 01-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0017 POP 01-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0018 POP 01-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0019 POP 01-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0020 POP 01-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0021 POP 01-MAY-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0022 POP 01-MAY-2025 TO
30-APR-2026
N/A (SAME AS PREVIOUS LOCATION)
0023 POP 01-MAY-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0024 POP 01-MAY-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0025 POP 01-MAY-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0026 POP 01-MAY-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0027 POP 01-MAY-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0028 POP 01-MAY-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0029 POP 01-MAY-2026 TO
30-APR-2027
N/A (SAME AS PREVIOUS LOCATION)
0030 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
0031 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
0032 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
0033 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
0034 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
0035 POP 01-MAY-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
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 52.204-13 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
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
DEC 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2021
52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2021
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
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
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a
Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.
(Deviation 2021-O0003)
APR 2021
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 JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
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 Products and Commercial Services. 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…
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