W911SG-24-Q-0007.pdf

SEE ADDENDUM

( No Col lect Cal ls )

W911SG24Q0007 20-Nov-2023

b. TELEPHONE NUMBER

915-568-5150

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Nov 2023

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t . Use Only)

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911SG9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

HASAN WILLIAMS

2. CONTRACT NO. 3 . AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012046489

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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FORT BLI SS (919TH CBN)

111 PERSHING RD

FT BLISS TX 79916

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 WK4K6V 16. ADMINISTERED BY

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

0001 AR HQ DIV HQ AND HQ B

0001 AR HQ DIV HQ AND HQ B

BLDG 2527 CHAFFEE RD

FORT BLISS TX 79916- 6844

TEL: 915-568-2310 FAX:

FAX:

TEL: (915) 568-0163

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

532490

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG 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

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF27

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC 'D (YY/ MM/DD) 42d. TOTAL CONTAI NERS

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9 Days Fuel Truck

FFP

(1) One, 1,000 GAL Fuel Truck FOB: Destination

PURCHASE REQUEST NUMBER: 0012046489

PSC CD: W091

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 08-DEC-2023 TO

16-DEC-2023

N/A 0001 AR HQ DIV HQ AND HQ B

0001 AR HQ DIV HQ AND HQ B

BLDG 2527 CHAFFEE RD

FORT BLISS TX 79916-6844

915-568-2310 FOB: Destination

WK4K6V

PWS/SOW

STATEMENT OF WORK

Fuel Truck

NTC Railhead Operations Yermo, CA

December 2023

W911SG24Q0007

REQUIREMENT: FUEL TRUCK: The fuel truck must be capable of holding a minimum 1,000 Gallons of Ultra Low Sulfur Diesel (ULSD) fuel.

1.0 Maintenance.

1.1 Maintenance Recovery.

NOTE: The Government reserves the right to turn in equipment early by advanced notice of 24 hours to the Contractor. Advanced notice and subsequent early turn in shall be done at no additional expense to the Government. Only a warranted Contracting Officer may make changes to this contract that would cause the Contractor to increase work levels or costs.

2.0 SCOPE.

2.1 The Contractor shall provide a 1,000-Gallon fuel truck with Power Take Off or Power Transmission Operation (PTO) and have the ability to pump at least 20 Gallons of fuel per minute. The Fuel Truck must come with an automatic transmission and grounding lines. The Fuel Truck must have the capability for bottom loading and come with a “D1” adapter. The Fueling system must be bottom-FED.

Vehicle must conform to the Code of Federal Register (CFR) Chapter 40 § 205.55-4 Labeling-compliance.(a) (1) The manufacturer of any vehicle subject to the provisions of § 205.52 shall, at the time of manufacture, affix a permanent, legible label, of the type and in the manner described below, containing the information hereinafter provided, to all such vehicles to be distributed in commerce. The labels shall be affixed in such a manner that they cannot be removed without destroying or defacing them, and shall not be affixed to any equipment which is easily detached from such vehicle. (2) A label shall be permanently attached, in a readily visible position, in the operator's compartment. (3) Labels for vehicles not manufactured solely for use outside the United States shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label: (i) The label heading: Vehicle Noise Emission Control Information; (ii) Full corporate name and trademark of manufacturer; (iii) Month and year of manufacture; (iv) The statement:

This Vehicle Conforms to U.S. EPA Regulations for Noise Emission Applicable to Medium and Heavy. The following acts or the causing thereof by any person are prohibited by the Noise Control Act of 1972: (A) The removal or rendering inoperative, other than for purposes of maintenance, repair, or replacement, of any noise control device or element of design (listed in the owner's manual) incorporated into this vehicle in compliance with the Noise Control Act; (B) The use of this vehicle after such device or element of design has been removed or rendered inoperative.(b) Labels for vehicles manufactured solely for use outside the United States shall contain the words “For Export Only.” This is commonly known as the vehicle Identification Number (VIN).

The vehicle must also contain California’s EPA regulation sticker in accordance with the

U.S. EPA Regulations for Noise Emission Applicable to Medium and Heavy.

Vehicle must have an Emergency shut-off valve switch in accordance with CFR Chapter

49, § 178.338-11 Discharge control devices. (a) Excess-flow valves are not required. (b) Each liquid filling and liquid discharge line must be provided with a shut-off valve located as close to the tank as practicable. Unless this valve is manually operable at the valve, the line must also have a manual shut-off valve. (c) Except for a cargo tank that is used to transport argon, carbon dioxide, helium, krypton, neon, nitrogen, xenon, or mixtures thereof, each liquid filling and liquid discharge line must be provided with an on-vehicle remotely controlled self-closing shutoff valve. This includes, but is not limited to the refueling line and the discharge lines.

Vehicle must have an Automatic Transmission Fuel truck’s tank must have cargo tank inspection stickers.

Vehicle must have a Vehicle and Tank Data plate-4 each UN Fuel Placards on vehicle "No Smoking", "Flammable" and "Ultra Low Sulfur Diesel Fuel Only" SHALL be stenciled on truck and visible PTO switch Fuel flow meter Ground rod with cable or grounding reel to prevent static electricity Fuel Tank Measuring System Level Dipstick 50ft serviceable fuel dispensing hoses 20 Gallons Per Minutes Pump Spill kit with drip pan. A spill kit SHALL include the following items;

1) drip pan or bucket with a minimum of 5 gallons capacity,

2) granular based absorbent,

3) non-sparking shovel.

2 each 10-LB Fire Extinguishers/Serviceable with safety pin and current inspection tags Warning Triangles Automotive fuel nozzles

Must have Bottom Load Capabilities Minimum 1,000-Gallon Tank Fuel tank under the cab Manhole cover must have a serviceable gasket to prevent spillage and roll over protection valve.

Fill pipe - Each fill pipe must be designed and constructed to minimize the risk of fuel spillage during fueling operations and when the vehicle is involved in a crash. Each fill pipe must be fitted with a cap that fastened securely over the opening in the fill pipe.

Safety venting system. A liquid fuel tank with a capacity of more than 25 gallons of fuel must have a venting system which, in the event the tank is subjected to fire, will prevent internal tank pressure from rupturing the tank's body, seams, or bottom opening (if any).

Pressure resistance - The body and fittings of a liquid fuel tank with a capacity of more than 25 gallons of fuel must be capable of withstanding an internal hydrostatic pressure equal to 150 percent of the maximum internal pressure reached in the tank during the safety venting system test specified in paragraph (d)(1) of this section.

Air vent - Each fuel tank must be equipped with a non-spill air vent (such as a ball check). The air vent may be combined with the fill-pipe cap or safety vent, or it may be a separate unit installed on the fuel tank.

2.2 The Fuel Truck, tank and equipment must be in compliance with all applicable safety and environmental regulations. The contractor must label their equipment near the fuel tank with the wording “Diesel Fuel Only”. The Government will provide qualified drivers to operate the Fuel Truck. NO remanufactured or "gray market" items.

2.3 The equipment must withstand the rough high desert terrain of Fort Irwin. The equipment must withstand 70 mph wind gusts of the Fort Irwin high desert area. The Contractor shall provide necessary service and parts, equipment and maintenance necessary to assure proper and continuous, 24 hour, functioning of the equipment including weekends and holidays. The Contractor must acknowledge any repair call within two (2) hours. The Government will provide fuel for the duration of the contract. Delivery dates and times for each fuel truck is provided.

2.4 The Contractor shall be responsible for furnishing all materials, labor and equipment necessary to deliver, set-up, and maintain Fuel Truck as per the SOW, at the National Training Center (NTC), Fort Irwin, CA. Coordination for delivery must be done with the Contracting Officer’s Representative (COR).

2.5 The Fuel Truck service package will include: the fuel tank under the cab shall be full upon initial delivery and all necessary equipment essential to the Fuel Truck; however, the government will not be responsible for returning the equipment with full fuel tank The Government will not be responsible for returning equipment with a full tank of fuel or paying to refuel the equipment at the end of the Period of Performance (PoP). The Contractor shall respond to all maintenance calls within 6 hours and repair or replace the vehicle within 12 hours. All repairs or replacements for the leased equipment not completed within 12 hours will not be charged to the U.S. Government.

All equipment shall operate on Ultra Low Sulfur Diesel fuel and be capable of operating in rough terrain. All repairs and replacement costs are included in the price. Delivery/pick-up costs are included in the price.

2.6 If using Diesel Operated power, equipment must be compatible with ULSD fuel.

Government will provide ULSD fuel. The contractor shall label each piece of equipment next to the fuel tank with the wording “Diesel Fuel Only” IF APPLICABLE. Failure to label accordingly will invalidate contractor claims regarding use of incorrect fuel.

2.7 Pre-Inspection Requirements: The Contractor shall coordinate with the COR to assure all delivery confirmations prior to arrival. At time of delivery, the Contractor shall complete a joint pre-inspection with the COR verifying that items delivered are in the correct location and are operational in accordance with the contract requirements. Contractor must be present until these joint inspections are complete.

2.8 Post-Inspections Requirements: The Contractor shall complete a joint post-inspection with the COR verifying that items have been returned in as-delivered condition with only normal wear and tear. The Government will not be responsible for returning the equipment with full fuel tanks or paying to refuel the vehicles at the end of the PoP.

2.9 Inspection Sheets: All pre- and post-inspection/acceptance sheets must be provided to the

Contracting Officer (KO) and COR after joint completion by the COR and Contractor. Inspection sheets shall be signed and dated. Both parties’ names must be printed legibly and signed. Pre & Post-Inspection Sheets shall be hard copies only and not by Portable Electronic Device or Portable Handheld Device. The COR is not authorized to sign any electronic device that the vendor uses.

2.10 Emergency Services: The Contractor shall be available by phone to provide 24-hour emergency repair and/or replacement services for the leased equipment, including all weekends and holidays, at the Contractor’s expense. The Contractor shall provide emergency services within six (6) hours upon notification from the KO and repair or replace the vehicle within 12 hours. All repairs, replacement, delivery and pick-up costs not due to Government negligence shall be at no additional cost to the Government.

2.11 Contractor’s Representatives and Supervisors.

2.11.1 The Contractor shall have a company representative on call to respond to maintenance requests with full telephone coverage and authority to make decisions on behalf of the company.

The time starts for a required maintenance call when the Government calls or texts the company representative. The Contractor shall have functioning voicemail. Lack of receiving capabilities by the Contractor does not relieve contractor of liability for required timeframe to make equipment operational.

2.12 Claims.

2.12.1 If a claim is submitted, it will require the joint pre-and post- inspection/acceptance sheets to accompany the claim form. Both must be provided to the KO at the time of claim submission.

The pre-and post- inspection/acceptance sheets must be signed by the authorized receiving representative that is indicated in the contract. Inspection/acceptance sheets must be signed and dated. Both parties’ names must be printed legible and signed. In the event that the contractor is not available for a joint inspection, to include when the Government shortens the length of the PoP, the Government will conduct its inspection unilaterally and submit the inspection to the contractor as evidence that the Government’s PoP is complete. The Contractor shall adjust the invoice in accordance with the adjusted PoP.

2.12.2 If a claim is submitted without the pre-and post-inspection/acceptance sheets, the claim is subject to be denied.

The Contractor claim must include the following information:

Item Description

VIN/Serial Number

Full Damage Description to include date

Repair and Material Cost Government

Representative

3.0 TERMS.

3.1 Delivery Instructions.

3.1.1 Delivery must be made at the agreed upon time by the Government between the hours of 0800-1200 on the first day of the period of performance. All set up must be complete and equipment ready for use at that time.

3.1.2 The Contractor shall coordinate with the Government Representative at each site to assure placement at correct locations. At time of delivery, the contractor shall complete a joint pre-inspection with the Government Representative verifying that items have been delivered, are in the correct location, and are operational in accordance with the contract. The contractor shall also provide a pre-post inspection sheet. The Contractor must stand by until these inspections are complete. Items may require relocation within the same general area. Unit may or may not relocate as required. If items cannot be relocated by unit, then the Contractor is responsible for relocating items within the same general area.

NOTE: Increased security may delay contractor’s delivery time. It is the Contractors’ responsibility to plan and prepare prior to the beginning of the period of performance to gain access to the installation.

3.2 Removal of Equipment.

3.2.1 The Contractor shall remove all contracted/leased equipment from the specified locations within 48 hours after the period of performance ends. Should contracted/leased equipment remain in place beyond 48 hours or after the post-inspection (whichever comes first), the Government is not liable for usage, theft, loss, damages, or replacement cost due to contractor's failure to take possession of owned items. Failure to pick up equipment can also result in a bar from Fort Irwin and/or Government Contracts. If for some reason the contractor is unable to pick-up the equipment, the contractor shall notify the Contracting Specialist (KS) and KO in writing of when equipment will be removed.

3.2.2 All pre- and post-inspection/acceptance sheets must be provided to the KS and/or KO.

4.0 FUEL

4.1 All internal combustion equipment supplied under this contract must operate on IAW California Code of Regulations Title 13, Section 2477, Airborne Toxic Control Measure for In-Use Diesel-Fueled Transportation Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate.

4.2 It is the responsibility of the Government to provide Low Sulfur Diesel Fuel to the leased equipment.

4.4 The Contractor shall label their equipment near the fuel tank with the wording “Diesel Fuel Only.” Failure to label accordingly will invalidate contractor claims regarding use of incorrect fuel.

4.5 QUALITY ASSURENCE: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

4.5.1 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

4.6 HOURS OF OPERATION: The Contractor is responsible for conducting business, between the hours of 8:00 a.m. through 5:00 p.m., Pacific Standard Time. The Contractor shall plan to operate uninterrupted, including holidays and weekends during the established period of performance, and must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed.

4.7 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed in the NTC footprint located on Yermo, CA.

Locations and period of performance:

LOCATION GRID TYPE QUANTITY START END

YERMO NU 11262

61875

1000 GLN Fuel Truck

1 08 DEC 23 16 DEC 23

5.0 TYPE OF CONTRACT: The Government will award a Fixed-Firm-Price contract.

5.1 RESERVE

5.2 POST AWARD CONFERENCE: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the Contractor's performance. At these meetings, the KO will apprise the contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

5.3 CONTRACTING OFFICERS’S REPRESENTATIVE (COR):

Contracting Officer’s Representative:

Name: Kiana Chipman Email: kiana.e.chipman.mil@army.mil Phone: 915-744-7944

5.4 KEY PERSONNEL: The Contractor shall provide a Point of Contact (POC) who shall be responsible for the delivery of all equipment. The name of this person and an alternate who shall act for the contractor in the absent of the primary. The POC or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The POC or alternate shall be available between 8:00 a.m. to 5:00 p.m., Monday thru Sunday to include Federal holidays except when the government facility is closed for administrative reasons.

5.5 IDENTIFICATION OF CONTRACTOR EMPLOYEES: All contract personnel attending meetings are required to identify themselves.

CLAUSES INCORPORATED BY REFERENCE

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 52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020 52.208-4 Vehicle Lease Payments APR 1984 52.208-5 Condition of Leased Vehicles APR 1984 52.208-6 Marking of Leased Vehicles APR 1984 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services SEP 2023 General Instructions:

Quote Submitted: This is a Request for Quote (RFQ) competed IAW FAR PART 13, Simplified Procedures for Certain Commercial Items; FAR PART 12, Commercial Items.

All offerors shall submit their quotations using the requested contract line item (CLIN) structure to the email address stated herein by the date and time specified herein. The offer shall include the name, address, and telephone number, unit price, an overall total price, description of service being offered in sufficient detail to evaluate compliance with the requirements in the solicitation and the PWS, any discount terms, cage code, Unique Identity ID (UEID), size of business, taxpayer ID number, and acknowledgement of solicitation amendments. Quotations must be received no later than the solicitation closing date and time listed on the solicitation. The Offeror is responsible for verifying that their quotation package was received before the solicitation closing date and time. Only e-mail submissions will be accepted. Quotes shall be valid for a minimum of 60 calendar days. The Closing Date and time for this Solicitation is 30 November 2023, at 10:00 am MST. The Offeror shall submit electronic copies of their quotation package via email with the subject line W911SG-24-Q-0007, to the following points of contacts: Contracting Specialist: SSG Hasan Williams at: hasan.j.williams.mil@army.mil; and Contracting Officer: MAJ Alan Lambert at:

alan.r.lambert4.mil@army.mil. Quotation received after this date and time will be considerate late in accordance with FAR 52.212-1(f) and will be not evaluated.

Offerors should mark each page of their quote as "Proprietary Information" if they want it treated as Proprietary Information under the Procurement Integrity Act.

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Request for Information (RFI): The Contractor shall submit all questions and concerns in writing via email.

Questions shall be emailed to: hasan.j.williams.mil@army.mil and alan.r.lambert4.mil@army.mil no later than 24 November 2023, at 10:00 am MST. The body of the email shall be numbered per question and contain questions in a clear and concise manner with specific reference to the page number and section of the solicitation, if applicable.

All questions will be consolidated and answered on one document. Questions and answers will be available in the form of an amendment to the solicitation. The Government is not obligated to award a contract because of this notice, nor does it obligate the Government to pay for any offer preparation costs.

SAM Registration: In accordance with the FAR 4.1102(a) Policy, offerors are required to be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirement. The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation Unique Entity Identifier (UEID) followed by the unique entity identifier that identifies the Offeror's name and address. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one.

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

CLAUSES INCORPORATED BY REFERENCE

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

NOV 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

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 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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

Price Evaluation, The total evaluated price shall be the sum of all CLIN prices listed in SF 1449.

(b) 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.

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 Evaluation - Commercial Items NOV 2021 The provision at 52.212-2, Evaluation—Commercial Products and Commercial Services applies to this acquisition.

The Government will award a Firm Fixed Price (FFP) resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government according to FAR Part 12 and FAR Part 13, price and other factors considered. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standard for non-cost factors. Non-cost factors are: Technical Acceptable. The following factors shall be used to evaluate offers: (a) Technically ability to perform to the standards of the Performance Work Statement, (b) Lowest evaluated price.

Technical Acceptable: The contractor’s quote must demonstrate its ability and understanding in performing the requirements of the Performance Work Statement (PWS). Merely restating the requirement of the PWS does not demonstrate the contractor’s technical ability and understanding of the PWS and will be evaluated as such. In order to be considered for further evaluation, an Offeror must first be determined acceptable in the Technical factor. If an offer cannot comply with every requirement, that offer will not be technically acceptable.

Technical Acceptable and Unacceptable Ratings

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not meet the minimum requirements of the solicitation.

Price: The offeror shall complete the CLIN pricing of this solicitation. The offeror’s price will be evaluated for award purposes by adding the total price for base year. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the Offeror’s quote. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. NOTE: As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217- 8 - Option to Extend Services) by adding one-half of the Offeror’s base period price to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of evaluation will include the base period only. Offerors are required only to price the base period. Offerors shall not submit a price for the potential one-half year extension of services period.

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). The Government intends to evaluate offers and make award without discussions; however, this does not preclude the Government from having discussions if it is in the best interest of the Government to do so. 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.

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004s) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

XX (10) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (12) [Reserved]

____ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (15) [Reserved]

XX (16)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (17)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

(19)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (20) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (21) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (24) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (25) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (28) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (29) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (30) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (31) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (32)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (33)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (34)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (35) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (37)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (38) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (39)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (42)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (43)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (45)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (47) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (48) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (49)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (50) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (51)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.