W9124D-22-Q-0205 Solicitation Amendment_PPI Tshirts_19 Dec 2022.pdf

SEE ADDENDUM

(No Collect Calls)

W9124D22Q0205 16-Nov-2022

b. TELEPHONE NUMBER

502.624.7020

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 23 Dec 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.

W9124D9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NORAIDA C HUNSAKER

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

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MISSION AND INSTALLATION CONTRACTING CMD

MICC FORT KNOX

BLDG 1109B STE 250

199 6TH AVE

FORT KNOX KY 40121-5720

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 W56SKA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ACCESSIONS DISTRIBUTION CENTER

LORA BRADFORD

BLDG 210 9TH CAVALERY REGIMENT AVE.

FORT KNOX KY 40121

TEL: (502) 626-0981/0689 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

315120

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 OF55

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.

W9124D22Q0205

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS & ANSWERS

Questions (Q) and Answers (A) for Solicitation No. W9124D-22-Q-0205 Personal Promotion Items (PPI) T-Shirts

Q1. Are the total quantities of the first year for a one-time delivery or will full quantities be spread out over an entire year?

A1. Delivery quantities and schedules will be determined when delivery orders are issued against the awarded contract.

Q2. Color used is showing as black, yellow and white. Since the shirt is black, does black need to be printed or can the black shirt showing through fulfill the black area?

A2. The black portion of the logo must be printed.

Q3. Is there a specific model and brand of shirt that can be referenced or that has been used in prior years?

A3. There are no specific products required, however all T-Shirts must conform to the specifications set forth in the solicitation.

Q4. Will you accept the sample in any color? Is this a basic tee shirt with cover tape or cover stitch?

A4. Yes, Sample can be in any color. Cover Stitch.

Q5. Has this contract been fulfilled before, and if so, can you share the abstract of the last award with me so I can get an understanding of price range?

A5. Previous contract, Contract No. W9124D-19-D-0017, was awarded to Federal Prison Industries, Inc. in the amount of $14,504,000.00. No prior bid information is available.

Q6. We are an American company based out of Conroe (essentially Houston), Texas. Our partner who makes OEM garments is based out of Pakistan. This is the same manufacturer who creates products for Nike, Under Armour and many others. They are able to take an ingredients list and make shirts to your exact specification. Are we able to use this manufacturer for this contract?

A6. All supplies and materials must be sourced, and production performed in the US to be in compliance with the Berry Amendment per the Solicitation.

Q7. Are the items listed under the schedule the planned orders for each of the items? Or are these estimates of how many items are to be ordered during the contract?

A7. Estimated quantities in the solicitation are maximum expected quantities required. Delivery orders, based upon need, will be placed against the awarded contract but will not exceed the estimated quanties in the contract.

Q8. Are the items that have the “OPTION” tag under them requested additional rates, or anticipated orders?

A8. Option under the Contract Line Item Numbers (CLIN) denotes option ordering period beyond the base year.

Per the solicitation all periods including options must be priced or the quote will be deemed non-responsive to the solicitation.

Q9. How much lead time will be given on orders?

A9. Information provided in Question / Answer 1.

Q10. Section 52.216-4 Specifies this is a Firm Fixed Price contract. We do Federal Contract work for GPO, and usually when we see this verbiage we are given a Fixed Budget to work with. Is that the case here, or does this mean something else?

A10. Under a Firm-Fixed Priced (FFP) contract the price per unit is fixed at award. However, the unit quantities are determined when delivery orders are issued against awarded contract.

Q11. I noticed the various types of garments needed. If they are not attainable can you use a different type?

A11. All T-shirts shall meet the requirements set forth in the Specifications.

Q12. I noticed that your quantity can vary depending on demand. December 2022- December 2025?

A12. This is not a question.

Q13. How many line items are due this or next year?

A13. Information provided in Question / Answer 1.

Q14. Do you have a target price for the entire project?

A14. No

Q15. What is the lead time for each project?

A15. Information provided in Question / Answer1.

Q16. Will the promotional items be placed up front or as needed?

A16. Information provided in Question / Answer 1.

Q17. Is it mandatory to bid on the entire solicitation or can we bid on certain items?

A17. Information provided in Question / Answer 8.

Q18. With the demand for materials being high due to our current economy, will our company be locked into the price we quote?

A18. Information provided in Question / Answer 10.

Q19. Is there a section on the size and color, with other specifications?

A19. Sizes will be determined in the delivery orders. Specifications are included in the solicitation for each

CLIN.

Q20. Would a bid be accepted with a 4.5 ounce shirt?

A20. Information provided in Question / Answer 3.

Q21. Are we able to substitute made-in-America products for the same quality products not American-made if our manufacturer can not find American-made items due to the current supply chain?

A21. Information provided in Question / Answer 6.

Q22. Is there any reference price?

A22. No

Q23. Can you please provide your Commands Small Business Advocate Point of Contact?

A23. James Hurt, Small Business Professional can be reached at james.hurt.civ@army.mil

Q24. This requirement is listed as unrestricted in the solicitation. Was this requirement ever synopsized?

A24. Yes, the requirement was synopsized through SAM.gov. Notice ID 10-7-2022

Q25. The RFQ does not specify the lead-time for pre-award samples. As quotes will be submitted in writing, can offerors highlight shipping information as part of the submitted proposal? Provide tracking details upon shipment of samples to the Contracting Office highlighted points of contact?

A25. Yes, shipping information can be provided when the Quotation is submitted.

Q26. Will the contracting office answer all questions for all offers and make this information available to all interested parties through an Amendment to the solicitation? If not can, EFS Ebrex request a copy of all the questions from offerors?

A26. This amendment provides answers to all questions received from industry.

Q27. In reference to the Buy American Act and Berry Amendment does the material/fabric need to be manufactured in the United States or does the shirt it-self only need to be manufactured/assembled and screen printed in the United States?

A27 Information provided in Question / Answer 6.

Q28. Based on manufacturing restrictions due to COVID-19, the quantities in the solicitation that are set as maximums are very large. Understanding Delivery Orders will be executed once an award is made can your contract office provide historical examples of Delivery order sizes. Market conditions could be an issue with stock levels if all shirts are ordered at the same time.

A28 No historical information available.

Q29. What is the historical average lead-time when an order is executed from the contracting office? Can your office provide historical order sizes from the previous contract? Could you also provide the previous contract number?

A29. Information provided in Questions / Answer 1 and 28.

Q30. Starting on page 5, I see quantities on item numbers of 600k, 30k, etc. Is this the total number of shirts expected over the course of a 1 year period? Later in the document, I see quantity to be determined on delivery orders. Just want to be clear on the quantities I am bidding on. The bid will be looking for a per unit (tshirt) basis, correct?

A30. Information provided in Questions / Answer 1 and 7.

Q31. Will the t-shirt orders be broken down into multiple orders for each year? If so, is there a shipping schedule I can reference? Or will each design quantity be required to be sent out all at once? I ask because there isn't much material or companies in the USA that can cut and sew for such large quantities at one time. It would really help to know if DOD would want to break down the orders or if it will just be one big order each year. That way my subcontractor can know for certain that their shirts would be in stock and how they can complete them in time.

A31. Information provided in Question / Answer 1.

Q32. I have contacted all of my vendors and scoured the internet in search of the 5.2 ounce, 100% polyester micro fiber double knit permanent inherent moisture wicking t-shirt, with no pill, low shrinkage, and wrinkle resistance. The vendors have a 5.3, 5.0, and a 4.2; however, I have not been able to successfully secure that particular 5.2 weight required in the solicitation.

A32. Information provided in Question / Answer 3.

Section SF 1449 - CONTINUATION SHEET

SOLICITATION INSTRUCTIONS

Firm Fixed Price Requirements Type Contract (RTC) for delivery orders of PPI Tshirts for the US Army Accessions Directorate at Fort Knox, Kentucky for a base period of one (1) year and two (2) one-year option periods.

Offeror must comply with the Buy American Act and Berry Amendment for textile purchases.

In accordance with (IAW) DFARS 225.7002-1 and DFARS Clause 252.225-7012, this solicitation is subject to the Berry Amendment. Due to the procured items qualifying as textiles, this requirement is subject to and offerors shall be compliant with the Berry Amendment. The Berry Amendment restricts the Department of Defense (DoD) from procuring certain items that are not grown, produced, reprocessed or reused in the United States (U.S.). In order to be Berry Amendment compliant, ALL processing/manufacturing of this product, and its components, must be done in the United States and ALL of the material must be domestically sourced. The end items, components and materials must be wholly of U.S. origin. This requirement for domestic origin flows down through all tiers of suppliers. The prime contractor is responsible for verifying the source of all materials and components from proposed subcontractors or suppliers.

Accordingly, offerors MUST: (1) submit a list of proposed subcontractors or suppliers, including addresses, and

(2) provide an affirmative statement that the prime contractor has verified and confirms that all processing/manufacturing of the end item, including components, is done in the U.S and all materials are wholly of U.S. origin for this requirement.

OFFERORS ARE ADVISED THAT FAILURE TO SUBMIT A LIST OF PROPOSED

SUBCONTRACTORS OR SUPPLIERS OF ANY AND ALL COMPONENTS AND MATERIALS MAY

RESULT IN SUBMITTED QUOTE BEING CONSIDERED NONRESPONSIVE AND WILL NOT BE

CONSIDERED FOR AWARD.

NOTICE PERTAINING TO THE BERRY AMENDMENT. THE GOVERNMENT IS AGGRESSIVELY

PURSUING THE ENFORCEMENT OF THE BERRY AMENDMENT. AS A RESULT, PRODUCTS ARE

BEING MORE CLOSELY SCRUTINIZED PRIOR TO AWARD AND UPON DELIVERY TO ENSURE THAT

WHEN A DOMESTIC PRODUCT IS REQUIRED BY REGULATION, A DOMESTIC PRODUCT IS BEING

DELIVERED. CONTRACTORS WHO FALSELY VERIFY PRODUCTS AND THEN EITHER DELIVER

NONCOMPLIANT PRODUCT OR CLAIM TO HAVE THE INCORRECT PRODUCT JUST PRIOR TO THE

DELIVERY DUE DATE ARE BEING TERMINATED FOR CAUSE/DEFAULT AND CRIMINAL FRAUD

CHARGES ARE BEING FILED. CONTRACTORS MAY ALSO BE DEBARRED AND EXCLUDED FROM

FUTURE COMPETITION FOR GOVERNMENT CONTRACTS.

If requested, an offeror must provide confirmation of compliance with all applicable manufacturing requirements within 24 hours after notification by the contracting officer, Mission and Installation Contracting Command Center (MICCC) – Knox.

Offeror shall submit all unit prices to the whole penny; any fractions will be rounded to the next higher whole penny per unit for evaluation and award purposes.

OFFERORS SHALL COMPLETE THE FOLLOWING INFORMATION:

UNIQUE ENTITY ID: ___________________________

FED TAX ID#: _________________________________

CAGE CODE: _________________________________

POINT OF CONTACT: __________________________

PHONE NO: ___________________________________

FAX NO: _____________________________________

E-MAIL ADDRESS: ___________________________

Offerors Please Note:

1. All offerors shall be registered in the System for Award Management (SAM) to be eligible for award of a contract. Offerors shall ensure SAM registration is active prior to the response date of this solicitation. The official SAM website is https://www.sam.gov/portal/public/SAM/.

2.Offeror must submit any questions regarding this solicitation in writing to the Contracting office. Questions must be received by the contracting officer no later than close of business on 30 November 2022 to allow a written response prior to the quote due date. No remarks or written responses to questions by government personnel shall change or qualify any of the terms or conditions of this Request for Quote (RFQ). The solicitation can only be changed by a formal written amendment issued by Mission and Installation Contracting Command (MICC) – Fort Knox, Kentucky.

Questions concerning this RFQ shall be submitted to Noraida Hunsaker; Contract Specialist via email at noraida.c.hunsaker.civ@army.mil and Richard Stanforth; Contracting Officer at richard.a.stanforth.civ@army.mil.

3. All quotes shall include two (2) pre-award samples in order to verify technical compliance with specifications.

The pre-award samples are not required to include the Army custom imprinting. Any cost incurred by the offeror shall be at no expense to the Government.

The Samples shall be mailed to:

Mission and Installation Contracting Command Fort Knox Attention: Richard Stanforth, Contracting Officer 199 6th Ave, Ste 250 Fort Knox, KY 40121-5720

4. All quotes shall be submitted in writing to Noraida Hunsaker via email at noraida.c.hunsaker.civ@army.mil and

Richard Stanforth at richard.a.stanforth.civ@army.mil. Quote shall be submitted no later than 23 December 2022 at 12:00 PM (see Block 8 on the SF 1449 or the latest issued amendment).

5. BASIS OF AWARD. Award will be made in the aggregate to the lowest priced, responsive, responsible offeror.

Failure to submit a price on all items will render the quote non-responsive.

A. Quotes submitted on a basis other than F.O.B. destination will be rejected as non-responsive.

B. Offerors shall submit all unit prices to the whole penny; any fractions will be rounded to the next higher whole penny per unit for evaluation and award purposes. Should a discrepancy exist between the unit prices and extensions, unit price governs.

C. Failure to provide supplier listing to allow confirmation of domestic (U.S.) origin of end product, components and materials may render the quote non-responsive.

D. Offers must provide monthly and annual manufacturing capacity by Contract Line Item Number (CLIN).

6. All times stated reflects Fort Knox, KY Local/Eastern Time.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 600,000 Each T-shirts US Army

FFP

FOB: Destination

PSC CD: 8405

NET AMT

0002 30,000 Each T-shirts Reserve

FFP

0003 70,000 Each T-shirts ROTC

FFP

0004 100,000 Each T-shirts National Guard

FFP

1001 600,000 Each OPTION T-shirts US Army

FFP

1002 30,000 Each OPTION T-shirts Reserve

FFP

1003 70,000 Each OPTION T-shirts ROTC

FFP

1004 100,000 Each OPTION T-shirts National Guard

FFP

2001 600,000 Each OPTION T-shirts US Army

FFP

2002 30,000 Each OPTION T-shirts Reserve

FFP

2003 70,000 Each OPTION T-shirts ROTC

FFP

2004 100,000 Each OPTION T-shirts National Guard

FFP

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 21-DEC-2022 TO

20-DEC-2023

N/A ACCESSIONS DISTRIBUTION CENTER

LORA BRADFORD

BLDG 210 9TH CAVALERY REGIMENT

AVE.

FORT KNOX KY 40121

(502) 626-0981/0689

W56SKA

0002 POP 21-DEC-2022 TO

20-DEC-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 21-DEC-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 21-DEC-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 21-DEC-2023 TO

20-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 21-DEC-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 21-DEC-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 21-DEC-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 21-DEC-2024 TO

20-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 21-DEC-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 21-DEC-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 21-DEC-2024 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 52.204-13 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

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

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

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-2 Service Of Protest SEP 2006 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7017 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 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver two (2) units of each Item within 20 calendar days from the date of this contract to the Government at:

Mission and Installation Contracting Command Fort Knox Attention: Richard Stanforth, Contracting Officer 199 6th Ave, Ste 250 Fort Knox, KY 40121-5720

The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 10 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2022)

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

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

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1));

and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement…