W912PF24Q0134_20240808.pdf

SEE ADDENDUM

(No Collect Calls)

W912PF24Q0134 08-Aug-2024

b. TELEPHONE NUMBER

+39-0444-713917

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 26 Aug 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROBERT SCHIAVON

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012163063

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

414TH CSB: PARC AFRICA

ATTN: ROBERTO SCHIAVON

VIA DELLA PACE #197

VICENZA (VI) 36100

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 W582RR 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W6E7 USAG ITALY

W6E7 USAG ITALY

CASERMA EDERLE BLDG 0946

VIA PRA SPINEO

VICENZA 36040

TEL: 49-611-435-374-3 FAX:

+39-0444-381280FAX:

TEL: +39-0444-713920 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333120

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF30

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.

W912PF24Q0134

Section SF 1449 - CONTINUATION SHEET

COMBINED SYNOPSIS/SOLICITATION

This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. The Government is releasing this combined synopsis/solicitation electronically via www.sam.gov only. The solicitation number is W912PF24Q0134 and this solicitation is issued as a Request for Quote (RFQ). The resultant order will be Firm Fixed Price (FFP). The solicitation incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06. The North American Industry Classification System (NAICS) code assigned to this project is 333120 - Construction Machinery Manufacturing. This requirement is not set-aside for small business. The solicitation includes 1 Line Item (ITEM). This is a “Brand Name” only effort for purchase of brand new Mecalac 136MRAIL railroad excavator with required accessories, including delivery and training, the requested items are Brand Name only, any quote other than Brand name only will be rejected.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each 136MRAIL railroad excavator

FFP

Purchase of brand new Mecalac 136MRAIL railroad excavator with required accessories, including shipping costs and training. Delivery and training at Caserma Ederle, Viale della Pace, Vicenza, Italy. For details, see "Technical Specifications" listed below.

Note to Offeror: this is a “Brand Name” only effort for Mecalac 136MRAIL railroad excavator, the requested item is Brand Name Only, any quote other than Brand name only will be rejected.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012163063

PSC CD: 3805

NET AMT

TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

ITEM # Qty Technical Specifications 0001 1 M7591002: Mecalac 136MRAIL excavator with two-years warranty from time of delivery.

1 M7595028: Standard counterweight + additional counterweight (+590 kg) ** 1 M7591106: Italian version ** 1 M7195073: Standard color ** 1 M7591035: Heating and air conditioning ** 1 M7591043: 5 LED work lights **

1 M7495010: Rubber tracks, 450 mm ** 1 M7575038: Heated pneumatic seat ** 1 M7591083: Manual centralized greasing, for the turret only ** 1 M7591040: Additional proportional auxiliary line (derivation for clamshell bucket rotation) ** 1 M7495019: Four safety valves for first arm, intermediate arm, dipperstick and bucket **

1 M7195053: Clamshell bucket adaptation (bucket jack derivation) - opening/closing function **

1 M7595031: Power supply + Mecalac CONNECT toolbox with hook (use with 3 safety valves) **

1 M7195119: Mecalac mineral hydraulic oil (ISO 46) ** 1 M7595018: Hammer return line ** 1 M7591112: Rail lights option ** 1 M7591006: Lorrys for a standard rail gauge of 1435 mm (4'8.5") ** 1 M7591059: Non-insulated rail wheels ** 1 M7591066: 4 steel wheels (UIC profile), 630 mm ** 1 M7591011: Emergency group ** 1 M7575095: MyMecalac Connected Services, telematics (Europa) ** 1 M7595036: ISO mode guide ** 1 M7595051: Diesel refueling pump with automatic stop ** 1 M7160063: Cabin rain cover ** 1 M7575075: Bluetooth radio ** 1 M7575090: Automatic engine stop at idle ** 1 8521007: Toothless skid bucket (2300 mm, 750 l full) ** 1 8811024: Backhoe bucket 350 mm / 150 l with teeth ** 1 8811003: Backhoe bucket 600 mm / 275 l with teeth ** 1 8811005: Backhoe bucket 900 mm / 450 l with teeth ** 1 8841028: Pallet lifter with forks (use with 4 safety valves) ** 1 Delivery to Caserma Ederle, Viale della Pace, Vicenza, Italy ** 1 Training, including instruction on use and maintenance and operation of the excavator for five people at Caserma Ederle, Viale della Pace, 36100 Vicenza, Italy. Date mutually agreed upon by DPW and vendor. **

Qty: Quantity

Statement of Requirements for all items except the one with **:

1) Offeror must specify type of commercial warranty included.

2) THE EQUIPMENT SHALL BE CE (European Conformity) or it will be rejected due to not meeting the technical specifications.

After Contract Award:

3) Contractor must provide Technical Manual Operator - English and Italian (preferred if in DVD or CD)

4) Contractor must provide Technical Manual Parts - English and Italian (preferred if in DVD or CD).

5) Contractor must provide Technical Manual Maintenance - English and Italian (preferred if in DVD or

CD).

END OF TECHNICAL SPECIFICATIONS

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 INSTRUCTION TO OFFERORS

This is a “Brand Name” only effort for Purchase of brand new Mecalac 136MRAIL railroad excavator with required accessories, the requested item is Brand Name Only, any quote other than Brand name only will be rejected.

The resultant order will be Firm Fixed Price (FFP). All responsible sources may submit a response which, if timely received, will be considered by the agency. The Government intends to evaluate quotes and award a contract without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Award will be made to the quote with the lowest grand total price that meets the description of all Item Numbers (ITEMs) 0001 listed above, on a ‘all or none’ basis, including Anti-Mafia Law Requirements (Italian offerors only). Provisions 52.204-24 and 52.204-26 shall be filled-in and returned with RFQ.

Failure of an offeror to provide all above listed ITEMs and Quantities (QTYs) shall determine the Quote being rejected as unacceptable. Failure of an offeror to provide information sufficient to determine conformance with the RFQ may result in the offeror being ineligible for award.

SUBMISSION OF QUOTES IN EUROS (EUR) OR US DOLLARS (USD) CURRENCY. Quotes submitted in response to this solicitation will be in EUR or USD. Offerors shall specify on their quotes the currency. Quotes received in other than EUR or USD shall be rejected. Companies located in the United States of America (USA) shall submit Quotes in USD. Companies located in Europe (EU) shall submit Quotes in EUR. All other companies shall submit Quotes in USD. If award is made to a USA located company, award will be made in USD and paid in USD. If award is made to a EU located company, award will be made in EUR and paid in EUR. If award is made to a company located out of EU, award will be made in USD and paid in USD.

In accordance with Clause 252.211-7003, each item with a cost at or above USD 5,000 will require a unique item identifier (UID). The cost of including the UID (item’s unique serial number) must be included in the unit price of each item when applicable. Quotes will be submitted in EUR or USD currency. To ascertain if the UID applies, the set Budget Exchange Fiscal Year (FY) 2024 is 1 USD = EUR 1,1654.

Your Quote shall be valid for forty-five (45) calendar days from the date of submission.

FOB: Destination Caserma Ederle Building 21 (Supply Warehouse) Viale della Pace 36100 Vicenza 36100, Italy

Delivery Address: Required Delivery Date (Estimated)

Proposed Delivery (Number of Calendar Days after

Contract Award)*:

Caserma Ederle

Building 21 (Supply Warehouse)

Viale della Pace 36100 Vicenza 36100, Italy

(ITEM 0001): 30 December 2024

*Offeror Proposed Delivery is the number of Calendar Days, that the Offeror require in order to deliver the items after contract award. Offeror will digitally type the number of Calendar Days (not a date), since the contract award date is undetermined, at this time. In case of contract award, the delivery date on the Order will reflect the number of Calendar Days proposed by the Offeror, since notice of award.

Please ensure to specify or include with your quote the applicable Commercial Warranty Information for the Item (0001): ___________________________. Minimum Government requirement: twenty-four (24) Months Commercial Warranty since delivery.

Partial payments are not authorized. Contractor will be allowed to submit via WAWF one (1) invoice, for ITEM 0001. Payment Terms is ’30 Days Net’.

*To be eligible for award, contractors must be registered (and have an active account) in the System for Award Management (SAM) database at the time an offer or quotation is submitted. The Unique Entity ID (UEI) and CAGE Code (NCAGE) is provided upon registration. For further information: https://www.sam.gov.

Additional Disclosure Instructions to Offeror: Provision FAR Clause 52.204-24 (if applicable)

(a) If the Offeror represents in 52.204-26(c)(1) that, “it does provide covered telecommunications equipment, then the Offeror should go to FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, paragraph (e)(1) Disclosures (https://www.acquisition.gov/far/part- 52#FAR_52_204_24) to identify the additional documentation that should accompany this representation when sending it back to the sender.

(b) If the Offeror represents in 52.204-26(c)(2) that, “it does use covered telecommunications equipment, then the Offeror should go to FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, paragraph (e)(2) Disclosures (https://www.acquisition.gov/far/part- 52#FAR_52_204_24) to identify the additional documentation that should accompany this representation when sending it back to the sender.

STATEMENT OF REQUIREMENTS FOR ALL ITEMS EXCEPT THE ONE WITH**

(PER ‘TECHNICAL SPECIFICATONS’ LISTED ABOVE)

1) Offeror must specify type of commercial warranty included.

2) THE EQUIPMENT SHALL BE CE (European Conformity) or it will be rejected due to not meeting the technical specifications.

The following shall be provided after contract award

1) Any applicable commercial warranty that was quoted as included with the equipment.

2) Technical Manual Operator - English and Italian (preferred if in DVD or CD)

3) Technical Manual Parts - English and Italian (preferred if in DVD or CD).

4) Technical Manual Maintenance - English and Italian (preferred if in DVD or CD).

QUESTIONS:

No later than (NLT) 19 August 2024 at 10:00 A.M. Central European Time (CET). All questions concerning the solicitation shall be submitted via email with the subject line “RFQ # W912PF24Q0134 Mecalac 136MRAIL railroad excavator with required accessories and training” to ALL email addresses listed below:

- ROBERTO.SCHIAVON2.LN@ARMY.MIL

- LAURA.K.LINDSAY6.CIV@ARMY.MIL

Answers to offerors' questions will be provided via email or in an amendment to the solicitation as needed.

Government reserves the right to not answer questions received if determined unnecessary by Contracting Officer.

All questions shall be submitted in English.

REQUEST FOR QUOTE (RFQ) PACKAGE

No later than (NLT) 26 August 2024 at 03:00 P.M. CET, offerors shall submit the RFQ package via e-mail with the subject line “RFQ # W912PF24Q0134 Mecalac 136MRAIL railroad excavator with required accessories and training” to ALL above mentioned email addresses.

ADMINISTRATIVE FORMAT INSTRUCT

Quotes shall be in English Language, digitally typed, only signatures may be hand-written, and submitted in PDF or Microsoft Word format.

ADMINISTRATIVE DOCUMENTATION

The following documentation shall be submitted with the Offerors’ Quotes. Fill out or provide the following:

1. Technical description. Submit a Technical description of the of the “BRAND NAME” items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation.

On this Solicitation (SF 1449) Document:

2. Blocks 17a, 30a, 30b, 30c. Fill out, sign and date, including NCAGE or SAM Unique Entity Identified (UID), on Block 17a.

3. ITEM 0001. Fill out Unit Price and NET AMT

4. Fill out Provisions 52.204-26 (52.204-24, if applicable).

5. On ADDENDUM TO 52.212-1 INSTRUCTION TO OFFEROR Part, digitally type your Proposed Delivery (by giving Number of Calendar Days after Contract Award) and specify or include with your quote the applicable Commercial Warranty Information for the Item (0001).

6. Anti-Mafia Self Certification (Fill out, sign and date: Only Italian Offerors).

FACTOR I – TECHNICAL

Offerors shall provide a detailed technical description of the BRAND NAME items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. The equipment shall be CE (European Conformity) - or it will be found to not meet the technical specifications and rejected

FACTOR II – PRICE

1. Pricing Section. Offerors shall fill in ITEM 0001, providing their best quotes per listed ITEM (currency must be specified).

2. Unit Price/NET AMT: Offeror shall enter a Unit Price and NET AMT per Each, excluding VAT (IVA), including shipping costs, FOB Destination, to Caserma Ederle, Building 21 (Supply Warehouse), Viale della Pace, 36100 Vicenza, Italy. Note. Unit Price, NET AMT and Grand Total Amount must have two (2) decimals. When third decimal is five (5) or above five (5), second decimal is rounded to next highest number.

END OF ADDENDUM TO 52.212-1 INSTRUCTION TO OFFERORS

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

This acquisition will be conducted in accordance with FAR Part 12 Acquisition of Commercial Items, FAR 13.5 Simplified Procedures for Certain Commercial Items and as supplemented by agency. The award will be made to the responsible Offeror whose Quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the lowest priced Quotation that meets the criteria in the solicitation evaluation factors.

Offerors are put on notice that:

a. The non-price factors will be evaluated on an “acceptable/unacceptable” basis.

b. The non-price factors are evaluated for acceptability.

c. The Offerors must provide all required information or the Quotation will not be considered.

d. In order to be eligible for an award, a Quotation shall be rated “ACCEPTABLE” on all non-price factors.

e. Before awarding, the Government will make a responsibility determination by analyzing whether the apparent successful Offeror complies with the requirements of FAR subpart 9.104.

f. The following factors shall be used to evaluate Quotations:

FACTOR I – TECHNICAL

FACTOR II – PRICE

EVALUATION APPROACH: Non-price factors are evaluated on an Acceptable/Unacceptable basis, assigning ratings of “acceptable” or “unacceptable” as defined below.

Acceptable

Quotation clearly meets the minimum requirements of the solicitation

Unacceptable

Quotation does not clearly meet the minimum requirements of the solicitation

FACTOR I: TECHNICAL

Offerors shall provide a detailed a technical description of the Brand Name items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. The equipment shall be CE - or it will be found to not meet the technical specifications and rejected.

FACTOR II – PRICE

This will be FFP contract. The Government will evaluate price reasonableness for this requirement. The price factor will be evaluated separately from the non-price factors The Government will evaluate the following:

a. The Offeror shall provide all pricing for each Line Item Number (ITEM). Offeror shall enter a Unit Price and Net Amount price for each ITEM (currency must be specified).

b. A price reasonableness approach will be utilized to determine the quoted prices offered are fair and reasonable and that a “buy-in” is not occurring.

c. Should the Government determine quoted prices are unrealistically low (an indication of “buy- in”), this will be considered a performance risk and may be considered ineligible for award.

d. For evaluation purposes, the NET AMT total price quoted for ITEM NO. 0001 as indicated in the solicitation will be used to determine the lowest quotation.

e. The award will be based on lowest price determined to be reasonable, complete and balanced.

END OF ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

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 30-DEC-2024 1 W6E7 USAG ITALY

W6E7 USAG ITALY

CASERMA EDERLE BLDG 0946

VIA PRA SPINEO

VICENZA 36040

49-611-435-374-3 FOB: Destination

W582RR

DELIVERY ADDRESS

The address under the “Delivery Information – Ship To Address” is for billing purposes only.

Items are to be shipped to:

FOB: Destination Caserma Ederle Building 21 (Supply Warehouse) Viale della Pace 36100 Vicenza, Italy

Delivery to consolidated points are NOT authorized and delivery must be to the provided “shipped to” location above.

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2024

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

NOV 2023

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-1 Payments APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 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 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

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

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea 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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. 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. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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:

Factor 1 – Technical (detailed technical description of the “BRAND NAME” items being offered) Factor 2 – Price

(b) Options. N/A

(c) N/A

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of clause)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission

(IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the…